I was at a conference yesterday, which is why I didn’t blog about yesterday’s Lords judgment in A v Hoare and related appeals, in which they ruled that civil claims for damages can be made out of time in some circumstances in cases of rape and sexual assault.

But being stuck in traffic listening to Radio 5 Live, I was astonished by some of the reactions to the judgment. At one point it seemed everyone thought the ruling unfair. Jill Saward, who bravely spoke out having been raped in the 1980s, said (and I think I heard right!) she was disappointed by the ruling and that the state, not rapists, ought to compensate rape victims. Others suggested somehow it was unfair to convicted rapists who’d “paid their price” in prison.

I find these attitudes difficult to believe. The Hoare case seemed to me a paradigm of what you might call circumstantial unfairness: someone who owes society a lot, and who owes one person in particular more than any debt analogy can bear, lucks out completely, and becomes filthy rich. While it was rational within the limitation period for Mrs. A not to sue (Hoare presumably having had little money then), now it’s very rational indeed. The idea that the law should not allow her to get her hands on it, so as to redress some of the incredible unfairness of the situation, seems to me… well, isn’t that almost a definition of injustice?

Two more points. If absent fathers, not the community as a whole, should pay to raise children (and I agree they should); and if polluters, not the community as a whole, should pay for cleaning up environmental damage (I agree they should) then it seems to me obvious that criminals, not the community as a whole, should pay compensation to their victims. Anythiung else is unfair to the community. Where criminals cannot compensate, then yes, that’s where state compensation comes in.

Finally, solicitors representing various parties yesterday were at pains to stress this was not about the money. Why? Mrs. A may not want Hoare’s money (although I’m not madly sympathetic to that attitude: if not, then isn’t suing for damages an abuse of the court?) but it seems to me there’d be nothing wrong at all if she did – and it’s right she should get it. It seems to me quite wrong for anyone to imply there’s anything immoral or shameful in her wanting it from him.

The money is the principle.

2008-01-31T11:58:00+00:00Tags: , , , |