Victim wins the right to sue rapist

6:05am Wednesday 9th July 2008

AN elderly victim of the Lotto rapist has won the right to seek a share of his £7m winnings.

The 78-year-old retired teacher was yesterday given permission by a High Court judge to bring a compensation claim against Iorworth Hoare.

The woman, referred to as Mrs A, was attacked by Hoare in Roundhay Park, Leeds, in 1988.

He was jailed for life in 1989 and spent 16 years in prison for the attempted rape of her and six other women.

Hoare, 59, who now lives in a £700,000 mansion in Ponteland, Northumberland, had no financial assets until 2004, when on day release from prison he walked into a Middlesbrough shop and bought a winning £7m Lotto Extra ticket.

Mrs A, who says her whole life has been overshadowed by the attack, sued him for damages when she heard of his win.

Five months ago, she won a landmark ruling from the Law Lords which allowed courts the discretion to extend the usual six-year limit within which compensation claims for assault cases must be brought.

The case was back at the High Court yesterday, where Mr Justice Coulson granted permission for her claim to go ahead.

The judge rejected claims by Hoare's legal team that the fact he had served his jail term and "become rehabilitated" meant he had "put the past behind him" and now had "a clean slate".

He described the case as "wholly exceptional," adding: "I emphatically reject that submission.

"In my judgment, Hoare does not, nor could he ever have, a clean slate."

The judge dismissed arguments that his ruling might "open the floodgates" to a rash of similar out-of-date compensation claims.

However, Tracey Storey, from solicitors Irwin Mitchell, said the rulings would have major ramifications for victims of abuse and assault.

Her company has already seen an increase in inquiries from victims following the judgment.

"A substantial number of these can proceed to a claim," she said.

The ruling was last night welcomed by Vera Baird QC, who represents South Bank, in Middlesbrough, where Hoare bought his winning lottery ticket.