Facts
On July 31, 1993, the appellant was the victim of an armed robbery and rape by an unknown person. It was only during a surgical intervention on August 7, 1997 that an HIV infection was discovered in the appellant, diagnosed as being at the AIDS stage on September 4, 1997. The appellant filed a request for victim assistance on January 19, 1998, which was rejected by the cantonal authorities as being late. The Federal Tribunal ultimately upheld the appellant's appeal.Considerations
The Federal Tribunal considers that the two-year statute of limitations provided for in Art. 16(3) of the Victim Assistance Act (VSA) does not run from the commission of the offense, but from the moment the harmful consequences occurred or were discovered by the victim. In this case, although the HIV infection occurred in 1993, it was only in August 1997, upon diagnosis of the AIDS disease, that the appellant became aware of her infection. Consequently, the request for victim assistance filed five months later, in January 1998, must be considered as having been filed within the time limit.
The Federal Tribunal also notes that the purpose of the VSA is to provide rapid and effective assistance to victims of serious offenses, regardless of the identification of the perpetrator. Therefore, requiring the victim to file her request within a two-year period when she is unaware of the offense would be contrary to the spirit of the law and the principle of good faith.
Finally, the Federal Tribunal considers that the appellant…