Compensation after an act of violence
Versorgungsverwaltung (social care administration) · Compensation under §§ 13 ff. SGB XIV
The most important sentence first, because it concerns the most common misconception: This entitlement does not depend on the perpetrator. Whether they are caught, charged, convicted or able to pay plays no role for social compensation (Soziale Entschädigung). It rests on a special duty of the state to make amends, not on liability. Civil-law claims for pain and suffering continue to exist alongside it — but they are worthless if no one can pay, and it is exactly this gap that the Social Code Book Fourteen (Sozialgesetzbuch Vierzehntes Buch, SGB XIV) closes.
The second point is the extension that came into force in 2024 and has still hardly registered. The former Victims’ Compensation Act (Opferentschädigungsgesetz) required a physical assault — in bodily form. § 13 SGB XIV now also expressly recognises psychological violence: “other wilful, unlawful, serious conduct directed directly against a person’s free exercise of will”. And subsection 2 lists cases that in any event count as serious — among them sexual abuse (§§ 174 to 176d StGB), rape and sexual assault (§§ 177 and 178 StGB), human trafficking (§§ 232 to 233a StGB), stalking in the cases under § 238 Abs. 2 and 3 StGB, hostage-taking (§ 239b StGB) and robbery-related extortion (§ 255 StGB).
The third point holds many affected people back, and it is not correct as commonly understood: a criminal complaint is not a condition for the entitlement. What the law actually provides for is something different and milder. § 17 SGB XIV distinguishes two cases, and they are often lumped together: under subsection 1, benefits must be refused where it would be inequitable for reasons connected with the applicant’s own conduct — this is mandatory. Under subsection 2, benefits may be refused in whole or in part if injured persons have failed to contribute what was possible and reasonable for them to clarifying the facts and pursuing the case. This is a matter of discretion, and the word “reasonable” carries the whole weight: where making a complaint was not reasonable, its absence cannot defeat the entitlement.
Acts committed abroad are covered too: § 15 SGB XIV regulates entitlements for acts of violence outside Germany separately. Anyone who becomes a victim while on holiday or a business trip is therefore not left with nothing — the scope does, however, differ from that for acts committed within Germany, and you should obtain information on this from the competent authority.
