Survivors of sexual violence are entitled to lodge claims under social law against the state as well as claims under civil law against the perpetrator. If these claims have not been lodged or cannot be enforced, then survivors could also be eligible for benefits from the so-called Supplementary Aid System (EHS).
Social claims: Victims Compensation Law, pension entitlements, accident insurance
Survivors can request compensation from various state institutions.
Survivor compensation under the Social Compensation Law (SER) - Victims Compensation Law (OEG) and Social Code Book Fourteen (SGB XIV)
Survivors who suffer adverse health effects as a result of child sexual abuse may have a valid compensation claim against the state under the Social Compensation Law. This claim is still based on the regulations in the Victims Compensation Law (OEG). However, the Social Compensation Law was comprehensively reformed in 2019. The new Social Code Book SGB XIV will come into force on the 1st of January 2024. Entitlement to social compensation will then be based on SGB XIV and the OEG will cease to apply as from this date.
Benefits that can be claimed under it will include rapid assistance in a trauma outpatient clinic, medical treatment and therapy, pension benefits, welfare benefits and rehabilitation measures.
Property damage and financial losses are not reimbursed under the SER. Compensation for pain and suffering is also not paid out under the SER.
SER benefits are only granted upon application. There is no application deadline. Benefits are granted retrospectively from the date of your injury if the application is made within one year of the assault. If the application is submitted later on then benefits will only be granted from the month in which the application was submitted. It is therefore advisable to submit your application as quickly as possible.
Pension claims from pension insurance institutions
Survivors of sexual violence inflicted during childhood and adolescence may be entitled to a reduced earning capacity pension from the pension insurance scheme. However, the statutory pension will then be offset against any possible pension paid to you under the SER.
Anyone who has health problems and is therefore no longer able to earn a living through gainful employment may be entitled to payment of a reduced earning capacity pension before they reach the statutory retirement age. The reduced earning capacity pension will become a regular pension when you reach retirement age.
The reduced earning capacity pension will only be granted upon application. It is recommended that you seek advice from specialist advice centres or lawyers beforehand. The German Pension Insurance Association also provides advice on its website.
Pension claims from pension insurance institutions
Survivors of sexual violence inflicted during childhood and adolescence may be entitled to a reduced earning capacity pension from the pension insurance scheme. However, the statutory pension will then be offset against any possible pension paid to you under the SER.
Anyone who has health problems and is therefore no longer able to earn a living through gainful employment may be entitled to payment of a reduced earning capacity pension before they reach the statutory retirement age. The reduced earning capacity pension will become a regular pension when you reach retirement age.
The reduced earning capacity pension will only be granted upon application. It is recommended that you seek advice from specialist advice centres or lawyers beforehand. The German Pension Insurance Association also provides advice on its website.
Civil law claims: Compensation and damages for pain and suffering
Survivors can claim compensation and damages for pain and suffering directly from the perpetrator.
Conditions for compensation and damages for pain and suffering
There is a right to compensation for physical damage. A right to compensation for pain and suffering exists to compensate for any immaterial disadvantages. These claims can be asserted independently from a criminal prosecution.
If a survivor of sexual abuse is still a minor or is not legally competent for other reasons, then the legal representatives must lodge the claims.
The claims are directed against a perpetrator who culpably committed or failed to prevent the abuse.
In the event of assaults that occurred within institutions, it is also possible to lodge claims against the institution to which the perpetrator belonged at the time of the assault.
If there has been a culpable breach of official duty by civil servants or judges, e.g. with regard to supervising schools or homes or in care law, then it is also possible to lodge a claim for breach of official duty.
Statute of limitations
Civil claims for sexual abuse have been subject to a 30-year statute of limitations since 2013. So they can be sued at any time during this period. This 30-year period applies to all abuse cases that have occurred since 2013. However, it also applies to claims that occurred before 2013 but were not yet statute-barred in 2013.
Costs aid for low-income citizens
Low-income citizens have the possibility to apply for counselling aid for out-of-court legal advice and legal representation. The local court at the place of residence of the person seeking legal assistance will grant it. This will include a consultation voucher which the person seeking legal assistance can use to receive a free initial consultation with a lawyer of their choice.
Legal aid may be granted for legal proceedings. Depending on their financial circumstances, citizens do not have to make any payments or only legally set instalment payments. Legal aid will be granted by the court that will also have jurisdiction to decide on the lodged claim.
Supplementary Aid System (EHS)
Financial assistance is also provided under the so-called EHS. EHS consists of the Sexual Abuse Fund and the Help System in the institutional sector. It supports survivors who experienced sexual violence as children and adolescents in their family or in the institutional sector. EHS also provides services that are not, no longer or insufficiently financed by the legal aid system.
