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BBC NEWS | UK | Lords issue landmark abuse ruling

Iorworth Hoare now lives in luxury in Northumberland
Background to case
Victims of sexual abuse may be able to sue their attackers many years later after a landmark ruling by Law Lords.
They ruled a convicted rapist who later won £7m on the National Lottery could be sued by his victim - even though her claim was outside a six-year deadline.

Iorworth Hoare, 53, was jailed for life in May 1989 for the attempted rape of the 59-year-old woman, Mrs A, in Leeds.

Four other historical abuse appeals also succeeded and the decision could allow more victims to sue attackers.


A fair trial can be possible long after the event and sometimes the law has no choice
Baroness Hale

Until now sexual abuse victims have been prevented from bringing a claim more than six years after an attack or, in child abuse cases, more than six years after the victim reaches 18.

The Law Lords ruling now means all five appeal cases - some involving children - will be sent back to the High Court, where judges will decide whether or not to hear the abuse compensation cases.

Baroness Hale said it was important the legal system responded to the challenges posed by historical sexual abuse claims.

"A fair trial can be possible long after the event and sometimes the law has no choice," she said.

'Delighted and relieved'

Before being jailed for life for his attack on Mrs A, Hoare, known as the Lotto rapist, was imprisoned several times for a string of sex attacks, including rape, two attempted rapes and three indecent assaults, during the 1970s and 1980s.


THE FIVE CASES
Mrs A v Iorworth Hoare: Claimant was the victim of an attempted rape by Hoare in Leeds in 1988
C v Middlesbrough Council: Claimant was sexually abused between 1982 and 1988 between the ages of 10 to 16 at a council-managed school
H v Suffolk County Council: H claims he was sexually abused while resident at a school managed by the council
X and Y v Wandsworth: X and Y both allege they were sexually abused between 1984 and 1987 at a council-managed school
Young v Catholic Care and the Home Office: The claimant alleges sexual abuse at a school and detention centre

He now lives in a £700,000 mansion in Ponteland, Northumberland after winning a share a £21m Lotto Extra jackpot on 7 August 2004.

In 2005, a High Court judge ruled a compensation claim by Mrs A was outside the legal six-year limit and the Appeal Court later upheld that decision.

The Law Lords have now reversed that ruling, allowing her case to be reheard at the High Court.

In a statement released through her solicitor, Mrs A said: "I'm both delighted and relieved that my appeal to the House of Lords has been successful and that I've succeeded in changing a law which will provide others in the future with a means of achieving justice.

"It was this rather than financial gain which motivated me to begin this process two years ago."

'Empowering'

The four other appeal cases included a claimant who was sexually abused between 1982 and 1988 at a school managed by Middlesbrough Council when he was aged between 10 and 16.

The judge hearing the case said the victim, known as C, would have been entitled to almost £100,000 in damages, but could not claim because it was outside the legal time period - as covered by the Limitation Act.

But Lord Hoffmann said Section 33 of the act did give judges the right to extend the time limit when they believed it was right to do so.


It's very good news for her [Mrs A] but the wider significance is questionable because the vast majority of offenders don't have assets to chase
Paul Fawcett Victim Support

David Greenwood of Jordans Solicitors, which represents victims of child abuse, said the Lords' decision would "empower" people to come forward to make compensation claims.

"Victims often feel scared to come forward. Most come forward only after prompting through police investigations," he said.

"Victims of sexual and physical abuse in care establishments can now be confident that even after many years they will be treated seriously and sympathetically by lawyers and the courts."

Victim Support also welcomed the ruling but said it would help only a small number of 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."
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