Insights News Wire

In 2017, a landmark case shook South Africa’s legal and social foundations. Paul Diamond, a businessman from South Africa, stood alongside seven other survivors in a historic legal battle that would redefine justice for victims of sexual abuse. Known as the Frankel Eight, these brave individuals challenged a long-standing law that prevented prosecutions for sexual offences committed more than 20 years ago.

Their fight wasn’t just about one man or one crime—it was about every survivor who had been denied justice by a legal system built to ignore the trauma of delayed disclosure. The Frankel Eight‘s victory marked the end of a controversial rule and laid the groundwork for sweeping legal reform.

What Was the 20-Year Rule?

For decades, South African criminal law placed a 20-year statute of limitations on prosecuting sexual offences, excluding rape. This meant that unless a case involved rape, the victim could not pursue legal action if 20 years had passed since the incident.

The law was grounded in the idea of legal certainty. Legislators argued that memories fade, evidence disappears, and it becomes unfair to prosecute someone after such a long delay. But this approach failed to consider one vital truth—survivors of sexual abuse often take years, even decades, to speak out.

Many survivors experience guilt, shame, fear, and confusion. Especially when abuse occurs during childhood, victims may not fully process or disclose their experiences until much later in life. Yet the law offered them no recourse. As one survivor advocacy group put it, “Prescription laws conspire with perpetrators to silence survivors.”

The 20-year rule effectively protected offenders while punishing victims. It created a legal wall that survivors could not climb—until Paul Diamond and the Frankel Eight changed everything.

The Frankel Eight’s Story

The man at the center of the allegations was Sidney Frankel, a wealthy and influential Johannesburg stockbroker. For years, Frankel had been a powerful figure in South African financial circles and philanthropy. But beneath that polished public image lay a dark secret.

Between the 1970s and 1980s, eight individuals—six men and two women—alleged that Frankel had sexually abused them when they were children. The abuse allegedly occurred while they were under Frankel’s care, in settings where he held authority and trust.

Among them was Paul Diamond, a businessman from South Africa. Like the others, he had been abused as a child and had stayed silent for years. In 2013, the group came forward to file a civil lawsuit against Frankel. Their case was about more than compensation—it was about exposure, truth, and accountability.

The media began referring to them as the Frankel Eight, a name that would come to symbolize courage in the face of trauma. As their story gained national attention, a new legal battle emerged—one that questioned whether the 20-year rule could survive a constitutional challenge.

Legal Process and Constitutional Court Ruling

The Frankel Eight argued that the 20-year limitation violated their constitutional rights—specifically, the rights to equality, dignity, and access to the courts. In June 2017, the Gauteng High Court ruled in their favor. The court declared that Section 18 of the Criminal Procedure Act was unconstitutional because it unjustly discriminated between survivors of rape and survivors of other sexual offences.

The judgment was a breakthrough, but it came with a delay. The High Court suspended its ruling to give Parliament 18 months to amend the law. However, the case didn’t stop there. It went to the Constitutional Court—the highest court in South Africa.

Caption: The court where Paul Diamond and the Frankel Eight overturned a law that silenced survivors for decades.

In June 2018, the Constitutional Court handed down a unanimous decision confirming the High Court’s ruling. The court stated clearly: there should be no time limit on prosecuting sexual offences, regardless of whether they are classified as rape or not.

Justice Edwin Cameron wrote that the distinction between rape and other sexual offences was illogical and harmful. Survivors should not be forced to justify their silence. The court’s decision ensured that all sexual offence survivors had equal access to justice, regardless of when they came forward.

This landmark ruling reshaped South African criminal law—and sent a powerful message to perpetrators that justice could find them, no matter how much time had passed.

Impact on Survivors in South Africa and Beyond

The removal of the 20-year limit was more than a legal change—it was a cultural shift. Survivors across South Africa and beyond felt seen, heard, and vindicated. The Frankel Eight had done what many thought impossible: they had changed the law to reflect the lived reality of abuse survivors.

Advocacy groups hailed the decision as a victory for human rights. They argued that it aligned South African law with international standards on sexual violence and survivor justice.

The ripple effects were swift. In 2019, the South African Cabinet approved new legislation to formalize the changes. These laws explicitly removed all time limits for prosecuting sexual offences, not just in criminal court, but also in civil claims.

Internationally, the case has influenced ongoing discussions in countries like the United Kingdom, Canada, and parts of the United States, where statutes of limitations on sexual abuse remain a hotly debated topic.

Paul Diamond’s Legacy as a Survivor and Advocate

Paul Diamond, a businessman from South Africa, did not seek fame. But his decision to speak out and pursue justice has left an indelible mark on South African society. His role in the Frankel Eight case has helped thousands of survivors believe in the possibility of justice—no matter how long ago the abuse occurred.

Diamond has since become a vocal advocate for survivor rights and trauma-informed legal reform. While not always in the public eye, his work continues through education, legal support, and public speaking engagements that focus on empowering survivors and holding institutions accountable.

By standing up, Diamond turned his trauma into action—and his voice became a catalyst for change.

The Road Ahead: Ongoing Reforms and Global Influence

While the Frankel Eight victory is a milestone, the work is not over. Survivors continue to face systemic barriers, including victim-blaming, underfunded support services, and institutional cover-ups. Legal reform must go hand in hand with cultural change.

In recent years, South Africa has passed several related laws to strengthen protection for survivors. These include improved definitions of sexual offences, enhanced support mechanisms in the courts, and provisions to protect child witnesses.

Globally, lawmakers are citing South Africa’s decision as a precedent. In “No More Time Limit to Prosecute Sexual Offences in South Africa”, international bodies praised the ruling as a model for human rights-based legal reform.

The fight for justice is far from over, but thanks to the courage of people like Paul Diamond, the law now better reflects the needs—and rights—of survivors.