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The High Court of Appeals has refused to allow Mrs. A to claim damages from her attacker, Iorworth Hoare. Hoare attacked the former teacher in 1988 as she walked through Roundhay Park in Leeds.

The "violent and disgusting attempted rape" has left the now 77-year-old woman with psychological scars that were the foundation of her case. The appeals court, though sympathetic to her plight, had to agree with the High Court ruling which barred her from claiming damages from the now free and very rich Hoare.

Hoare had spent 16 years in prison for the attack against Mrs. A. While out on extramural work duty in March of 2004, he purchased a Lotto ticket and won £7.2 million. Once Mrs. A heard about his win, she began the process to claim psychological damages from him. Prior to that she didn't see any use in filing a claim against him because, having spent most of his life behind bars for a series of sexual crimes, Hoare had no assets and such a case would have been futile. Mrs. A had received £5000 from the government's Criminal Injuries Compensation Board and she felt, at the very least, Hoare who now lives in a six bed roomed house valued at £700,000, should pay the money back to the government which she intended to do if she had won the case.

In June of 2004, Mrs. A and her lawyer, Alan Newman QC, filed a claim for damages but the High Court Official, Master Eyre, denied the case to proceed because it was filed outside of the time limit for such claims. The 1980 Limitation Act states that claims involving crimes of intentional sexual assault had to be filed within a six year period after the crime and that there would be no extension of that time limit. Mrs. A. appealed Master Eyre's decision at the High Court last year June, but failed once again with the justices citing the same reason. At the time, her lawyer was quoted by the BBC as saying; "We submit that there is something very wrong in the law if Master Eyre is right in what he has done".

The victim's lawyers appealed the High Court decision, but the verdict sent down held that the High Court had ruled correctly and according to the law. Mrs. A's law team tried to argue that since her claim was filed in 2004, a newer legislation, the 1998 Human Rights Act, should apply and then the issue of time would not be there. They failed in their argument, though the Court of Appeals gave them the option to make their case to The House of Lords who may have the power to make a decision in the victim's favour.

Newman's law firm, DLA Piper, on a 'No Win-No Fee' basis, took Mrs. A's case but since she has lost this appeal she is now liable for legal costs of the case that may go as high as £100,000. This issue is pending while they make their case at the House of Lords.