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Page last updated at 12:19 GMT, Tuesday, 8 July 2008 13:19 UK

Woman cleared to sue Lotto rapist

Iorworth Hoare
Iorworth Hoare served 16 years in jail for his crimes

A retired teacher has cleared the final legal hurdle standing in the way of her bid to claim compensation from a serial rapist who won £7m on the lottery.

The 78-year-old woman was told by a High Court judge on Tuesday that she can 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 and spent 16 years in prison.

He bought a winning Lotto Extra ticket while on day release from prison in August 2004 and now lives in a £700,000 mansion in Ponteland, Northumberland.

'Exceptional' case

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.

Her claim was sent back to the High Court for a decision on whether, in the particular circumstances of her case, she should be allowed to sue 20 years after the event.

Mr Justice Coulson said on Tuesday there were some factors in Hoare's favour - the length of the delay in suing, the difficulties he might face regarding production of defence evidence in light of that delay and the fact that Mrs A had already received £5,000 from the Criminal Injuries Compensation Board.

But the factors in Mrs A's favour carried far greater weight.

As a direct result of the serious assault, Hoare was given a life sentence which rendered him incapable of earning a living and therefore not worth suing at the time.

Mrs A's case was "wholly exceptional", he 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.


SEE ALSO
Long battle over park sex attack
30 Jan 08 |  England
Legal victory for child abuse man
30 Jan 08 |  North Yorkshire
Lords win for Lotto rapist victim
30 Jan 08 |  West Yorkshire
Rape victim loses damages ruling
07 Oct 05 |  West Yorkshire
'Lottery rapist' freed from jail
31 Mar 05 |  West Yorkshire

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