Rape victim paid out, 50yrs on
2006-05-25 23:02
Mariska Petzer-Spoormaker and Llewellyn Prince
Cape Town - A well-known figure in conservation circles from the Strand must pay R450 000 in damages to his cousin after he molested, raped and sodomised her more than 40 years ago.
Judge Bennie Griesel ruled in the Cape High Court on Thursday that Imker Marais Hoogenhout, 92, a former chief executive of Historical Houses in Stellenbosch, must pay this amount to Esme van Zijl, 54, of Port Elizabeth.
Although this ruling closed the extensive court battle for Van Zijl, she went through her own personal hell on Thursday awaiting the ruling.
"I was taken back to when I was eight years old and was beaten by my mother.
"Between the lashings, I shouted that it would be better to kill myself, and that night I took an overdose of her sleeping pills."
"Today, while waiting for the ruling, I experienced the same type of helplessness and desolation," she said.
Her biggest fear was that Hoogenhout would receive only a slap on the wrist, because that would not have put right the gross injustice done to her, she said.
Protracted, deliberate abuse
"It is not about the money, but a fine that must express how wrong the sexual abuse was."
Besides the legal costs, Hoogenhout also must pay all outstanding interest on this amount since August 19 1999.
Griesel said the order to pay the costs was justified in the light of "Hoogenhout's protracted and deliberate abuse of Van Zijl".
He ruled that the expenses claimed by Van Zijl had been accounted for and motivated by specialists.
"I am satisfied that the suggested amounts for treatment and medication (for a possible five-year period) were reasonable and necessary."
Van Zijl initially claimed R480 000 in damages in a civil case against Hoogenhout, which he didn't oppose.
According to affidavits, Van Zijl was sexually abused between November 1958, when she was six, and 1967. This led to her having to have an abortion at the age of 15.
Van Zijl's claim was rejected by the Cape High Court in 2001 because the case had exceeded the statute of limitations, according to a judge.
Ordered into therapy
She appealed to the High Court of Appeal in Bloemfontein, which ruled that she could sue Hoogenhout.
According to affidavits, Van Zijl was ordered to "immediately go for a course in psychological therapy as the sexual abuse had touched all aspects of her life".
She said she would accept such an order as long as it didn't imply that she was mad.
"Because I am not, that is why I battled to put something straight that was wrong."