Sexual harm (préjudice sexuel) covers all harm affecting the sexual sphere: morphological impairment, impairment of the sexual act itself and difficulty or inability to procreate (Cass. 2e civ., 17 June 2010, no. 09-15.842). It is compensated separately from functional deficit and from loss of amenity, and is assessed in concreto.
Sexual harm (préjudice sexuel) is a head of damage in the Dintilhac classification (nomenclature Dintilhac, the court-endorsed classification of heads of personal-injury loss), listed among the permanent non-pecuniary losses, that is, those that persist after the date of stabilisation (consolidation). The report of the working group chaired by Jean-Pierre Dintilhac (July 2005) presents it as the head of damage concerning compensation for harm affecting the sexual sphere, and asks that three types be distinguished.
The Cour de cassation adopted this definition. In a judgment of 17 June 2010 published in the Bulletin (Cass. 2e civ., no. 09-15.842), it held that sexual harm covers all harm affecting the sexual sphere, and listed its three components. In that case, the victim had settled their claim for sexual harm and then sought, separately, the cost of a treatment. The court of appeal had held that this head of damage is not limited to the loss of the sensation of pleasure but concerns impairment, in all its forms, of sexual life, and that the claim therefore fell within the head of damage already compensated: the Cour de cassation dismissed the appeal.
The definition shared by the Dintilhac report and the 2010 judgment distinguishes three forms of impairment. The file must state which one or ones are at issue.
| Component | What it covers |
|---|---|
| Morphological harm | Impairment of the primary and secondary sexual organs resulting from the damage suffered |
| Harm linked to the sexual act | Loss of the pleasure linked to performing the act: loss of desire or libido, loss of the physical capacity to perform the act, loss of the capacity to experience pleasure |
| Harm linked to procreation | Inability or difficulty to procreate |
The Dintilhac report adds that harm linked to procreation may, in particular in women, take various forms, such as obstetric harm. The second component expressly covers loss of desire or libido: it falls within the head of damage just as impairment of the organs does.
The classification makes sexual harm a separate head of damage. The Cour de cassation, for its part, so held in a published judgment of 28 June 2012 (Cass. 2e civ., no. 11-16.120), delivered in a case of inexcusable fault of the employer on the basis of article L452-3 of the Social Security Code: it quashed the decision of the court of appeal, which had rejected the claim by attaching this harm to functional deficit, whereas it had to be compensated separately from loss of amenity and from functional deficit.
| Head of damage | Period | What it compensates |
|---|---|---|
| Permanent functional deficit (déficit fonctionnel permanent, "DFP") | After consolidation | Functional after-effects, permanent pain, loss of quality of life and disturbances in living conditions |
| Loss of amenity (préjudice d'agrément, PA) | After consolidation | Inability or limitation to practise a specific sporting or leisure activity |
| Sexual harm (préjudice sexuel, PS) | After consolidation | Morphological impairment, impairment of the sexual act, impairment of procreation |
For valuation purposes, sexual impairment is therefore absorbed neither into permanent functional deficit nor into loss of amenity: it is the subject of a claim of its own. The judge rules only on what is asked of them (article 5 of the Code of Civil Procedure): sexual harm must appear in the submissions.
The head of damage in the classification is a permanent loss. For the period prior to consolidation, the Dintilhac report lists sexual harm during the traumatic illness among the elements of temporary functional deficit, alongside the victim's separation from their family and social environment during hospital stays and the temporary deprivation of the private activities or amenities they engage in. Sexual impairment experienced before consolidation is therefore claimed under temporary functional deficit (DFT), and impairment that persists afterwards under sexual harm.
The Dintilhac report asks that this harm be assessed in concreto, taking into account the individual parameters of each victim. The file must therefore establish, component by component, what the accident changed for that particular victim.
In practice, the argument is built in three stages:
The first stage rests on the medical expert assessment report. The judge is not bound by the findings or conclusions of the technician, here the expert (article 246 of the Code of Civil Procedure): an incomplete or questionable report on this point can be challenged.
The effect of the impairment on the spouse or cohabiting partner falls under another head of damage. The Dintilhac report deals with it among the losses of indirect victims: it states that, where the direct victim survives, the sexual repercussions experienced by the spouse or cohabiting partner as a result of the victim's disability, during the traumatic illness and after consolidation, should be included under the exceptional non-pecuniary losses of relatives. The relative's file is then built separately, with its own exhibits.
For permanent cosmetic damage (préjudice esthétique), the Dintilhac report provides for assessment by the experts on a scale of 1 to 7; it mentions none for sexual harm, which it asks to be assessed in concreto. Valuation therefore starts from the victim's own situation: the components affected, what the expert says about them, age and personal situation.
The amount is positioned by comparing the file with decisions concerning a comparable impairment.
A well-valued sexual harm claim rests on an expert assessment that describes the impairment, on a claim distinct from DFP and loss of amenity, and on comparable decisions. This last point, comparison with decisions, is what Plato, the only AI specialised in personal injury, automates: it ties each amount to its base of more than 84,000 quantified decisions, and every figure remains traceable to the decision it comes from. To position a specific file, the tool compares it with real decisions rather than delivering a grid: see Plato for personal injury. This head of damage forms part of the overall valuation described in our complete guide to valuing personal injury, alongside permanent cosmetic damage and souffrances endurées (the pain and suffering endured up to consolidation, rated 1 to 7).
What is the definition of sexual harm (préjudice sexuel)?
According to the Cour de cassation, it covers all harm affecting the sexual sphere: morphological harm, harm linked to the sexual act and harm linked to an inability or difficulty to procreate (Cass. 2e civ., 17 June 2010, no. 09-15.842).
Does loss of libido fall within sexual harm?
Yes. The definition expressly covers it: loss of desire or libido is part of the component linked to the sexual act, alongside loss of the physical capacity to perform the act and loss of the capacity to experience pleasure (Cass. 2e civ., 17 June 2010, no. 09-15.842).
Is sexual harm included in permanent functional deficit?
No. The Dintilhac classification makes it a separate head of damage. In a case of inexcusable fault, the Cour de cassation held that it had to be compensated separately from loss of amenity and from functional deficit (Cass. 2e civ., 28 June 2012, no. 11-16.120).
Is sexual impairment suffered before consolidation compensated?
Yes, under temporary functional deficit. The Dintilhac report lists sexual harm during the traumatic illness among the elements of this head of damage, which covers the period prior to consolidation.
Can the victim's spouse or partner be compensated for their own sexual harm?
The Dintilhac report provides for including the sexual repercussions experienced by the spouse or cohabiting partner in the exceptional non-pecuniary losses of relatives, where the direct victim survives. This is a separate claim, that of the indirect victim.
How is sexual harm assessed?
In concreto, according to the individual parameters of each victim, as the Dintilhac report requires; the report mentions no rating scale for this head of damage. The amount is positioned by comparing the file with decisions concerning a comparable impairment.