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Backdating compensation
Picture this. Your brother (or father, uncle, husband..) has a smudge on his history. When he was 20yrs old he got drunk at a party and had sex with a woman. The woman claims it was rape. Your brother is charged and tried, found guilty and sentenced to a period of incarceration. He is not sued in a civil case because he is not wealthy and it is deemed to not be worth it. So, he serves his time in prison and is released to rebuild his life. Fast forward 25years, your brother is now 45, and he wins a lottery prize. The rape victim from his past hears about this and decides to launch a civil litigation case to seek compensation for the rape 25yrs ago.
I think it is ridiculous.
I am not just sitting here randomly thinking about rape and rape compensation laws, I have been reading about Iorworth Hoare and Mrs. A. Hoare raped Mrs. A in 1988 when she was 59. He was charged with her rape and a string of other sex attacks and was imprisoned for life. While on weekend release in 2004 he bought a lottery ticket and won £7million. After a string of rejections Mrs. A has successfully asked the High Court to change the law to allow her to lodge a civil compensation case for the 1988 rape. The fact she could have sued him after the attack in 1988 but chose not to (he was not worth much money) is no longer an issue. (You can read an article about the ruling here).
I do not think I am being insensitive towards Mrs. A for thinking this is out of line. Mrs. A, and numerous journalists, are claiming that "justice" can now be served. So, do rapists who are broke and face imprisonment for their crimes escape true justice? Justice is served by the law and the law courts, not by private litigation lawyers.
I think people are being blinded by the emotions evoked since Hoare is a monstrous sex attacker. This ruling will affect alot of people who are not sex attackers though. It also puts a huge dent into the whole process of rehabilitation. Why should someone try and rebuild their life and re-assimilate with society if this will always hang over their head, waiting for them to become successful or lucky.
I think it is ridiculous.
I am not just sitting here randomly thinking about rape and rape compensation laws, I have been reading about Iorworth Hoare and Mrs. A. Hoare raped Mrs. A in 1988 when she was 59. He was charged with her rape and a string of other sex attacks and was imprisoned for life. While on weekend release in 2004 he bought a lottery ticket and won £7million. After a string of rejections Mrs. A has successfully asked the High Court to change the law to allow her to lodge a civil compensation case for the 1988 rape. The fact she could have sued him after the attack in 1988 but chose not to (he was not worth much money) is no longer an issue. (You can read an article about the ruling here).
I do not think I am being insensitive towards Mrs. A for thinking this is out of line. Mrs. A, and numerous journalists, are claiming that "justice" can now be served. So, do rapists who are broke and face imprisonment for their crimes escape true justice? Justice is served by the law and the law courts, not by private litigation lawyers.
I think people are being blinded by the emotions evoked since Hoare is a monstrous sex attacker. This ruling will affect alot of people who are not sex attackers though. It also puts a huge dent into the whole process of rehabilitation. Why should someone try and rebuild their life and re-assimilate with society if this will always hang over their head, waiting for them to become successful or lucky.
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