[Direct answer]The items that can be claimed are divided into two groups: physical damage and mental damage. However, the procedures followed and the compensation received differ. The physical part includes medical expenses, nursing fees, transportation fees, nutrition fees, hospitalization and meal subsidies, and psychological rehabilitation expenses. The compensation for disability, if it constitutes a disability, shall be calculated in accordance with Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021). The mental part shall be claimed for compensation for mental distress in accordance with Article 1183 of the Civil Code. If such claims are raised through criminal incidental civil actions, the people's courts generally do not accept them and require separate prosecution outside the criminal proceedings. The statute of limitations for compensation claims for sexual assault begins to run from the date the victim reaches the age of 18.

I. Problem background and typical scenarios

Most of the families' appeals for help occur within two to three days after reporting the case. They hold the case acceptance receipt in their hands, but don't know who to ask for money from. The first type involves acquaintances as perpetrators, such as neighbors, relatives, teachers, or online friends. The families are worried that reporting the case will lead to a breakdown in their relationships and that their children will be gossiped about. The second type occurs in the supervision gaps of schools, training institutions, and after-school care centers. The perpetrators are either senior students at the same school or external individuals. Whether the school is responsible depends on whether its management is in place. The third type involves offline meetings after online deception. Chat records, transfer records, and location tracking are all stored in the phone, but the families don't know how to export them completely. After a few days, some of the content is automatically cleared. In all three cases, the claimants, procedural entry points, and evidence focuses are different: for acquaintances, the key is to report the case in time and fix biological evidence; for cases on campus, it's necessary to simultaneously retrieve surveillance and access control records; for online deception, it's important to complete screen recording or notarization while the phone is still operable. The most common question from families is whether to settle the case privately, which is precisely the step that most easily invalidates subsequent claims.

II. Key points of contention

First, which procedure should be chosen as the entry point? Civil litigation accompanying criminal proceedings does not charge case acceptance fees. The trial proceeds simultaneously with the criminal case, but according to the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" (effective March 1, 2021), if a person requests compensation for mental damage caused by a crime, the people's court generally does not accept the claim; if a civil lawsuit is filed separately, the claimant can request compensation for mental distress, but must bear the acceptance fees themselves and wait for key stages in the criminal proceedings. Second, are psychological treatment and rehabilitation expenses considered necessary costs? Continuous psychological intervention, psychiatric medication, and hospitalization treatment with medical prescriptions and invoices are reasonable expenses for expanding the consequences of personal injury and can be included in the compensation scope; however, if there are only receipts without diagnosis or treatment records, the expenses are easily questioned. Third, what are the responsibilities of schools and temporary guardians? If a person with limited civil capacity is victimized during school hours, the school shall bear responsibility for negligence in educational management; if a person without civil capacity is victimized, the school must prove that it has fulfilled its duties. Fourth, whether the guardian has fulfilled his or her duty of care will directly affect the proportion of liability sharing.

III. Professional analysis by Hengluo Law Firm

The evidence must be secured as soon as possible. After reporting the case, obtain the case acceptance receipt and the notice of case filing, and record the case number and the case handler; go to the hospital for gynecological examination and injury examination, and request a diagnosis certificate and a copy of the medical record; if the biological samples are collected by the public security organ, keep the collection list; do not wash the child's clothes and bedsheets, and pack them in paper bags instead of plastic bags; for chats and transfers on WeChat, QQ, and short video platforms, use screen recording to continuously record from the account homepage, and if necessary, apply for preservation notarization; from the first visit, keep the scale scores, diagnosis opinions, medication lists, and payment receipts to form a complete treatment course. The compensation list should be itemized, with medical expenses, nursing fees, transportation fees, nutrition fees, and hospitalization subsistence allowances calculated according to actual expenses. For nursing fees, they should be calculated based on the actual income of the caregivers or local nursing standards. If the injury occurs on campus or in training institutions, it is necessary to separately retrieve the access control records, duty rosters, surveillance footage, and the principal's handling records to determine whether the school promptly discovered the injury, notified the parents, and sent the child to the hospital in time. These three factors are the core facts in determining the fault of educational institutions. In the litigation, you can apply for a non-public trial, and the names, addresses, and other information in the judgment document can be anonymously processed. The statements of minors generally do not appear in the public trial, and the guardians can entrust lawyers to ask questions on their behalf to reduce the number of times the child has to repeat the statements.

IV. Practical suggestions and legal basis

Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021) lists the compensation items for personal injury, Article 1183 stipulates that if the infringement of a natural person's personal rights and interests causes serious mental damage, the infringed person has the right to request compensation for mental damage. Articles 1191, 1199, 1200, and 1201 respectively deal with the employer's liability, the educational institution's liability, and the educational institution's supplementary liability in the event of third-party infringement. The Law of the People's Republic of China on the Protection of Minors (effective June 1, 2021) establishes the principle of acting in the best interests of minors and requires protecting their privacy and reputation when handling cases involving minors. Article 191 of the Civil Code of the People's Republic of China (effective January 1, 2021) clarifies that the statute of limitations for claims for damages for sexual assault on minors shall be calculated from the date on which the victim reaches the age of 18. The materials should be prepared in four groups: report and filing documents, medical treatment and examination records, full records of psychological intervention, and communication records with the perpetrator and the school. For specific handling procedures, please refer to our firm's guidelines.Legal services for personal injury and medical disputesThe page.

5. Henglu Law Firm's Reminder

There are three things you should not do. First, do not sign a compensation agreement and issue a letter of understanding without the involvement of a lawyer. The letter of understanding affects sentencing, and the compensation agreement affects subsequent claims. Once it states that the matter is settled once and for all and no further claims will be pursued, it will be difficult to make further claims if the victim later develops post-traumatic stress disorder and requires long-term psychological treatment. Second, do not give up reporting the case to protect your reputation. Without a fixed criminal procedure, biological evidence may be lost over time, and the difficulty of proving the case in civil litigation will increase exponentially. Third, do not interrupt psychological intervention. Trauma reactions often appear months later, and interrupting the treatment process will not only affect the child's recovery but also make it difficult to substantiate compensation claims. The perpetrator and his family often use the excuse that the child is too young and inexperienced to reduce the amount of compensation. Such arguments do not change the fact that the infringement has occurred, but only affect the evaluation of the circumstances. If you find that the child has abnormal emotions, refuses to go to school, or has physical injuries, you should first comfort them, then seek medical treatment, and finally report the case to the police. The order should not be reversed.

VI. Frequently Asked Questions

Q1: Can one claim compensation for mental distress in a criminal incident-related civil lawsuit?

Generally, this is not possible. According to the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" (effective March 1, 2021), if a person files a civil suit in conjunction with a criminal case or separately to claim compensation for mental damage caused by a crime, the people's court generally will not accept the case. To claim compensation for mental damage, the victim needs to file a separate civil suit outside the criminal litigation process, in accordance with Article 1183 of the "Civil Code of the People's Republic of China" (effective January 1, 2021), and bear the corresponding case acceptance fees. The two approaches can be used concurrently, but it is necessary to avoid making duplicate claims for the same loss. After the judgment takes effect, the scope of the separate lawsuit is limited to the unresolved part of the claim.

Q2: After reporting the case, what medical records related to the gynecological examination should be kept in their original form?

Four types of records must be kept intact. Firstly, the outpatient medical records and diagnosis certificates of gynecological examinations and injury examinations must be signed by a doctor and stamped by the hospital; Secondly, the list of biological specimens extracted must be issued by the public security organ, indicating the extraction site, time, and the unit to which the specimens were sent; Thirdly, the medical orders, nursing records, medication lists, and expense details during hospitalization; Fourthly, the initial diagnostic scale scores and diagnostic opinions from the psychology or psychiatry department. The copies of the medical records should be stamped with the seal of the medical records room, and the originals should not be handed over to any party. Evidence such as clothing and bedding should be stored in paper bags to avoid being washed. For subsequent appraisals of disability or mental disorders, continuous follow-up medical records are also required.

Q3: How to provide evidence and calculate the cost of psychological intervention for minors who have been sexually assaulted?

The three pieces of evidence required are medical prescriptions, invoices, and treatment records. Psychological therapy fees are reasonable expenses incurred as a result of personal injury, and require a diagnosis from a psychiatry or psychology department to demonstrate the necessity of intervention. Invoices must prove the actual expenses, and treatment records must reflect the continuity of the therapy. The fees are claimed based on the actual amounts incurred. For future interventions that have not yet occurred, they can be claimed once based on the appraisal opinion or the treatment plan issued by the medical institution, or they can be sued for separately after they actually occur. If there are only receipts but no diagnosis or treatment records, the court usually determines the amount based on the standard for ordinary outpatient services. For cases involving academic disruptions due to trauma or the need for personal accompaniment, the accompanying fees and nursing care fees can be claimed together.

Q4: The statute of limitations only starts to run when a person reaches the age of 18. Will the lawsuit expire if it's filed now?

No. According to Article 191 of the Civil Code of the People's Republic of China (effective January 1, 2021), the right to claim damages for sexual assault against minors shall be calculated from the date the victim reaches the age of 18. This rule only applies to sexual assault. For other personal injuries, the statute of limitations shall be calculated from the date the legal representative becomes aware of the infringement of rights and the date the obligee becomes aware of the infringement of rights. Even if the statute of limitations has not yet started, it is not recommended to wait for a long time: the coverage of surveillance cameras, the relocation of witnesses, and the loss of biological evidence will all worsen over time. The golden period for criminal proceedings is within weeks after the incident. Civil claims can be pursued after the criminal judgment takes effect.

Q5: On the night of the incident, should one call the police first or go to the hospital for a checkup first?

First, call the police and seek medical treatment immediately. The earlier you report the case, the more complete the on-site investigation, biological evidence collection, and surveillance footage retrieval will be. The receipt of the case acceptance and the notice of case filing are also the procedural basis for subsequent claims. After reporting the case, you can immediately go to the hospital for examination. The public security organ will issue a power of attorney or accompany you to collect evidence. It is not recommended to take a shower, change clothes, or wash bedding on your own first, as these actions may cause irreversible loss of evidence. When undergoing a medical examination, actively explain the circumstances of the case and request that the injuries and findings of the examination be recorded. Do not use vague expressions in the medical records. The two tasks are not conflicting, and family members can be assigned different roles: one person can accompany you to report the case, and the other can accompany you to seek medical treatment.

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.