Federal Court of Justice (BGH), Judgment as of 1/16/1996
File number VI ZR 109/95

Summary

The highest appellate court (BGH) reversed the decision of the review court, which had reduced damages for pain and suffering for sexual abuse from DM 60,000 to DM 25,000. This was the first time that a court emphasized that a criminal conviction has no effect on the atonement function of damages for pain and suffering.

In 1993, the female plaintiff, as a ten-year old, had been sexually abused by the defendant over the course of several hours. He was sentenced for this crime to imprisonment for three years. In a civil action, the court of first instance awarded the plaintiff DM 60,000 as damages for pain and suffering.

On the defendant’s appeal, the review court lowered this to DM 25,000. The reasons given were that the plaintiff’s need for atonement had been satisfied by the criminal conviction and the amount of DM 60,000 was excessive.

The next higher appellate court affirmed that the injured party’s need for atonement does play a role in assessing the amount of the damages for pain and suffering, but held that the criminal conviction of the perpetrator has no effect on it whatsoever. The court therefore overturned the judgment of the lower review court. Since the ascertainment of the amount of damages for pain and suffering is a matter for the judge of the trial court, the BGH remitted the case for a new decision to the lower review court in its capacity as a trial court. The BGH noted that a similar amount of damages for pain and suffering had been awarded in similar cases and intimated that it considered this amount justifiable.

Decision in full text: