Law Lords' ruling sweeps away time bar for victims of sexual abuse
Victim succeeds in claim against lottery-winning rapist
David Batty and agencies
Wednesday January 30, 2008
Guardian Unlimited
The woman - identified only as Mrs A - asked five law lords at a hearing in November to amend a law that says claims for damages must be brought within six years of the attack.
The 78-year-old woman tried to sue Iorworth Hoare after he won the lottery in 2004, but was unsuccessful because the sex attack happened 19 years ago.
The ruling is expected to pave the way for thousands of victims to pursue claims for damages many years after their alleged abuse.
The law lords ruled that claims for sexual assault should be brought within three years in future - in line with other civil claims for damages - but they said courts should have the discretion to extend the period to permit older claims, removing the six-year cut-off point.
Victim Support welcomed the ruling but said it would help only a few people. Spokesman Paul Fawcett said: "It's very good news for her but the wider significance is questionable because the vast majority of offenders don't have assets to chase.
"We have long campaigned for a public fund to allow the courts to award compensation, leaving it to the courts to recover assets from the offender and allowing the victim to walk away and put the crime behind them."
Mrs A lost her case in the high court and court of appeal, and was ordered to pay's Hoare's £100,000 legal costs. Her case was one of five appeals heard at the House of Lords on how the Limitation Act affected claims in abuse cases.
Mrs A, who received just £5,000 from the Criminal Injuries Compensation Board, sought compensation from Hoare for psychiatric injury caused by the "violent and disgusting" attempted rape in February 1988.
Hoare, who had subjected six other women to serious sexual assaults, including rape, attacked her as she walked in Roundhay Park, Leeds, West Yorkshire. The retired teacher says she still suffers from nightmares and claims the brutality of the attack destroyed her self-esteem, wrecked her relationships and ruined her life.
Hoare, 59, had not been worth suing until he won £7m. He was jailed for life in 1989 and spent 16 years in prison before buying the winning Lotto Extra ticket while on day release. He was released in 2005 and is reported to live in a £700,000 house near Newcastle.
You can read the full judgment of the Law Lords here:
http://www.publications.parliament.uk/pa/ld/ldjudgmt.htm
[ Back ]