Sexual assault victims ask court to lift time limit on prosecution

The alleged sexual assault victims of the late philanthropist and stockbroker Sidney Frankel had their dignity violated by a section in the Criminal Procedure Act which prevents their complaints from being prosecuted after 20 years of the event.

This is the view of Anton Katz SC‚ counsel for eight people who claim Frankel sexually assaulted them when they were between seven and 15 during the 1970s and 1980s.

It is alleged Frankel used his fingers to penetrate some of the girl victims.

Frankel passed away in March aged 68.

• Sex abuse law's flaw in spotlightA section of the Criminal Procedure Act should be declared unconstitutional because it treats sexual assault differently to rape. 

They only reported the alleged incidents after 20 years of them occurring. This prevented the National Prosecuting Authority from prosecuting Frankel because of section 18 of the Criminal Procedure Act.

The eight are challenging the constitutionality of Section 18 of the Act‚ in that it bars the right to prosecute all sexual offences‚ other than rape‚ after a lapse of 20 years after the offence had been perpetrated. Two of the alleged victims were present in the high court in Johannesburg to hear their application. Katz said Section 18 stopped his clients from being able to give account of the incidents to enable a criminal court to decide their claims.

Katz told Acting Judge Clare Hartford that the section meant children who were subjected to rape were given different treatment in law to other victims of sexual assault.

• 'Frankel victims' renew sex charges bidEight men and women who claim they were molested as children have taken their fight to the high court in a bid to overturn a prescription in law that prevents sexual abuse victims from bringing charges against their alleged abusers if 20 years have passed since the offence. 

Katz said the rule of law required that legislation should be rational.

“This legislation is irrational. This is an absurd piece of legislation.”

Three friends of the court will also make submissions to the court. They are the Women's Legal Centre‚ the Teddy Bear Clinic and Lawyers for Human Rights.

All these organisations support the relief the eight are seeking.

The Women's Legal Centre said no sexual offence should prescribe.

It said the reasons for the delay in reporting sexual offences included fear of reprisal from the perpetrator‚ self-blame and lack of support from family and community members.

• Sidney Frankel's alleged victims to lay criminal chargesFondling a boy's genitals and teaching him to masturbate using Vaseline and a soft drink bottle – this‚ and not philanthropy‚ is the legacy of renowned businessman Sidney Frankel. 

The organisation said to distinguish between rape and other sexual offences resulted in an unequal application of the law and discriminated against those survivors of sexual offences other than rape.

The centre also said sexual offence survivors must be given the opportunity to approach the criminal justice system for legal recourse.

This application is not opposed.

The Minister of Justice and Correctional Services and Frankel's estate will also get a chance to make submissions.

The application continues.

-TMG Digital/TimesLIVE