Compensation for Victims of Rape through a Personality Rights Protection Lawsuit
Every victim should be entitled to financial compensation.
Only one third of victims file a claim for compensation for non-material damage within criminal (adhesion) proceedings.
Criminal courts, which are obliged to decide on compensation for harm caused by a criminal offense within adhesion proceedings, refer victims to civil courts in about half of the cases.
Although the perpetrator is punished in criminal proceedings, the victim often receives only public-law satisfaction — the offender is punished by the state, but compensation for the violation of personal rights (dignity, family life, mental well-being) is frequently not granted.
Why is adequate compensation often not awarded?
- The victim does not file a claim for compensation within criminal proceedings
- A criminal order was issued that did not include a decision on compensation for non-material damage and no objection was filed
- Insufficient guidance from law enforcement authorities
- Referral to civil proceedings, along with a lack of information and financial resources to pursue a civil case against the offender
- Social discouragement and stigmatization (e.g., claims that the victim seeks to profit from the offender)
- Secondary victimization and reluctance to face the offender again
Can we help you?
Are you a victim of rape?
Did you not file a claim for financial compensation for non-material damage in the adhesion proceedings?
Were you not awarded compensation for non-material damage (including violations of all aspects of personality rights) within adhesion proceedings?
Were you referred to civil proceedings?
Have you not yet pursued compensation but have now decided to take action?
How does it work?
- We will pay the court fee on your behalf (1% of the claimed amount, minimum CZK 2,000 — e.g., for a claim of CZK 500,000, we will pay CZK 5,000)
- In case of failure, we bear the opposing party’s legal costs
- In case of success, we receive reimbursement of legal costs and 15% of the awarded compensation
Procedure
1) Consultation
Before starting cooperation, we will arrange an initial consultation where we explain our legal services in detail and answer your questions. If needed, you may also share key facts of your case so we can assess the next steps.
2) Case review
To minimize your burden, it is sufficient to provide us with the criminal file. Alternatively, with your authorization, we will obtain it ourselves. We will gather all necessary information from the file and only ask about essential details, so you do not need to retell your experience in full.
3) Personality rights lawsuit
Based on the information obtained, we will prepare a lawsuit to protect your personality rights, which we will consult with you.
4) Court proceedings
We will fully represent you in court, so you will not need to attend hearings or come into contact with the offender again. Your participation and testimony are not mandatory.
5) Legal costs and court fee
You do not pay for our legal services or court fees. We receive payment only if the case is successful — 15% of the awarded compensation.
What do we need from you?
We will need the criminal file, including the final conviction judgment. If you do not have a copy, your authorization will be sufficient for us to obtain it.
You will also need to sign a power of attorney and a legal services agreement.
Your involvement will be minimal — typically just reviewing the final draft of the lawsuit before filing.
What can you claim compensation for?
In civil proceedings, compensation for non-material damage is awarded for violations of personality rights, including dignity, reputation, honor, privacy, and personal, family, and professional life.