Frankel 8 target other abuse laws

TWO MONTHS after the “Frankel 8” changed the law that removed the 20-year time limit – or prescription – in prosecuting sexual assault, the group have set their sights on altering other abuse legislation.

In June, the group of eight abuse survivors secured a Constitutional Court ruling meaning survivors of historical abuse can open up criminal cases against their assailants, even decades after the abuse.

The Frankel 8 have spent years calling on the justice system to hold billionaire philanthropist Sydney Frankel accountable for allegedly abusing them decades ago when they were children.

While the group of nowadult survivors were ultimately fighting to prosecute Frankel, he died in 2017 before he could be taken to court.

Before June’s ruling that changed the Criminal Procedure Act, any sexual crime besides rape would prescribe after 20 years, meaning the group were wary they would never be able to prosecute Frankel criminally.

Because of this, they also launched a civil claim against him in 2015 (now his estate), each asking for R5 million in damages. But the civil case has faced similar issues to the criminal case – that the Prescription Act of 1968 also places a time limit on civil claims involving sexual abuse.

The group has again approached the courts to amend the Prescription Act, asking that victims of sexual abuse be able to sue their abusers regardless of time limits.

In the group’s notice of motion filed earlier this month, they argue that section 12(4) allows victims of certain sexual offences (such as rape) and trafficking to ignore such time limits, but does not include all acts of sexual assault.

The group argues that the section is “irrational, arbitrary and unconstitutional”.

It’s a similar argument used by the group successfully against the Criminal Proced- ure Act, with the Constitutional Court’s ruling forming a major part of their current argument.

According to an affidavit submitted as part of the notice of motion by one of the Frankel 8, Paul Diamond, the group are aware that prescription is a major factor in their own damages claim against the Frankel estate, and that current law affects other victims of sexual abuse from launching such cases.

The Centre for Child Law (CCL) has also joined the application. In the affidavit, the CCL confirms that it too is concerned about the implications of how the act does not apply to all sexual offences, particularly to childhood victims.

“While those children do not have civil prescription run against them while they are under 18, it is also necessary to protect them from the running of prescription after they turn 18 if they remain unable to institute proceedings because of their mental of psychological condition.