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Lotto Rapist Case – The Implications of the House of Lords Ruling
Yesterday it was announced that, the Law Lords have overturned the legal time limits allowing victims of rape or sexual abuse to sue many years after that abuse. This will mean that victims will be able to come forward and not be told their cases are barred from proceeding if they are over 24 years of age or it is 6 years since the attack. They will be able to sue the abuser but also sue those who employed that abuser if in a care home or school or detention centre.
Until this ruling, sexual abuse victims had been prevented from bringing claims more than 6 years after an attack or, in child abuse cases more than 6 years after the victim reached 18.
The Law Lords, in the five appeal cases that came before them, have now sent the cases back to the High Court where the Judge will decide whether or not to hear the abuse compensation cases. As Baroness Hale said "It is possible to have a fair trial long after the event". The main case was brought by Mrs A, who was raped by Iorworth Hoare who won £7,000,000.00 on the National Lottery. In 2005, she had her case ruled out because it was outside the legal 6 year limit. This now means she can now have her case re-heard in the High Court.
Penny Ayles of WBW Solicitors, a leading child abuse lawyer, said, "This will have a huge impact for all victims of abuse and assault. It will mean we will be able to advise our clients to not only sue the abuser but also their employers. This stops the very unfair situation which had arisen previously. I am very happy with the result and think it is very positive. The only downside is that unfortunately most abusers do not have any assets ".
For further details please contact Penny Ayles
01626 202404
lawyer@wbw.co.uk