RAPIST Lotto winner Iorworth Hoare could rely on a recent case involving a cigarette company to defend any claims for compensation from his victims, according to legal experts.

Charities and Ministers have called for Hoare, 52, to be stripped of the £7m he won after he bought a ticket on Teesside while on day-release from prison.

Hoare's wife, Irene, from Middlesbrough, also said she would try to sue him and give the windfall to his victims.

Middlesbrough Mayor Ray Mallon joined the debate last night and said inmates should be barred from playing the National Lottery, in the same way they are banned from the Pools and buying Premium Bonds.

Alexandra Owens, at national law firm Rowe Cohen, said that although public sympathy was with the victims, case law could be on Hoare's side.

She said: "Typically, victims can only sue a rapist within three years of the crime.

"The Limitation Act does allow people to apply for an extension to this three-year period if certain criteria are met.

"However, because attempts were not made to sue him at the time, he could rely on the defence used by Imperial Tobacco in their fight against cancer sufferers, where the judge ruled that because the victims were aware of the condition, they should not be able to retrospectively sue the company.

"The judge could, of course, have sympathy with the victim and use his discretion to extend time."

Mr Mallon said: "Over the last few days we have been talking about human rights and political correctness, and no doubt the civil liberty groups will suggest he should be allowed to keep the money because this man has human rights. Well, I disagree.

"I question whether people should be allowed to buy Lottery tickets when they are serving a sentence."

Hoare, from Leeds, who was staying at a bail hostel in South Bank, near Middlesbrough, when he bought the ticket, was jailed for life in 1989 for rape, two attempted rapes and three indecent assaults.