10/06/2008
Victim wins right to sue Lotto Rapist.
A woman (known only as Mrs A) who was the victim of an attempted rape has recently been victorious in the House of Lords. She has been granted permission to pursue a claim for compensation against her attacker even though the normal six-year limitation period had long since expired.
Her attacker, Mr Hoare, had subjected her to an attempted rape in 1988. He was convicted and imprisoned but in 2004, during day release from prison, he won £7.2 million on the Lottery. He was then released in 2005.Following his lottery win Mrs A, sought compensation for the psychiatric damage that she alleged she had suffered as a result of his attempted rape.
Mr Hoare refused to pay her claim as she was outside the normal six-year limitation period under which the claim should have brought by 1994 at the latest. However, the House of Lords in a landmark judgement made a ruling that Mrs A could pursue her claim.
As a result of this ruling claims for sexual assault compensation will be treated much as personal injury claims. They should now be brought within 3 years of the assault, but importantly judges can exercise their discretion to allow older claims to proceed outside the normal time restraints.
This is a very important development, which will help to avoid potential injustice as victims will typically either bury their experience or are unable to deal with a claim for many years after an assault.
Jane O’Callaghan is a solicitor in the family team at the Pontypool Office of Watkins and Gunn and may be contacted on 01495 768933 |
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