A woman who was sexually assaulted while sleeping on a flight to London is challenging UK government rules that prevent her from receiving compensation because the plane was not registered in Britain.
The attack occurred on a Qatar Airways flight from Doha to Gatwick in September of last year. The assailant, 66-year-old Momade Jussab of Feltham, was seated next to her and put his hands down her trousers. He was arrested upon arrival at Gatwick.
In May, Jussab was sentenced to six and a half years in prison at Lewes Crown Court after being found guilty of one count of sexual assault by penetration and two counts of sexual assault.
His victim, who has chosen to remain anonymous and is referred to as Kelly, has been denied compensation through the Criminal Injuries Compensation Scheme because the incident took place on a foreign-registered aircraft.
Kelly’s legal team at Leigh Day has written to Justice Secretary Shabana Mahmood, urging her to address what they see as a legal loophole.
Kelly, a Londoner in her 20s, said: “I don’t understand why I and other victims like me are excluded from the compensation scheme. I was attacked on a flight to the UK, I’m a UK citizen, and British authorities handled the investigation and prosecution. I should be entitled to compensation. Being denied is unfair and illogical. I’m still dealing with the effects of the attack and want to move on with my life.”
The Civil Aviation Act was updated in 1996 to allow criminal acts on foreign planes headed for the UK to be prosecuted in British courts.
Claire Powell, a solicitor at Leigh Day, said: “Our client endured a horrific sexual attack on a flight bound for the UK. She was denied compensation simply because it was a foreign-registered flight, and the rules haven’t been updated to match changes in the Civil Aviation Act. This gap needs to be closed urgently, and we hope the justice secretary will agree, especially given the government’s commitment to tackling violence against women and girls.”
A Ministry of Justice spokesperson responded: “Our thoughts are with the victim, and we remain committed to halving violence against women and girls within a decade. The rules followed by the Criminal Injuries Compensation Authority, including compensation values, are set by Parliament. Other support options are available for victims.”
Frequently Asked Questions
Of course Here is a list of FAQs about a woman being sexually assaulted on a flight and the challenges with UK compensation rules presented in a clear and natural tone
General Beginner Questions
1 What happened in this specific case
A woman was sexually assaulted by another passenger during a flight When she tried to claim compensation for her trauma from the airline she faced significant legal hurdles due to UK and international air travel rules
2 Why is it hard to get compensation for this
Airlines are protected by an old international treaty called the Montreal Convention It primarily covers delays lost baggage and accidental injuries making it very difficult to claim for intentional criminal acts like assault by another passenger
3 Cant the airline just pay out for the trauma
They can but they often dont without a legal fight Their liability is not automatically assumed for crimes committed by other customers and they may argue it wasnt their fault directly leading to lengthy and expensive court battles for the victim
4 Who is responsible if this happens Isnt it the attacker
Yes the attacker is criminally responsible However they may flee be from another country or have no money to pay compensation The question is whether the airline also has a duty of care to protect its passengers and should share some financial responsibility for the harm suffered on their property
Advanced Legal Questions
5 What exactly is the Montreal Convention and how does it block claims
Its an international agreement that sets rules for airline liability It states that airlines are only liable for damages if the incident happened on board and was an accident Courts have often ruled that a deliberate assault by a passenger is not an accident from the airlines perspective so the convention doesnt apply leaving victims in a legal grey area
6 What are victims actually challenging about the UK rules
They are challenging the narrow interpretation of the Montreal Convention They argue that an assault is an accident if the airline failed in its duty of carefor example by not having proper protocols failing to respond to the incident adequately or overserving alcohol to the perpetrator
7 Could I sue the airline for negligence instead
This is the primary alternative but its very difficult You would have to prove the airline owed you a duty of care that
