Man chokes partner - and demands compensation
A woman in a psychotic delusion attacks her boyfriend with a bottle. He puts her in a sauna in response. The woman faints and suffers a respiratory arrest. In court, the man claims he acted in self-defense and demands compensation for damages.
A man who had killed his girlfriend appeared before the Munich Social Court seeking compensation for the psychological consequences of this act. The man had previously been sentenced by a criminal court for manslaughter. He had put his partner in the sauna after she, who suffered from a psychotic disorder, had attacked him with a full bottle.
He held her in the sauna for so long that she suffered a respiratory arrest and died. Although he had initially acted in self-defense, the court ruled in the criminal proceedings. However, the man saw himself as the victim. "The event, the investigation detention, and the criminal proceedings left the plaintiff severely traumatized," summarized the Social Court the statements of the plaintiff. He had not noticed that his girlfriend was in mortal danger when he held her, and he missed his partner. Moreover, he had lost his job due to the unjustly imposed criminal court sentence.
"No Compensation for the Perpetrator"
The Munich Social Court dismissed the claim. While it was undisputed that the plaintiff had become a victim of a serious physical attack with the bottle, this attack had ended when the attacker had fainted in the sauna. Compensation was therefore only available to the plaintiff for the consequences of head injuries, "not, however, for the psychological consequences of his girlfriend's death at his own hands."
Whoever kills a person in perceived self-defense cannot demand compensation for the psychological consequences of the act, according to the judgment of the court on February 2nd of this year, which was only recently made public and is not yet legally binding. The court communication was headed "No Compensation for the Perpetrator."
The man's case was also heard in an International Human Rights Court, arguing that his rights were violated due to the harsh sentencing and psychological trauma. Despite being in Munich, the man sought international recognition for his plea, believing that international processes could provide a fairer resolution.
Despite facing criticism for seeking compensation after taking another's life, the man continued to advocate for his rights, citing the International Convention on Civil and Political Rights, which emphasizes the right to life, liberty, and security of person.
