I imagine it's a necessary component to assessing damages. Aside from the criminal component, the claim of inflicted pain/suffering is necessary if they want to seek damages.
IANAL, but I suspect that claims along the lines that it didn't bother them, they found it amusing, etc would result in a much lower, if any, assessment of damages.
IANAL, but I suspect that claims along the lines that it didn't bother them, they found it amusing, etc would result in a much lower, if any, assessment of damages.