Illogical and unjust limitation laws are punishing the victims
of sexual assault and child abuse, says Richard Scorer
In August 2004 Iorworth Hoare (pictured right), a serial rapist, won £7m in the National Lottery. One of his victims decided to sue him for damages. An open and shut case, one might assume; a convicted rapist has money and one of his proven victims seeks just reparation. Surely the only issue for a court would be to decide on the amount of damages?
But as the victim discovered to her shock, no claim was possible. The rape had taken place in the 1970s, and the action was out of time. Currently, the time limit for an assault claim is six years from the date of the assault—or, if later, the date of the claimant’s majority. The court has no discretion to waive this time limit, however justified the victim’s delay. This archaic rule, which ignores the recognised fact that many victims of sexual assault do not have the psychological resources to commence litigation within six years, has long been condemned as unjust and nonsensical.
The House
