Facts
A., born in 1981, contacted the LAVI Counseling Center in May 2016 and filed a claim for compensation and moral reparation due to alleged sexual abuse between 1985 and 2010. Although no criminal proceedings were initiated, A. provided medical reports and testimonies attesting to the serious consequences of the abuse on her physical and mental health.
The LAVI authority rejected the claim on the grounds that the deadlines had been exceeded. A. appealed this decision to the Cantonal Tribunal, which also dismissed the appeal, finding that the medical reports did not prove victim status to the degree of preponderant likelihood.
A. then referred the Cantonal Tribunal's judgment to the Federal Tribunal, which upheld her public law appeal.
Considerations
The Federal Tribunal confirmed that, in the absence of criminal proceedings, proof of victim status within the meaning of the LAVI can be established to the degree of preponderant likelihood, in accordance with the case law on social insurance matters.
This rule applies not only to establishing…