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17 the abuse. She has returned to this practice from time to time throughout her life. [30] The plaintiff had no sexual contact with anyone other than the defendant. When 9 ‘curse the wretch’

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E. Van Zijl v. I.M. Hoogenhout, 2004

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court: South Africa: Supreme Court, South Africa

Date of judgement: Sep 27, 2004

Keywords

Child abuse
Defilement (Rape of children)
Incest
Rape
Sexual assault
Sexual offences

Gender of victim

Female: Girl (under 18)

Gender of accused/perpetrator

Male: Man (18+)

Language: English

Summary: The case concerns the appellant who suffered gross sexual abuse at the hands of her uncle (the respondent) during eight years of her childhood. When – at the age of 48 – the appellant sued him for damages he pleaded that her claim had prescribed within one year of her attaining her majority in 1973. This plea was upheld by the claim was dismissed. It was also found that the appellant had knowledge of the wrong upon which her claim was based from the dates on which the assaults were committed.

As a result The Supreme Court of Appeal held that a victim of sexual abuse as a child who only in adulthood acquired an appreciation of the responsibility of the abuser for the abuse may sue the abuser within three years of acquiring that appreciation.

Primary Documents

Van Zijl v Hoogenhout - claim by adult survivor of child abuse against perpetrator - victim not having knowledge of the wrong until age of majority.pdf
English
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IHRDA SGBV Database

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E. Van Zijl v. I.M. Hoogenhout, 2004

Primary Documents

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