Rape victim can claim compensation' from lottery winner, Lords hint

Wednesday, November 07, 2007 posted 11:14 AM EST

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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