RA 9262 Protects Women in Same-Sex Relationships: Jacinto v. Fouts Explained

The Supreme Court has affirmed that Republic Act No. 9262 (RA 9262), the Anti-Violence Against Women and Their Children Act, protects women in lesbian relationships from abuse by their partners. The ruling in Jacinto v. Fouts (December 7, 2022) clarifies that the law's gender-neutral language covers individuals regardless of sexual orientation, reinforcing the state's commitment to shield all women from intimate partner violence.

The Case: A 16-Year Relationship Turns Abusive

The dispute arose between two women who had been in a relationship for 16 years. The respondent filed a complaint against her partner, alleging acts of violence and abuse. In response, the petitioner filed a Motion to Quash the Information, arguing that RA 9262 does not apply to lesbian relationships and that the facts charged did not constitute an offense under the law.

The Regional Trial Court denied the motion, relying on Section 3(a) of RA 9262 and the Supreme Court's earlier ruling in Garcia v. Drilon, which held that the law's use of the gender-neutral term would cover both men and women.

This interpretation aligns with the constitutional right to equal protection under the law. Excluding women in lesbian relationships from RA 9262's protection would create an unjustifiable distinction, as intimate partner violence is no less harmful in same-sex relationships. As the Court noted, the history of the women's movement against domestic violence includes the fight against the violence of law itself—and the law must not again become a hindrance to women's struggle for equality.

Practical Takeaways

• RA 9262 protects all women, including those in same-sex relationships, from intimate partner violence by their partners.
• The term "any person" is gender-neutral, and the Supreme Court has confirmed it covers both men and women as possible perpetrators.
• A denial of a Motion to Quash is not immediately appealable; the proper course is to proceed to trial and raise the issue on appeal from the final judgment.
• Legislative intent supports broad protection, as lawmakers explicitly discussed and confirmed coverage of lesbian relationships during the bicameral deliberations.
• Equal protection under the Constitution requires that no woman be denied the law's shield simply because of her sexual orientation.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.