The ancient Romans believed strongly in a concept called patria potestas that included the right of men to beat their wives who were considered their chattel or property. In a deeply patriarchal society, it was not uncommon for Romans not only to maim but even kill supposedly errant wives in the exercise of rights of Roman male citizens.

Half a millennium ago, medieval jurists, in a rare display of “progressive” thinking, decided to amend English feudal law which regarded women as the property of their husbands and thus allowed – even encouraged – them to beat their wives. In an effort to reduce the gravity of acts of violence against women, the new law allowed men to still beat their wives only if the sticks they used did not exceed the width of their thumb. This eventually became the source of the phrase “rule of thumb”.

Fortunately, times have changed and in most countries it is now illegal for men to lay hands on their wives – not even a thumb on a woman’s body. Although by law women are protected from violence in all its forms, these abhorrent crimes remain widespread and unchecked even in countries like the Philippines where statutes are in place to safeguard the right of women to live lives free of violence.

This is mainly because crimes against women, especially domestic violence, continue to be shrouded in secrecy and shielded from public scrutiny because of its so-called “private” nature. The problem is compounded by the sense of shame victims feel and their resulting hesitancy to report such crime no matter how life threatening to them or to their children.

In the Philippine Congress, we take pride in prioritizing measures that protect women and girls from violence and abuse and promote their right to health and development. Among the significant Philippine laws which seek to eliminate various forms of violence against women are the following:

(1) The Anti-Mail Order Bride Law (Republic Act 6955) of 1990 which declares as unlawful the matching of Filipino mail-order brides to foreigners. It penalizes the business of marrying Filipino women to foreign nationals either through personal introduction as well as through advertisement, publication, printing or distribution of brochure and flyers, through membership in clubs created for matching Filipinas to foreign nationals and, through the use of the postal service. Arranging marriages for commerce demeans matrimony and vitiates women’s will.

(2) The Anti-Sexual Harassment Act of 1995 (Republic Act 7877) which declares as unlawful and penalizes incidents involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of sexual nature, made directly or indirectly in the employment, education or training environment.

(3) The Anti-Rape Law of 1997 (Republic Act 8353) which reclassified rape as a crime against persons, defining it as public rather than a private crime. It increased the penalties against this horrible crime and even penalizes marital rape.

(4) The Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505) provides assistance and protection to rape victims and establishes rape crisis centers in every province. Aside from the provision of services to the victims, capacity building/training is also mandated for law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers and barangay officials to make them better equipped to serve the needs of rape victims.

(5) The Anti-Trafficking in Persons Act of 2003 (Republic Act 9208) defines and penalizes the crime of trafficking in persons who are usually women. The trafficked person is considered as a victim and is provided protection and support services by the State.

(6) But let me focus on the law that has the most potential to prevent violence against women. This is Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act” which was signed into law on International Women’s Day on March 8, 2004. Like all the other previously mentioned statutes, the campaign to enact a law criminalizing violence against women and their children and the declaration of such crime as public offense was not a walk in the park.

It took almost 15 years for the Philippine Congress to pass this landmark legislation since the first bill seeking the criminalization of wife beating was initially filed in 1990.

The passage of anti-violence against women measures filed in both Houses of Congress would not have been possible without the staunch and unwavering commitment of not only legislators but also the non-government organizations and women’s groups who were instrumental to the enlightenment of many lawmakers and who were determined to make people see that marriage or intimacy is not a license to inflict pain and terror on the supposedly “weaker sex”.

It is interesting to note that every Congress, the number of bills filed on domestic violence grew dramatically. This is thanks to no small measure to the constant campaign of women’s organizations for the passage of the proposed measures. From a solitary bill filed in the 8th Congress, a record number of 13 bills were filed in the 12th Congress. Of these 13 bills, five were principally sponsored by male legislators. In fact, the final consolidated bill had a total of 111 coauthors, two-thirds of whom or 75 were male.

These numbers reveal that even in a traditionally male-dominated Philippine Congress, women’s issues and women legislators themselves have not taken a backseat.

The Anti-Violence Against Women and their Children Act had a gestation period lasting almost a decade and a half and the resulting law clearly defines the acts that constitute violence against women and children from physical and sexual violence, which include bodily harm and rape, to psychological and economic violence, which encompass marital infidelity and withdrawal of financial support.

Moreover, the law states that such crimes are of a public nature and therefore not only the victim but any person who has knowledge of the crime can file a case against the perpetrator.

This provision was seen as a big step in improving the actual reporting of such crimes and prosecution of the offender because not only is there a social stigma involved in making acts of domestic violence public, majority of women are terrified that the violence will escalate should they report their partners to the authorities. The nature of the crime itself clearly discourages victims from exposing the perpetrators.

Another unique feature of this statute is that the crime does not have to be committed within a legal marital relationship. Boyfriends, common-law husbands and even dating partners are also criminally liable.

The final law is a vast improvement over the original “Anti-Wife Beating Act” proposed in 1990 as the statute also directs the issuance of protection orders to prevent further acts of violence against a woman or her child even as it safeguards the rights of the victim to avail herself of much needed legal services and mandates that she receive services such as counseling or therapy, medical services, temporary shelter and livelihood assistance.

The aforementioned protection orders have been hailed by Philippine Supreme Court Chief Justice Reynato Puno as “the principal weapon of the victim of domestic violence” because it prevents the offender from further perpetrating his crime.

Moreover, the law does not only mandate penalties for the perpetrator. He is also required to undergo rehabilitative counseling and treatment for anger management and to help change his low regard of women in general. This is the essence of rehabilitative justice – the genuine reformation of the offender.

Altogether, RA 9262 is a commendable law and it clearly sends the message that violence against women and children will not be tolerated and the State will exhaust all avenues not only to help the victim-survivor get back on her feet again, it will also ensure that the offender gets the assistance he needs in order to reform.

There is no question that women are invariably the victims of domestic violence and sexual assault. It therefore behooves all of us here to ensure that women will not also have to carry the burden of preventing the occurrence of violence against women and girls.

It is also precisely because men are the usual perpetrators of aggression and assaults against women that men themselves should be in the forefront of the campaign to end violence against women and girls.

It is important to keep in mind that the participation of men in domestic violence and sexual assault is not merely confined to that of a potential perpetrator. Men are also usually silent bystanders and mute witnesses to this violence.

Prevention efforts must therefore be geared towards acknowledging the crucial role that men can play as vital partners in preventing and finally ending the cycle of violence. Their role must be transformed from that of a perpetrator of horrible crimes against women to that of reliable partner in the effort to ensure that no woman will have to suffer violence in the hands of a man who professes to love her.

But our efforts to stop the violence should not end in seeking the assistance of grown men. Our campaign should start with young boys. It is never too early to start instilling in boys positive attitudes towards women and girls and raising awareness about the evils of all forms of cruelty and uncontrolled anger. It is also important to prevent young boys from witnessing episodes of domestic violence and abuse because studies have consistently shown that boys who witness violence in their homes, especially violence perpetrated by their fathers, were three times more likely to be violent men themselves and display aggression towards wives, girlfriends and female family members.

But besides encouraging men to intervene in the actions of other men, helping instill in them anti-violence values and genuine respect for women and helping boys grow up to shun violence and have a high regard of women, the most effective deterrent to domestic violence is to continuously challenge cultural concepts of masculinity that lead men to think that beating up one’s wife or assaulting one’s girlfriend is the hallmark of masculinity. Men should erase all notions that a black eye on the face of one’s wife is a stamp of masculinity. On the contrary, it is merely the telltale mark of a brute, the indelible stigma of criminality.

Mass media can do a lot in this regard. It can help change perceptions and redefine the ideals of masculinity because violence and manliness are actually contradictory. Gentleness, kindness and sincere respect for women as equals are signs of strength. There is power in compassion and a generous spirit which cannot ever be found in aggression and brute force.

Violent crimes against women and girls cut across social and economic classes and are alarmingly widespread even with relevant laws in place. These crimes have untold negative costs not only to the woman but to society as a whole. It cripples the spirit of countless victims even as it mutilates the fabric that holds together families and communities.

We all want to think of ourselves as fair-minded and evenhanded men who play by the rules. Violence against women, especially domestic violence and sexual assault, are most definitely against the rules and in direct transgression of fair play and social justice.

For real men, there can be no excuses. We must all do our share in ending the culture of violence against women and girls.

I propose the immediate creation or forging of a Regional Code for the Full Protection of Women and Girls Against Domestic Violence with Men and Boys at the Vanguard of the Crusade.