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The woman attacked by the so-called Lotto rapist looks almost certain to have won her landmark legal fight for compensation from his winnings in the House of Lords after a positive indication from the law lords.
The woman, known as Mrs A, should now be able to claim compensation for the attempted rape in Roundhay Park, Leeds, in 1988, her lawyers say.
Damian Crosse, a solicitor at DLA Piper, said: “We are very optimistic that after a long and often very uphill battle, Mrs A’s claim against Iorworth Hoare [her attacker] will be allowed to continue because the House of Lords will find in favour of her appeal.
“The case before the House Of Lords was notable because it dealt with an important matter of law which the Court of Appeal had previously indicated was both incoherent and seriously deficient.”
Two previous courts had interpreted the Limitation Act 1980 to mean that a victim of an assault such as Mrs A was prevented from making a claim because she was outside a six-year time limit.
Mr Crosse said: “On the basis of a successful appeal by Mrs A, victims of intentional assault will be able to pursue the perpetrators at the discretion of the court outside the normal time limit.”
“I have spoken to Mrs A this morning and she is ecstatic at what she is so very close to achieving. She has always wanted to pursue justice for herself and others and she is relieved as well as very pleased that her efforts will almost certainly prove to be successful.”
Mrs A's attacker, Iorworth Hoare, originally from Seacroft, Leeds, had not been worth suing until he won £7 million on the Lotto while on day release from prison in 2004.
He had been serving a life sentence for the attack on Mrs A and six other women he had previously assaulted.
But just months after his win he was released on parole and now lives in a £700,000 property near Newcastle.
The law lords have indicated that they plan to allow an extension of the limitation period - enabling Mrs A and others to press for compensation, according to her lawyers.
The law lords had been planning to hear evidence from five different cases, but after hearing the key issue have indicated that they can reach their decision.
Mrs A received £5,000 from the Criminal Injuries Compensation Board after the brutal attack by Iorworth Hoare 19 years ago.
But Mrs A, 78, was ordered to pay Hoare’s £100,000 legal fees after unsuccessful attempts to bring a case for compensation in the High Court and Court of Appeal.
She says that she still suffers from nightmares and claims that the brutality of the attack destroyed her self esteem, wrecked her relationships and ruined her life for ever.
But all her attempts to claim compensation from her attacker after his win were thrown out by the courts.
Although most claims for damages for physical or psychiatric injury now have an extendable three-year limitation period from the date of the claimant’s “knowledge”, claims for damages arising out of an intentional sexual assault have a non-extendable six-year limitation period from the date of the assault or the claimant’s 18th birthday, if that is later.
She could not use the Human Rights Act to help her because the six-year limitation period had expired before the law came into force.
The case was heard alongside four others involving sexual abuse.
The victims want to bring actions for compensation against the local authorities who had placed them in care.
The law lords will give a written ruling at a later date.
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It's very easy for some to comment and question motives but the reality is that this is a 78 year old woman who is brave enough and strong enough to stand up and be counted. She has endured the attack, the court case and having to shell out £100k to pay her attackers legal bills! This incredible woman has probably thought that it can't get any worse and the feeling that many feel that something good needs to come out of an atrocious situation. There's some misunderstanding about bringing private legal actions, there is no legal aid provision and many cases are not taken on by solicitors as the attacker has no ability to pay compensation. One very positive outcome for this case is for the many, many women who have to endure a criminal case and to have their attacker walk free because of reasonable doubt. In a private legal action it comes down to probability. If this can help to offsett the serious issue of many rapists getting off and more cases being taken on then well done Mrs A!!!
anonymous, North, UK
i was in a residential boys home in merseyside in the 1980s.
need i say any more .ive been fighting for compensation for 16 yrs now as part of a group action . at every court hearing all we have ever heard is "limitation on time" "out of time" our cases repeatedly thrown out THANKYOU MRS ,THANKYOU . at last some common sense has been reached .its all very well and good for those of you to say "thus we open the floodgates" but i doubt that you have ever experienced "abuse" .it doesnt go away ever ...........ever
Neil Robinson, leicester, united kingdom
I agree with the very balanced view of David House. The crimes of Hoare were repugnant and emotive: he duly received 19yrs in prison and will remain on licence for the rest of his life, so it could hardly be argued that some degree of justice has not been done. The limitations on civil proceedings are there for many good reasons and a bad judgment on this particular and very unique case could result in unfairness and injustice for a vast number of individuals. Opportunists will unite; let us not forget we live in a âclaims cultureâ. I also wonder as to why after all this time Mrs A wants to relive her trauma all over again (her civil case has dragged over several years). Many of us have suffered traumas in our lives and will be dogged with them for ever, but we do try to remove as best we can from our minds and move on. Motives have to be questioned.
Peter Almond, Boston,
so what about other victims of rape, needing a good lawyer to help them sue thier attacker over thier rape, yet not as luckly as MRS A in finding a good lawyer to help them do this or able to get legal aid tobring a privte legal action against thier attacker when the CPS fail to bring a charge of rape or where police fail in carrying out thier duities in line with set policy. WHAT about rape victims that suffer this injuctice and being blocked in geting thier day in court?
louise, northants,
It doesn't only have to apply to rapists who go on to win the lottery - it could potentially apply to any change in the financial circumstances of a person who intentionally assaults another. This does potentially benefit all other victims.
The legal basis for this decision is sound, and a judge is always going to have discretion as to whether to allow the limitation period to be extended. This brings it in line with the limitation periods for negligence etc, which already allow the courts to extend the deadline if they see fit.
It is by no means guaranteed that Mrs A will now recover compensation - she will have to go back to the court and ask them to exercise their discretion to allow her to do so - they may not. Hopefully good sense will prevail.
Helen, Sunderland,
Much as I feel sympathy for this lady why should she benefit whilst others attacked by rapists who did not go on to "win the lottery" do not? We need to ensure fairness for ALL victims and the right thing to do with the money he won whilst on licence is to pay it to the criminal compensation board so that they can distribute it. This case smacks of opportunism and if it does succeed will open up the door to some nasty concepts.
David House, Wisbech, UK
And thus we open the floodgates...
There is no 6 year cut off period anymore then....
Pete Balchin, Solicitor , Bristol, UK
Of course she should get compensation from him.
Finney, York,