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Lords consider Lotto rapist case.

BBC NEWS, 01/11/2007.

BBC NEWS

The Law Lords decision will have far reaching implications for those wishing TIMEBAR removed. FBGA understand that some of the other court cases the Law Lords are hearing involve care homes past abuse issues. FBGA.

The Law Lords are considering whether a victim of a rapist who won millions on the lottery can sue him for damages.

Iorworth Hoare, from Leeds, who won £7m after buying a ticket on day release from prison in 2004, attempted to rape the woman, known as Mrs A, in 1988.

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

The Law Lords will examine whether the six-year law is fair.

They will also consider four other cases in which people who were sexually abused years ago have been prevented from claiming compensation.

Hoare, 53, was jailed for life in May 1989 and spent 16 years in prison.

"I've lived with the trauma of the assault for many years and I feel that justice will be served by me being able to claim what would be relatively modest compensation from Iorworth Hoare."
Mrs A
Victim of attempted rape

It was while he was on day release late in 2004, prior to being freed on parole the following March, that he bought the lottery ticket.

The Ministry of Justice is preparing to consult on possible changes to the law in line with recommendations from the Law Commission.

'Defective' law

The commission said the current law was "defective", and is suggesting an end to any limit for claims in personal injury cases.

She issued proceedings in December 2004 after learning of the win.

At the Appeal Court hearing, Mrs A said that, before the win, Hoare had no assets.

On that basis, she took the view that it was "neither sensible nor proportionate" to take civil action against him as there was no chance of him satisfying any claim.

After the failed attempt to get compensation through the High Court and the Appeal Court, she was ordered to pay Hoare's £100,000 legal fees.

Mrs A was previously awarded £5,000 from the Criminal Injuries Compensation Board after the attack which happened when she was in her 50s.

In a statement issued through her lawyers ahead of the Law Lords' ruling, Mrs A, who was not at the hearing, said: "I've never doubted that I'm doing the right thing on behalf of myself and hopefully many others.

"I genuinely believe that the law is wrong and that it presently gives unfair results.

"I've lived with the trauma of the assault for many years and I feel that justice will be served by me being able to claim what would be relatively modest compensation from Iorworth Hoare."

Ruined life

Damian Crosse, of DLA Piper who are legally representing Mrs A, said they were optimistic.

"We hope that the law is corrected so that the balance is brought more in line between the victim and the perpetrator of intentional sexual assault.

"As it stands, it weighs heavily in favour of the perpetrator, which does not seem fair or right."

Mrs A wants compensation for psychiatric injury caused by the attempted rape and says she still suffers from nightmares while her self esteem was damaged and her life ruined.

 
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