Bid to ditch prescription on sex abuse cases

A Constitutional Court application could potentially change the law about indecent and sexual assault, opening the way for victims of child abuse to pursue criminal charges against their violators decades after the abuse, says a report in The Mercury. Yesterday, Ian Levitt Attorneys, of Johannesburg, filed an application, calling on the court to change the law about sexual and indecent assault cases so that cases regarded as sexual abuse under the old Sexual Crimes Act can be tried today as would be the case if the crimes had been committed after the Criminal Law Amendment Act of 2007. The application centres on the allegations that philanthropist and stockbroker Sidney Frankel abused at least eight men and women more than two decades ago when they were children. The allegations surfaced in the middle of last year, when siblings Paul Diamond and Nicole Levenstein called on the public to find other victims of Frankel’s alleged abuse. The now eight alleged victims have instituted civil claims against Frankel because they do not have the option to criminally charge him. Levitt’s team argues that this is not in line with the Constitution. The application’s founding affidavit explains: ‘It would be unjust and unfair to deprive the victims of such abuse from being able to ensure their perpetrators stand trial, and if convicted are appropriately punished.’ Billy Gundelfinger, who is acting on behalf of Frankel, said the matter would be opposed.

Full report in The Mercury (subscription needed)