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SEXUAL HARASSMENT AND LAWS AGAINST WOMEN

  1. Pertinent Laws • RA 7877 Anti Sexual Harassment Act • RA 8353 Anti Rape Law • RA 9262 Anti Violence against Women and their Children Act
  2. Republic Act no. 7877 Anti Sexual Harassment Act
  3. Anti Sexual Harassment Act (what) Definition Demanding, requesting, or otherwise requiring any sexual favor from another, regardless if accepted.
  4. Anti Sexual Harassment Act (where) • Work related or employment environment • Education or training environment
  5. Anti Sexual Harassment Act (who) Work related or employment environment: • Employer • Employee • Manager • Supervisor • Agent of Employer • Anyone with authority, influence, or moral ascendancy
  6. Anti Sexual Harassment Act (how) The sexual favor is made as a condition for: • hiring, re-employment, or continued employment • Favorable compensation, terms or conditions, promotions, or privileges • Adverse effects on employment opportunities due to refusal to grant sexual favors
  7. Anti Sexual Harassment Act (how) Refusal to give sexual favor results in: • Impairment of rights or privileges under labor laws • Result in an intimidating, hostile, or offensive environment
  8. Anti Sexual Harassment Act (who) Education or Training Environment: • Teacher • Instructor • Professor • Coach • Trainor • Anyone with authority, influence, or moral ascendancy
  9. Anti Sexual Harassment Act (who) Education or Training Environment: Against whom: • One who is under the care, custody, or supervision of offender • One whose education, training, apprenticeship is entrusted to offender
  10. Anti Sexual Harassment Act (how) The sexual favor is made as a condition for: • Passing grade • Granting of honors and scholarships • Payment of a stipend, allowance, or other benefits, privileges or consideration
  11. Anti Sexual Harassment Act (how) Refusal to give sexual favor results in: • Result in an intimidating, hostile, or offensive environment
  12. Anti Sexual Harassment Act Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.
  13. Anti Sexual Harassment Act Duties of Employer or Head of Office: • Prevent or deter acts of sexual harassment • Provide procedures for resolution, settlement, or prosecution of offenses
  14. Anti Sexual Harassment Act Mechanism • Promulgate rules and regulations for procedure in investigating sexual harassment cases and administrative sanctions • In consultation with and approved by employees, students, or trainees • Committee on decorum and investigation of cases • Conduct meetings to increase understanding and prevent incidents • Investigate cases
  15. Anti Sexual Harassment Act Liability of employer or head of office: • Failure to act immediately if informed of such acts by the offended party • Solidarily liable for damages
  16. Anti Sexual Harassment Act Penalties • 1 month to 6 months • Fine P10,000 to P20,000 • Or both
  17. Republic Act no. 8353 Anti Rape Law
  18. Anti Rape Law • Amended Article 266 of the Revised Penal Code • Made rape into a public crime • Removed exclusivity to females • Increased penalties
  19. Anti Rape Law (who) Any person • Male or female • Including spouses
  20. Anti Rape Law (how) Insertion of: • Penis • Instrument or object Into: • Mouth • Anal orifice • Genitalia
  21. Anti Rape Law (how) • Through force, threat, or intimidation; • When the offended party is deprived of reason or otherwise unconscious; • By means of fraudulent machination or grave abuse of authority; and • When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
  22. Republic Act no. 9232 Violence against Women and their Children Act
  23. Anti Violence against Women • Special law protecting women from all forms of abuse • Composed of a criminal action and special civil actions • Protection Orders • Barangay • Court • Made Battered Woman Syndrome a valid defense
  24. Anti Violence against Women (who) May be committed against a woman who is: • wife • former wife • Sexual or dating relationship (includes lesbian relationships) • with common child
  25. Anti Violence against Women Kinds of violence: • Physical • Sexual • Emotional or Psychological • Economic
  26. Anti Violence against Women Physical Violence refers to acts that include bodily or physical harm .
  27. Anti Violence against Women Sexual Violence • Rape • Sexual harassment • Acts of lasciviousness • Made into a sex object • Demeaning or sexually suggestive remarks
  28. Anti Violence against Women Sexual Violence • Physical attack on sexual parts • Forcing to watch obscene publications and indecent shows • Indecent acts and/or make films thereof • Forcing wife and mistress to live in the conjugal home or sleep together in the same room
  29. Anti Violence against Women Sexual Violence • acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; • Prostituting the woman or child.
  30. Anti Violence against Women Psychological Violence 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.
  31. Anti Violence against Women Economic Abuse refers to acts that make or attempt to make a woman financially dependent. • withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
  32. Anti Violence against Women Economic Abuse refers to acts that make or attempt to make a woman financially dependent. • deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; • destroying household property; • controlling the victims' own money or properties or solely controlling the conjugal money or properties.
  33. Anti Violence against Women Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
  34. Anti Violence against Women Protection Orders: • Barangay Protection Order • Court Protection Order • Temporary Protection Order • Permanent Protection Order
  35. Anti Violence against Women Prohibitions: • Acts of violence • Communication • Removal from residence, regardless of ownership • Stay away from person, residence, school, work, or other place • Use of vehicles and other personal effect, regardless of ownership
  36. Anti Violence against Women Prohibitions: • Custody of minor children • Support • Use or possession of firearm or deadly weapon • Restitution for damages
  37. Anti Violence against Women Who may file: • the offended party; • parents or guardians of the offended party; • ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity; • officers or social workers of the DSWD or social workers of local government units (LGUs);
  38. Anti Violence against Women Who may file: • police officers, preferably those in charge of women and children's desks; • Punong Barangay or Barangay Kagawad; • lawyer, counselor, therapist or healthcare provider of the petitioner; • At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who have personal knowledge of the offense committed.
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