Anti-VAWC act, not limited to married couples

  


   

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Anti-VAWC act, not limited to married couples.


Lyceum of the Philippines University College of Law dean Soledad Mawis told “Agenda” on One News on Monday, April 10, that it is “possible” for a girlfriend to file a case against a cheating boyfriend under the law.




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A law dean said under the expanded Anti-Violence Against Women and Their Children Act of 2004, an offended party can also be a “woman with whom” a man “has or had a sexual or dating relationship,” aside from a former or current wife.


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“What’s important here is that the infidelity caused psychological abuse toward the person. In other words, that is the element of the violation in Republic Act [No.] 9262 [Anti-VAWC Act] just like the mental anguish or emotional anguish caused on the victim,” Mawis explained.


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Mawis pointed out that Section 3(a) of the law states that an offended party can also be a “woman with whom the person has or had a sexual or dating relationship,” aside from a former or current wife, and a legitimate or illegitimate child. 


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“We should also look at the [expanded] law as offended parties are not limited to a spouse…Boyfriend and girlfriend, dating relationship, there is still a freedom of choice supposedly and it’s different from husband and wife…it’s not like you want to marry her already,” 

Mawis said. 


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 “But the problem is that the law is very clear. It involves those who had, or (have) a romantic or dating relationship, so it’s not only limited to a wife,” 

Mawis stressed, however, that girlfriends must be able to prove that cheating boyfriends employed psychological violence to win a case.

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Mawis also noted that aggrieved women must be able to establish mental or emotional anguish caused by infidelity, rather than focusing on cheating itself. 


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Note: Last March 23, the Supreme Court (SC) held that marital infidelity falls under the law’s definition of psychological abuse.






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