The government of the Philippines must prosecute and punish LBT hate
crimes to the full extent of the law.
The Philippine National Police (PNP) should institute proper training for
police officers to conduct swift, thorough, and non-discriminatory
investigation of crimes perpetrated against LBT persons.
1d. LBT Persons Unable to Access Justice for Gender Violence (GR 19, Violence
Against Women; GR 33 Women’s Access To Justice)
The CEDAW Committee has recognized that discrimination against women is
compounded by intersecting factors that make it difficult for women in certain
marginalized or vulnerable groups, such as LBT persons, to gain access to justice.
The Philippine Anti-Rape Law14 is applicable to sexual assaults of lesbians and
transgender persons. However, most lesbians lack access to this law for various reasons
including the prohibitive cost of legal services and the stigma attached to being a lesbian
victim of rape. Consequently, perpetrators can act with impunity and criminal charges
against them are rarely pursued. In some situations, lesbians with masculine gender
expression (tomboys, butch lesbians) have been raped, resulting in unwanted
pregnancies. Perpetrators of the rapes included male friends who specifically targeted the
butch lesbians because of their lack of interest in men.
Although LBT persons are often too afraid to report rape, when they do go to the police
for help, they experience additional violations. An 18-year old transgender woman was
gang raped in Zamboanga City. When she reported to police, she was ridiculed by police
officers and told, “Did you not enjoy it? That is a blessing for you! You may be the one
who made the first move!”15
RECOMMENDATIONS:
It is recommended that the CHRP hold closed door hearings with LBT
survivors of rape to determine the challenges for LBT access to justice when
sexual violence occurs. Findings of the hearings should be the basis for
recommendations to improve safety of reporting, access to affordable legal aid
services, and redress under the existing laws prohibiting gender-based
violence and rape.
The government should make low-cost or no cost legal aid services available
for LBT persons.
14
Article 266-A.2 "An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime against
Persons…” Republic Act No. 8353
15
Dangerous Live: Being LGBT in Muslim Mindanao”, Outrage, December 10, 2013, accessed April 15, 2016,
http://outragemag.com/dangerous-lives-lgbt-muslim-mindanao/.
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