A woman who was sexually assaulted on a flight to London is mounting a legal challenge against government rules that prevent her from receiving compensation because the aircraft was not registered in the UK.
The attack took place in September last year on a Qatar Airways flight from Doha to Gatwick.
Momade Jussab, 66, of Feltham, was seated next to the victim and sexually assaulted her while she was asleep. He was arrested on arrival in the UK and, in May, sentenced at Lewes Crown Court to six and a half years in prison after being found guilty of sexual assault by penetration and two further sexual assaults.
Despite his conviction, the victim known as Kelly to protect her anonymity has been refused access to the Criminal Injuries Compensation (CIC) scheme.
Authorities ruled she was ineligible because the assault happened on a foreign-registered aircraft.
Legal challenge launched Kelly, who is in her 20s and from London, has instructed the law firm Leigh Day to press the government to close what it describes as a legal loophole.
The firm has written to Justice Secretary Shabana Mahmood, arguing that the rules are out of step with the Civil Aviation Act, which was updated in 1996 to allow UK courts to prosecute offences committed on foreign planes flying to Britain.
Kelly said: “I do not understand why I, and other victims like me, have been excluded from the CIC scheme. I was attacked on a flight en route to the UK, I am a UK citizen, and this crime was investigated and prosecuted by British authorities. I should be entitled to compensation, and being excluded from the scheme is unfair and illogical.”
She added that she continues to suffer from the effects of the assault and wants to move forward with her life.
Call for flight reform
Claire Powell, solicitor at Leigh Day, said the current rules are inconsistent and harmful: “Our client suffered a horrific sexual attack on a UK-bound flight. She was refused compensation under the criminal injuries compensation scheme simply because it was a foreign flight and the rules have not been amended in line with the Civil Aviation Act. It is a gap that needs closing urgently.”
The Ministry of Justice said it remains committed to tackling violence against women and girls but stressed that the compensation scheme is bound by legislation set by parliament. A spokesperson added that “other routes are available for victims to receive support.”
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