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A woman will go to the House of Lords today to seek compensation from the man who tried to rape her out of his winnings from the National Lottery.
Iorwoth Hoare, the so-called “lotto rapist”, was sentenced to life imprisonment after being convicted of the attempted rape of Mrs A.
She was awarded just £5,000 from the Criminal Injuries Compensation Board while Hoare, when on day-release one weekend from prison in 2004, scooped £7 million on the lottery. He was freed on parole later that year.
But in a test case, Mrs A, a retired teacher, 77, is seeking to pursue a civil claim for damages against Mr Hoare for the assault and battery and psychiatric injury she suffered as a result of his attack.
As the law stands, however, her claim is time-barred because it was not brought within the six-year limitation period following the attack in 1989.
Damian Crosse, a partner at the law firm DLA Piper which is bringing her claim before the law lords, said: “We want to see a change in the law to ensure Mrs A is fairly compensated for the damage and suffering she has had to endure as a result of being attacked by Mr Hoare.”
Mrs A and others like her should be able to bring a claim in the civil courts, he added. “There is clearly an anomaly in the law as it stands that is preventing them doing so," he said.
“If the claim that is now being pursued by my client had been issued within six years of the date of the attack there is not doubt that she would have been successful in her civil claim against Mr Hoare.”
The High Court and Court of Appeal have both already barred Mrs A’s claim.
It was in February 1988 that Hoare dragged Mrs A from a path in a park in Leeds and subjected her to a “violent and disgusting” attack.
Mrs A’s lawyers will point out that under current law, courts have discretion to extend what would otherwise be a three-year limitation period for bringing civil claims where the claim includes damages for personal injury.
But that discretion does not cover claims involving deliberate assault where the limitation period is fixed at six years.
Mr Crosse said that lawyer will argue that intentional assault cases should similarly enjoy discretion so that the basic limitation period can be extended by judges.
That view is supported by the Law Commission, he said, which had recommended a flat three-year limitation period, extendable at the discretion of judges in individual cases.
Hoare’s lottery win enabled him to move into a £700,000 six-bedroom mansion on the outskirts of Newcastle on his release from prison.
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