Victory for victims of sex abuse

The brave fighters in the Frankel 8 case, as the alleged sexual abuse victims of late billionaire and philanthropist Sydney Frankel are known, have scored a significant victory for all victims of sexual abuse in this country, especially children.

The eight won their case when the South Gauteng High Court in Johannesburg ruled this week that sexual assault cases will no longer have the 20-year prescription period that used to stand in law, and that victims of sexual offences, can pursue their cases any time, irrespective of when the crime took place.

The Frankel 8, who claim Frankel abused them more than 20 years ago, have a pending civil case against his estate.

Acting Judge Claire Hartford said she found the time limit unconstitutional and instructed parliament to remedy this within the next 18 months after the Constitutional Court has confirmed her judgment.

Their success opens the door for more victims to come forward.

Sexual abuse is complex when the perpetrator is known to the victim.

This is more complicated when children are abused by authoritative figures who hold complete control over them. Parental figures such as fathers, uncles, coaches and teachers have a massive influence on the actions of the minors they abuse by controlling them with threats to stay silent.

This is further influenced by the social stigma that promotes some families and communities to sweep these crimes under the carpet to avoid dragging the good name of families or certain institutions like the church through the mud. As a result, the abuse only comes to light when the victims are no longer under the influence of those figures.

This is why decades later, when they are no longer dependant on or fearful of those in authority, they are free to speak out.

No one should prescribe a limit on when the victim should be strong enough to confront these demons from the past.

For many years this rule inadvertently protected the perpetrator over vulnerable children.

With more young fighters expected to come forward, the test of true justice will lie in its effective implementation.