Facts
The plaintiff, [A.] , was sexually abused by [B.] from 1990 to 1998. The defendant, [B.] , was convicted of sexual acts with children and dependents. The plaintiff made adhesion civil claims in the criminal proceedings and demanded compensation of CHF 50,000.-- and damages of CHF 164,826.60. The Court of Appeal of the Canton of Thurgau ordered the defendant to pay the plaintiff compensation of CHF 6,000.-- plus 5% interest since November 30, 1991, and established that the defendant was 30% liable to the plaintiff.
The plaintiff appealed against this judgment and demanded higher compensation and damages. The defendant did not file an appeal brief.
Considerations
The Federal Court examined the appeal and came to the following conclusion: The lower court rightly reduced compensation and damages due to the victim's contributory negligence. However, the extent of the reduction contradicts the Federal Court's practice. A reduction of 70% presupposes serious contributory negligence on the part of the victim, which cannot be attributed to the plaintiff. Compared to the defendant's fault, who initiated and sought homosexual contacts, the plaintiff's contributory negligence, who did not resist and did not evade the attacks on his sexual integrity, is to be classified as moderate to slight.
According to the Federal Court's practice, a reduction of one quarter to one third…