Facts
The Federal Tribunal has rejected the appeal of X., a victim of sexual abuse by her uncle [Y.], against the judgment of the Appeals Chamber of the Vaud Cantonal Tribunal, which had reduced the amount of compensation for additional school expenses awarded by the criminal judge.
X., born in 1985, was the victim of sexual acts committed by her uncle [Y.] between 1994 and 1997. The District Criminal Court of Nyon sentenced [Y.] to 18 months' imprisonment with probation and awarded X. 35,785 francs in damages, including 14,569 francs for boarding school expenses for the 1998-1999 school year, as well as day school expenses for the following three years.
Unable to obtain payment of these sums from [Y.], who was without resources, X. approached the Canton of Vaud based on the Federal Act on Assistance to Victims of Offences (LAVI). The Canton agreed to pay the 8,000 franc moral damages award and the uncovered psychotherapy expenses, but refused to cover the additional school fees.
X. then filed a LAVI compensation claim before the Civil Court of the District of Yverdon. The court awarded 12,825 francs, rejecting in particular the day school expenses for the two years following the first year. The Appeals Chamber of the Vaud Cantonal Tribunal confirmed this decision.
Considerations
The Federal Tribunal ruled that the LAVI authority was not bound by the legal considerations that led to the civil judgment of the criminal judge. It can in particular re-examine the question of adequate causality between the offence and the damage.
Although the placement in…