R.A. 9262 is the Anti-Violence Against Women and Their Children Act of 2004.

It seeks to address the

prevalence of violence against women and children abuses on women and their children by their
partners like: Husband or ex-husband, Live-in partner or ex-live in partner, Boyfriend/girlfriend or ex-
boyfriend/ex-girlfriend, Dating partner or ex-dating partner.

Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of
the victim with whom she has or had a sexual or dating relationship.

The Act classifies violence against women and children as a public crime.

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.

The law recognizes the unequal relations of a man and a woman in an abusive relationship where it is
usually the woman who is disadvantaged. Thus, the law protects the woman and her children.
The victim, the child who is a minor (legitimate and illegitimate), and a person aged 18 years and beyond
who doesnt have the ability to decide for herself/himself because of an emotional, physical and mental
illness can make full use of the law.
Any child under the care of a woman is also protected under the law.

Dating relationship as used under R.A. 9262 is a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing basis during
the course of the relationship. The dating relationship that the law contemplates can, therefore, exist
even without a sexual intercourse taking place between those involved. A casual acquaintance or
ordinary socialization between two individuals in a business or social context is not a dating relationship.

Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under the Revised Penal
Code.

In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.

A battered woman is a woman who is repeatedly subjected to any forceful physical or psychological
behavior by a man in order to coerce her to do something he wants her to do without concern for her
rights. In order to be classified as a battered woman, the couple must go through the battering cycle at
least twice. The usual traits of a battered woman are low self-esteem, traditional beliefs about the
home, the family and the female sex role; emotional dependence upon the dominant male; the
tendency to accept responsibility for the batterers actions; and false hopes that the relationship will
improve. Specifically, the battered woman syndrome is characterized by the cycle of violence, which has
three phases: (1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving
(or, at least, nonviolent) phase.

In the tension-building phase, there is minor battering whereby the woman allows herself to be abused
for abuse which she considers minor. She thus tries to pacify the batterer through a kind and nurturing
behavior or by simply staying out of his way to prevent the escalation of violence. This is a slippery slope
because the woman harbors the belief that the man has the right to abuse her in the first place.
The second phase acute battering incident is characterized by brutality and destructiveness whereby the
woman has no control and it is only the batterer that may put an end to the violence.

The final phase of the cycle of violence begins when the acute battering incident ends. During this
tranquil period, the batterer may show a tender and nurturing behavior towards his partner because he
becomes conscious of his cruelty and therefore tries to compensate by asking for the womans
forgiveness and giving empty promises of never repeating the assault. On the other hand, the battered
woman falsely convinces herself that the battery will never happen again, that the batterer will change
and that this good and caring man is the real person whom she loves.

In a twisted reality, a battered woman usually believes that she is the sole anchor of the emotional
stability of the batterer. She thus feels that she is responsible for the batterers well-being. In addition,
she believes that she is the reason why the batterer commits his atrocious acts. Thinking that her acts
are wrong, she feels that she has caused the unfortunate events to happen. This is the phase where the
woman is tormented psychologically.