Dear Atty. Angela,
I have been with my lesbian partner for 3 years now. She has behavioral issues and in little mistakes, she would slap me. Recently, she got very angry when she found out that my ex-boyfriend was messaging me. Despite telling her that those were just friendly exchanges, she hit me hard leaving me black and blue and told me she will kill me the next time. I was traumatized with the heavy beating and I no longer want to get back with her. I was told to file a VAWC case and also to prevent her from going near me. Will this law be applicable even if my partner is also a female?
Claire
Dear Claire,
Yes, despite your partner being a female, the Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Act) has been ruled to be applicable.
The Supreme Court has recently ruled in Agacid v. People, G.R. 242133 (16 April 2024) that the Anti-VAWC Act applies “even if the perpetrator is a woman, so long as the victim is a woman.” It also clarified that offense under the law may be committed by any person against a woman or her child.
“The nature of this social legislation is to empower women who find themselves in situations where they are left vulnerable to their abusers who are their intimate partners.” Regardless of who the perpetrator is, it said, a woman being a victim of violence is enough to trigger the law’s protection.
Thus, you can file a case against your lesbian partner on legal grounds of the VAWC law to charge her for physical violence and in the interim, likewise apply for a protection order to prevent further acts of violence against you and granting other reliefs.
The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control of her life. The provisions of the protection order shall be enforced by law enforcement agencies.
Atty. Angela Antonio