VICTIMS of sexual assault currently barred from claiming compensation could be cleared to sue their attackers following a landmark ruling.
Ministers north of the Border could consider reforming stringent time limits in Scots law for victims of sexual assaults after a ruling in the House of Lords on the so-called "Lotto rapist".
Law lords ruled that a victim of an attempted rape by a
man who went on to win £7 million in the lottery had the right to sue him 20 years after the attack.
While the decision does not change Scottish law immediately, ministers considering a report by the Scottish Law Commission on personal injury time-bars will take the ruling into account.
A spokeswoman for the Scottish Government said: "We are looking at the judgment carefully. The submission by the Law Commission is under consideration at the moment."
At present, personal-injury claims in Scotland must be brought within three years of having knowledge of the alleged offence, but judges have discretion to consider older cases.
Graeme Garrett, a managing partner of solicitors Digby Brown, said the case did not directly affect Scotland as it was an interpretation of an English law but "it may encourage the Scottish Parliament when considering the Law Commission of Scotland's report to take this ruling into account".
He added: "This is a very pragmatic decision by the law lords, who have recognised that the original judgment went against most people's idea of fairness."
Lawyers have estimated that the ruling gives hope to more than 5,000 people in the UK who have been banned from suing over sexual abuse as too much time has lapsed.
High Court judges now have discretion in setting time limits to hear complaints.
The ruling will also have an impact on local authorities if victims were in their care at the time of the alleged abuse.
Speculation over the fate of abuse victims comes after a victim, known as "Mrs A", now 79, was attacked in Leeds, in 1988, by "Lotto rapist" Iorworth Hoare.
She received just £5,000 in compensation from the Criminal Injuries Compensation Board at the time, but now has the right to sue her attacker in the High Court.
In a statement read outside the House of Lords by her lawyer, Mrs A said she was "delighted and relieved" the appeal was successful and she had been able to change the law so others in the future could "achieve justice". She added: "It was this, rather than financial gain, which motivated me to begin this process two years ago."
Hoare scooped £7 million after buying a Lotto ticket on day-release from prison in 2004.
The victim's attempts to sue him initially backfired after she was ordered to pay his £100,000 legal costs as the case had been brought after the time-bar.
Hoare, 59, who is believed to live in a mansion in Northumberland, is known to have assaulted at least six other victims and the judgment should also pave the way for them to sue.
The full article contains 517 words and appears in The Scotsman newspaper.
