Dear Atty. Chris Liquigan,

For the past year, my partner has been physically abusing me by beating me up when drunk. When I want to go the barangay because of this, I was told that my complaint wouldn't go anywhere because she is a lesbian. Can I file for VAWC even though I am currently in a relationship with the same sex? Please help me, Atty.

Laura

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Dear Laura,

Violence Against Women and Children may be committed against a woman with whom the person has or had a sexual or dating relationship.

According to the Section 3 of Republic Act 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004:

"SECTION 3. Definition of Terms — As used in this Act,

"(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

"A. 'Physical Violence' refers to acts that include bodily or physical harm;

"B. 'Sexual violence' refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

"C. 'Psychological violence' refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

"D. 'Economic abuse' refers to acts that make or attempt to make a woman financially dependent."

In your case, a lesbian relationship is clearly included when the term "person" used to describe someone who has or has had a sexual or romantic relationship with a woman is gender-neutral. Therefore, to answer your inquiry if you can file a case against your partner, the answer is yes.

Hope this helps.

Atty. Chris Liquigan