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Child Sex Abuse Case Could Change SA Law

By Michelle Pughe-Parry
Originally published at the Independent Online, June 2, 2002

Esme van Zijl—already dubbed a pioneer in the fight of victims against childhood sexual abusers—could change the law in South Africa if her damages claim against her elderly uncle succeeds.

But she received a setback when the attorney representing her in the ground-breaking case committed suicide in Cape Town recently, ironically soon after closing arguments in the case.

Determined Van Zijl, 49, of Port Elizabeth, is suing her 88-year-old uncle for R330,000 and costs in the Cape High Court for allegedly raping and sodomising her more than 150 times over an eight-year period from the age of six.

And if her claim is successful, she will open the door for many other survivors of sexual abuse to seek retribution from their abusers.

At present the law of prescription prevents people from lodging claims against their abusers unless it is within three years of the victim turning 21.

More than 40 years after the abuse started, Van Zijl took action against her uncle, Imker Maree Hoogenhout, a former diplomat and retired Cape Town businessman.

She said this week that although the case had been emotionally draining, her greatest shock came last week when her lawyer and pillar of strength, Deborah Quinet, committed suicide.

“I am absolutely devastated and when I first heard about Deborah’s death I was very angry with her, because she was the one who talked me out of taking my own life after testifying last year.”

Quinet, 35, a Women’s Legal Centre attorney, took her life the day Van Zijl and her partner Rita returned to Port Elizabeth after being in court for the closing arguments.

Women’s Legal Centre, a foreign-funded non-government organisation, took Van Zijl’s case to court because it qualifies for funding as a potentially precedent-setting matter.

“Deborah was an absolute inspiration to me and she had been my strength all the way through the court case,” said Van Zijl.

She said she did not believe the timing of Quinet’s death had anything to do with the case.

“Deborah had been ill for some time with a chemical imbalance in her brain. She just did not want to live a life in and out of institutions and on medication.”

She described Quinet as someone who could not do anything in moderation. “She was always carrying me and I am really going to miss her being just a phone call away.”

Van Zijl said it was sad Quinet would not be there when judgment was handed down. During the closing argument three weeks ago, Hoogenhout’s legal representatives did not deny the abuse occurred, but were relying on the Prescription Act to prevent Van Zijl from claiming the money.

“When I heard his (Mr Hoogenhout’s) attorney admit the abuse did actually happen, I really couldn’t believe it.” She said for once she felt people would believe she was not a liar. “I was crying and laughing at the same time. It was such a victory to hear his lawyers admit to the abuse. If only my mother and father could have heard it, they would finally believe me.”

Van Zijl is now being represented by Nikki Naylor, also of the Women’s Legal Centre.

Naylor said she and Quinet had been working on the case together.

“Deborah’s death is a great loss to all of us,” she said. But, she was positive about the outcome. “In Esme’s case we are asking the court, only in the case of child sexual abuse, that the Prescription Act be interpreted along with the Constitution and to allow for a claim to be laid by a sexual abuse survivor when the realisation of abuse occurs and not within three years of turning 21,” she said.

She said that during the case, expert evidence had been led that often in abuse cases the victim realised only much later in life through extensive therapy that abuse had happened.

“Many abuse survivors do not automatically make the connection between the problems they are suffering in their lives and the abuse they were subjected to.

“It is usually only after a trigger event in their lives, such as a death of a family member, loss of a job or an attempted suicide, that they seek therapy and the abuse is uncovered, as in the case of Esme.”

She said if Van Zijl’s case is won, it would set a precedent for sexual abuse claimants. “Esme will be the first person to have a damages claim for childhood sexual abuse awarded in the South African courts that is not bound by time.”

For this reason the Women’s Legal Centre had taken on the case. “Our funding allows only for cases which will have an impact on legislation and benefit the larger community.”

Naylor said she had no idea when judgment would be handed down.