Facts
In this case, Y. is accused of having raped the minor B.X. in 2009. The mother of B.X., A.X., has joined the proceedings as a civil party to assert her own claims for damages and compensation for the moral harm she claims to have suffered. However, the criminal court refused to grant her the status of private prosecutor. A.X. then appealed against this decision.Considerations
The Federal Court upheld A.X.'s appeal. It considered that, as a relative of the victim within the meaning of Art. 116 para. 2 CrimPC, A.X. had the right to join the proceedings as a private prosecutor provided that she asserted her own civil claims in the criminal proceedings. Although the case law is restrictive regarding the award of compensation for moral harm to the parents of a sexually abused child, A.X.'s allegations concerning her psychological suffering and the medical and ambulance…