Verbal Abuse


November 16, 2015

A few years back, a woman filed a criminal complaint against a male accused (the defendant), claiming that he had verbally abused her.

The Criminal Court convicted the defendant and sentenced him to a few days in prison.
 
The claimant later filed a civil case against the defendant, seeking compensation of thousands of rials in respect of emotional damages.  The defendant responded by filing a counter appeal, claiming a higher amount in damages for alleged defamation of his reputation due to a newspaper advert notifying him of the case.
 
The Primary Court awarded the woman some monetary compensation, stating that the conviction of the defendant automatically confirmed that she had suffered damages and was entitled to compensation. The Primary Court rejected the defendant’s counter claim and ruled that the newspaper advert was a standard court process.
 
The Appeal Court agreed with the Primary Court. The defendant then appealed to the Supreme Court, stating that the claimant could not claim compensation because she waived her right to do so during the Criminal Court proceedings.
 
The Supreme Court agreed with the defendant’s argument and stated that it was clear from the Criminal Court judgment that the claimant chose to waive her right to claim compensation. Accordingly, the Supreme Court ruled to reject the claimant’s claim for compensation.