Court rules against 20-year limit on sexual assault cases

ALLEGATIONS of sexual assault can be pursued at any time and are no longer restricted to 20 years‚ the Johannesburg High Court has ruled.

Eight alleged victims of late philanthropist Sidney Frankel‚ who accused him of assaulting them when they were children‚ have won their case to change the law that limited sexual offences other than rape to a prescription period of 20 years.

The eight have an ongoing civil case against his estate.

Section 18 of the Criminal Procedure Act imposes a prescription period of 20 years in which to prosecute a sexual offence other than rape.

Yesterday, acting judge Claire Hartford found this restriction to be unconstitutional. Attorney Ian Levitt said the Constitutional Court now had to confirm this court order to make it law.

The confirmation is expected very soon.

Hartford has given parliament 18 months to remedy the law.

Should parliament not remedy the law within 18 months‚ the law changes as the judge has written.

Women and Men against Abuse director Miranda Jordan-Friedmann called the judgment profound, huge and a momentous occasion.

She said generations would thank the Frankel Eight for what they had done. “Everyone in this justice system won today.”

She thanked the Frankel Eight for their bravery and letting out their most intimate secrets to the public.

Frankel died in Johannesburg in March, aged 68.