A2.4 Sexual violence
Can I submit a claim in this category?
You can submit a claim in this category if:
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you experienced sexual violence;
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the sexual violence was caused by Russia’s full‑scale invasion starting on 24 February 2022; and
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the sexual violence occurred within the internationally recognised borders of Ukraine, including the temporarily occupied territories and the territorial waters, or the sexual violence occurred outside of the territory of Ukraine but was directly linked to an event that occurred in Ukraine’s territory.
What can I claim under this category?
You can submit a claim for mental pain and anguish that you suffered due to the sexual violence.
In addition, you can submit a claim in this category for the serious personal injury that you suffered due to the sexual violence, including the costs of medical treatment and rehabilitation borne by you.
What are some examples of “sexual violence” for this category?
“Sexual violence” can be perpetrated on persons of all genders and ages.
It means an act of a sexual nature such as, but not limited to, the following examples:
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rape;
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sexual assault;
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sexual slavery;
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forced prostitution;
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forced pregnancy;
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forced abortion;
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enforced sterilisation;
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forced marriage;
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trafficking in persons for the purpose of sexual violence or exploitation; and
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any other form of sexual violence of comparable gravity
This list is not exhaustive.
In addition to mental pain and anguish, I was injured as a result of the sexual violence. Can I also seek compensation for “serious personal injury”?
Yes, if your injury meets the definition below.
“Serious personal injury” must have caused significant physical or psychological harm or suffering. Examples could include:
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losing or significantly limiting your ability to use a limb, organ, or body function, either permanently or temporarily;
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ending a pregnancy against your wishes;
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losing a limb;
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disfigurement that substantially changed your appearance, either permanently or temporarily; and
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any other injury likely to significantly impact your quality of life.
This list is not exhaustive.
“Serious personal injury” does not include bruises, simple strains or sprains, minor burns, cuts, wounds, or other conditions not requiring medical treatment.
If I suffered serious personal injury as a result of the sexual violence, should I submit a claim under this category or under category A2.3?
You can submit your claim for the serious personal injury resulting from the sexual violence in either category. Claim forms in Diia are simple and intuitive and will help you with the submission process.
I did not suffer any serious personal injury as a result of sexual violence. Can I still submit a claim?
Yes, you can still submit a claim for your mental pain and anguish resulting from the sexual violence.
Does this category also cover torture or inhuman or degrading treatment or punishment, deprivation of liberty, forced labour or service, forcible transfer or deportation, or other violations of personal integrity that I experienced during the sexual violence?
No, if your claim also relates to one or more of these violations, you should submit a claim in a different category too.
Does this category also cover other financial losses?
No, if you suffered other losses, such as loss of income or gainful employment, you should submit an additional claim in a different, applicable category too.
How can I demonstrate that the sexual violence was caused by Russia’s full‑scale invasion of Ukraine?
You should provide available information about the sexual violence, the date or time period that it occurred, and the location.
You should also provide any relevant documentation you have about the circumstances of the sexual violence.
Before submitting a claim, do I need to be recognised under Ukrainian law as a “victim of sexual violence related to the armed aggression of the Russian Federation against Ukraine” or as a victim of sexual violence in national criminal proceedings?
That is not required. But if you have been recognised as a victim of sexual violence, and the sexual violence was the result of Russia’s full-scale invasion of Ukraine, you should include this information in your claim.
Do I need to determine how much mental pain and anguish I have suffered because of the sexual violence?
No, you don’t need to provide your own or an expert’s assessment of your mental pain and anguish, or any other evidence of this.
What should I submit as evidence of the serious personal injury and the related expenses?
The seriousness of the personal injury will primarily be established by medical documentation and records.
It is for you to decide what evidence to submit. Examples could include:
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medical reports;
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medical receipts;
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conclusions of medical commissions;
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forensic medical examination reports;
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photos and videos; and
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medical insurance documents.
This list is not exhaustive.
Do I need a forensic medical examination report for me to submit a claim for the serious personal injury?
It is not required. A forensic medical examination report is one way to help demonstrate the serious personal injury. If you do not have a report, you can still submit your claim with other available evidence. However, if you have any records of your medical examination, you should submit them.
My forensic medical examination report concludes that my injury is of “medium” gravity. Can I still submit a claim for the serious personal injury?
Yes, you can, if your injury falls under the meaning of “serious personal injury” for this category.
For field 14 of the Claim Form, I did not belong to one of the listed groups (member of the military, territorial defence, law enforcement, emergency/utilities/critical infrastructure worker, or medical personnel) at the time of the sexual violence. Can I still submit a claim?
Yes. When submitting your claim, you can select that you did not belong to any of these groups.