The VAWC Act of 2004 defines violence against women and their children and establishes the scope and types of violence. It covers physical, sexual, psychological, and economic abuse committed against a woman, her child under 18, or an incapable child over 18 by her intimate partner or family member. The act outlines remedies for victims, aggravating circumstances, prohibited defenses, and establishes that VAWC is a public offense that can be prosecuted based on a citizen complaint.
The VAWC Act of 2004 defines violence against women and their children and establishes the scope and types of violence. It covers physical, sexual, psychological, and economic abuse committed against a woman, her child under 18, or an incapable child over 18 by her intimate partner or family member. The act outlines remedies for victims, aggravating circumstances, prohibited defenses, and establishes that VAWC is a public offense that can be prosecuted based on a citizen complaint.
The VAWC Act of 2004 defines violence against women and their children and establishes the scope and types of violence. It covers physical, sexual, psychological, and economic abuse committed against a woman, her child under 18, or an incapable child over 18 by her intimate partner or family member. The act outlines remedies for victims, aggravating circumstances, prohibited defenses, and establishes that VAWC is a public offense that can be prosecuted based on a citizen complaint.
CHILDREN(VAWC) ACT OF 2004 REPUBLIC ACT NO. 9262 VAWC • refers physical, sexual, psychological, or economic abuse commited by a person: 1. against a woman: 1. who is his wife or former wife; or 2. with whom he has or has sexual relations or dating relationship; or 3. with whom he has a common child; or 2. against her child, whether legitimate or illegitimate, who is: 1. below 18 years old; or 2. above 18 years old but incapable of taking care of himself. Scope of Violence • Physical Violence • Sexual Violence • Psychological Violence • Economic Abuse Physical Violence • could be in a form of battery, assault, coercion, harassment, arbritrary deprivation of liberty. Sexual Violence 1. rape, sexual harrassment, acts of lasciviousness; 2. treating the woman/child as a sex object; 3. making demeaning and sexually suggestive remarks; 4. physically attacking the sexual parts of the body; 5. forcing woman/child to watch obscene publication; 6. forcing the woman/child to do indecent acts of make files therof; 7. forcing the wife and mistress/lover to line in the conjugal home or sleep together in the same room with the abuser; 8. 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; 9. prostituting the woman/child. Psychological Violence 1. harassment; 2. damage to property; 3. public ridicule or humilitiation; 4. repeated verbal abuse; 5. marital infidelity; 6. causing or allowing the witness the physical, sexual, or psychological abuse of a member of the family to which the victim belongs; 7. causing or allowing the victim to witness pornography in any form; 8. causing or allowing the victime to witness abusive injury to pets; 9. uwanted deprivation of right to custody and/or visitation of common child; 10. stalking Economic Abuse 1. withdrawal of financial support; 2. preventing the woman from enagaging 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 Art. 73 of the family code; 3. deprivation or threat of deprivation of financial resources, including the right to the use and enjoyment of the conjugal property, community or property owned in common; 4. destroying household property; or 5. controlling the victim's own money or proeprties or solely controlling the conjugal money or properties. Remedies of Victims of VAWC 1. criminal action; 2. criminal action with reservation of a separate civil action; 3. civil action for damages; 4. protection order without claiming damages. Aggravating Circumstances 1. While the woman or child is pregnant; or 2. in the presence of her child. Prohibited Defense 1. under the influence of alcohol; 2. any illicit drug; or 3. any other mind-altering substance Battered Woman Syndrome • is a defense for the woman • refers to scientifically defined pattern of psychological and behavioural symptoms found in women in battering relationships as a result of cumulative abuse. • criminal and civil liability do not incur. • not disqualified form having custody of minor children. Public Crime • VAWC is a public offense • may be prosecuted upon filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.
A Book On Criminal Breach of Trust, Cheating and Cheque Dishonor Litigation by Nayeem Firoz (A Judge Working As The Member of Bangladesh Judicial Service)