Ms V.Š. (the claimant) was sexually assaulted by her colleague, Mr. S.B. (the defendant) at work. The criminal court found the defendant guilty of sexual violence by means of an agreement on crime and punishment. The claimant sued the defendant for damages sustained as a result of the defendant’s actions. The claimant supported her claims with the opinion of a psychological expert, who stated that the claimant had suffered damage to her dignity, honor and personal and intimate life, as well as material costs. The amount of non-pecuniary damage awards is determined with regard to the facts of each case individually and the opinion of the court. As a result of the sexual assault, the claimant was traumatized, depressed and afraid to go to work because of the obvious threat posed by the defendant. The district court held that the protection of privacy and other aspects of the personal life of each individual is paramount. Every individual has the right to make decisions about his/her intimate and sexual life and in this case, such right was grossly violated. Furthermore, under Section 11 of the Civil Code, the claimant has the right to protect her life, health, honor, dignity, privacy, name and expressions of personal value. The district court held that the defendant was obliged to pay to the claimant non-pecuniary damages in the amount of EUR 3,319.
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