In principle, rape or an attack on the way to work is not recognized as an accident at work. This emerges from two judgments of the Federal Social Court (BSG) in Kassel.
In one case, a school employee went on appeal, whose ex-boyfriend raped the woman on her way home from work in front of her house. The BSG rejected this on the grounds that the perpetrator had committed the crime primarily for personal reasons (Ref .: B 2 U10 / 12 R). The woman’s lawyer argued that this must have been an accident at work because the perpetrator could only rape the woman on the way to work because otherwise she would never have been alone. However, the judges did not follow this argumentation, but instead referred in their judgment to the personal relationship between the perpetrator and the victim, which had been formative for the crime has suffered from psychological problems since then, no accident pension from the statutory accident insurance. She can only apply for a pension under the Victims Compensation Act. The perpetrator was meanwhile sentenced to 7 years imprisonment for serious rape with subsequent preventive detention.
The revision of a man who was attacked on the way to his home office was also rejected (Ref .: B 2 U7 / 12 R). In the attack, the perpetrator kicked the man in the head and stole his car. In this case, too, the victim wanted to claim the act as an industrial accident, but that was not possible in this case, the judges said. The reason: The man was on the way from a restaurant, which he had visited for mainly private reasons. This automatically left the “scope of protection of the statutory accident insurance”.