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Lords consider Lotto rapist case | Lords consider Lotto rapist case |
(about 2 hours later) | |
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. | 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. | 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. | 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. | 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. | 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 AVictim 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. | 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. | 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. | 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. | 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. | 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. |