Sexual harm
The permanent non-pecuniary head of loss that compensates impairment of the sexual organs, loss of sexual pleasure and loss of or difficulty in procreating, distinct from loss of family life prospects.
The Dintilhac classification made sexual harm a separate head, broken down into three aspects that can exist independently: morphological harm, linked to damage to the sexual organs themselves; harm linked to the sexual act, loss of libido, physical capacity or pleasure; and harm linked to fertility, inability or difficulty to procreate. Case law takes care not to confuse it with the permanent functional deficit, whose rate may already include part of these impairments, so as to avoid double compensation, nor with loss of family life prospects, which compensates the loss of a family life plan. It is assessed case by case, according to age, relationship status and the severity of the harm. For the insurer, it is a delicate head to document, relying on the medical assessment and the victim's statements, and it looms large in spinal cord injury and pelvic trauma files.
A 28-year-old man who suffered a pelvic fracture with nerve damage in 2023 obtains, in addition to his permanent functional deficit, an award for sexual harm for impaired erectile function and difficulty conceiving without medical assistance.
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