Rape Victim in Britain can Stake Claim to the Lottery Earnings of the Culprit

by Gopalan on  July 9, 2008 at 10:38 PM Medico Legal News   - G J E 4
 Rape Victim in Britain can Stake Claim to the Lottery Earnings of the Culprit
A rapist's problems don't end with conviction. He cant delude himself if he only wins some millions in a lottery, he could lead a happy life on release. At least a British judge has ruled the victim can stake claim to his earnings. And 20 years after the rape attempt at that!

The 78-year-old woman, a retired teacher, was told by High Court judge Peter Coulson on Tuesday that she could go ahead with her claim against 59-year-old Iorworth Hoare.

She wants damages for the psychological injuries she suffered after he attacked her in Roundhay Park, Leeds, in 1988.

Hoare was convicted of attempted rape and jailed for life in May 1989.

He had six previous convictions for rape, attempted rape and indecent assault.

He had bought a winning Lotto Extra ticket while on day release from prison in August 2004 and won £7 million. He received his money when he was released the next year, after serving 16 years of his sentence. Hoare is now living in £700,000 mansion.

Five months ago, the woman, Mrs A, won a vital ruling from the Law Lords that, in cases of serious assault, courts had a discretion to extend the usual time limit within which compensation claims must be brought.

The teacher had received £5,000 from the Criminal Injuries Compensation Board and, besides, as a result of the life sentence, Hoare had been rendered incapable of earning a living.

Hence suing him at the time earlier might not have been meaningful. But the situation has changed dramatically.

Mrs A's case was "wholly exceptional", the judge stressed and such circumstances would rarely arise again.

"It will be even rarer for such a defendant, years later, to buy a lottery ticket which wins him £7m or otherwise comes into an unexpected fortune which makes him suddenly worth pursuing after all," the judge said.

He ordered an urgent trial of Mrs A's damages action if no settlement is reached, BBC reported.

Source: Medindia

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