Victory for victims of sex abuse

The 20-year prescription for sexual offences must be changed, says judge.

The 20-year limit on criminally charging someone for sexual assault was yesterday declared inconsistent with the constitution in the High Court in Johannesburg by Acting Judge Claire Hartford.

This closes the door, particularly on paedophiles, who often relied on time and a child’s memory to shield them from criminal action, Women and Men against Child Abuse director Miranda Friedman said. “Too many have been able to get away because of this clause. This is a momentous occasion for children’s rights,” she said.

The court action which led to Hartford’s order was brought by Nicole Levenstein, Paul Diamond, George and Katherine Rosenberg, Daniela McNally, Lisa Wegner, Shane Rothquel and Marinda Smith – who all claimed they were sexually abused by prominent Johannesburg businessman Sydney Frankel up to 30 years ago. Frankel died before he could contest the charges.

Ian Levitt, the attorney for the eight, said the proceedings were uncontested at the final hearing by either the minister of justice or Frankel’s legal team.

“The order encompasses all sexual abuse, whether of children or adults, and declares the inability to prosecute after a 20year period invalid.

“So anyone who is sexually abused at any stage will now have the right to prosecute those abusers that abused them above and beyond 20 years before, and this carries on into the future.”

Levitt said the order still had to be confirmed by the Constitutional Court.

Hartford suspended the declaration of invalidity for 18 months to allow parliament “to remedy the constitutional defect”.

Levitt added: “This is a massive victory for children, this is a massive victory for survivors of abuse, this is really massive for those survivors who have never had a voice,” he said.