Facing the consequences of sexual violence represents one of the most painful and complex challenges a person can experience. Beyond the emotional and psychological trauma, victims often find themselves disoriented by a legal system that can seem intimidating. It is crucial to know that Italian law provides specific tools not only to punish the perpetrator but also to ensure fair compensation for the victims. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the sensitivity of these situations and is committed to providing legal support that combines technical expertise with necessary human sensitivity, guiding the victim towards obtaining justice and the compensation they are entitled to.
The Right to Compensation for Victims of Violence
In our legal system, sexual violence is considered a very serious crime against personal freedom, governed by Article 609-bis of the Italian Penal Code. However, legal action does not end with the criminal conviction of the aggressor. The victim has the full right to claim compensation for all damages suffered, whether material (medical expenses, psychological costs, loss of earnings) or non-material. The latter category includes biological damage, understood as an injury to psycho-physical integrity verifiable from a medico-legal standpoint, and moral damage, related to inner suffering and distress resulting from the crime. To obtain such compensation, the main route is to constitute oneself as a civil party within the criminal proceedings. This formal act allows the victim, assisted by an expert lawyer, to exercise the civil claim directly in the criminal trial, asking the judge to sentence the defendant not only to imprisonment but also to pay a sum as compensation.
The Approach of the Bianucci Law Firm
Avv. Marco Bianucci, an expert lawyer in the protection of crime victims in Milan, adopts a working method based on maximum confidentiality and the protection of the dignity of the person assisted. The priority of the Bianucci Law Firm is to avoid so-called secondary victimization, which is the process by which the victim feels attacked or judged again during the judicial process. The defense strategy is meticulously developed to relieve the client of all non-essential burdens, managing relations with the authorities and thoroughly preparing each procedural phase, including potential testimony, which always takes place in a protected environment and with the lawyer's support. The goal is to obtain the maximum possible compensation for the damages suffered, evaluating every aspect of the suffering endured and, if necessary, engaging external technical consultants to correctly quantify biological and psychological damage.
Frequently Asked Questions
What are the deadlines for filing a complaint for sexual violence?
Unlike most crimes that require a complaint, for which the deadline is three months, Italian law provides enhanced protection for victims of sexual violence. The deadline for filing the complaint is extended to twelve months from the event. Once filed, a complaint for sexual violence is generally irrevocable, to prevent the victim from being subjected to pressure or threats to withdraw it.
Is it possible to obtain compensation if the aggressor has no assets?
This is a very common concern. If the perpetrator of the crime is found to be penniless or cannot be located, and therefore unable to pay the compensation awarded by the judge, the Italian State has established a Revolving Fund for Solidarity to Victims of Mafia-type Crimes, Extortion, Usury, and Intentional Violent Crimes. Victims of sexual violence can access this fund to obtain compensation from the State, subject to certain income and procedural conditions that the lawyer will verify on a case-by-case basis.
What does constituting oneself as a civil party involve?
Constituting oneself as a civil party is the formal act by which the victim of a crime decides to actively participate in the criminal proceedings against the defendant. Through their criminal lawyer, the victim does not merely await the outcome of the trial but introduces the claim for damages. This allows for obtaining, with a single judgment, both the criminal conviction of the perpetrator and the order for compensation, avoiding the need to initiate a subsequent and separate civil lawsuit.
Request a Confidential Consultation
If you are a victim of violence and are seeking justice, you are not alone. Avv. Marco Bianucci is available at his Milan office to listen to your story with the utmost discretion and professionalism. During an initial consultation, we will evaluate the situation together and define the best course of action to protect your rights and obtain the fair compensation you deserve. Contact Avv. Marco Bianucci for an assessment of your case and to receive the legal support you need during this delicate time.