Frankel 8 ‘only halfway through journey’ as civil case still pending

The Constitutional Court’s confirmation of the constitutional invalidity of section 18 of the Sexual Offences Act was not only a vindication but a recognition of the healing process, a Frankel 8 spokesperson said yesterday.

Paul Diamond, one of the eight men and women who challenged the 20-year prescription of the Sexual Offences Act following alleged abuse by businessperson Sidney Frankel, who died last year, said although they had a great sense of relief, they were only half way through their journey.

“This is good for everyone else in the world and will have great impact on survivors everywhere.

“However, we continue in our civil case against Frankel’s estate,” Diamond said.

“We’re grateful to our legal team. It’s been a long process which has been very tough on us. It’s taxing because these things take time. The wheels of justice turn slowly but they turn in your favour if you stick to your guns,” Diamond said.

Diamond’s attorney, Ian Levitt, said the court retrospectively declaring section 18 invalid from April 27, 1994 was inevitable.

“We only had a constitution then. But, 1994 less 20 years is 1974 so it’s academic,” said Levitt. “If somebody went on May 1, 1994 to say their abuse had happened on the April 1, 1974, then effectively, anything after 1994 less 20 years is prosecutable.”

Levitt, who appeared pro bono for the Frankel 8, said the judgment was very powerful.

“It’s massive.

“It’s been a very long, satisfying road. I’m experiencing a very surreal feeling at the moment, it’s an amazing feeling, I’m ecstatic.”

Miranda Friedmann of Women and Men against Child Abuse said many people needed to be thanked for the decision.

Friedmann said: “It took the commitment of all eight brave applicants who made their story public and were prepared to go the distance to challenge this discriminatory law; the commitment of legal team, Ian Levitt and advocate Anton Katz, who spent more than a year arguing for a blanket ruling that all sexual abuse crimes, irrespective of their seriousness, should be prosecutable without time limits, as well as judge Claire Hartford, who in her judgment said ‘to create a random cut-off time of 20 years for prescription of sexual offenses … is entirely irrational and arbitrary’.”

“We see it as a victory for children and adult survivors of child sexual abuse as no one should be forced to disclose sexual abuse within a time frame in order to open a criminal case against their abuser.”

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