A sleeping plane passenger who was sexually assaulted on a British-bound flight is demanding an overhaul of criminal compensation rules that prevent her from making a claim for the injuries she suffered. The 24-year-old victim was travelling on a Qatar Airways flight from Doha to London Gatwick after a trip to Africa last September when she fell asleep beneath a blanket with her headphones on.
But two hours before landing she woke to find 66-year-old Momade Jussab had pulled a second blanket over them and was sexually assaulting her. The depraved passenger was arrested on landing at Gatwick Airport and in May was convicted of offences of sexual assault and sexual assault by penetration. He was jailed for six and a half years and ordered to sign the Sex Offenders’ Register for life.
“Kelly”, who as a victim of a sex crime is entitled to anonymity, is finding it difficult to return to her previous day-to-day life and is locked in a battle for compensation after her claim was rejected because it did not occur in a “relevant place”.
She said: “It has felt so hard and so traumatising to think that anyone would ever want me to do that to me. The shock and disbelief at what I have experienced will never go away and I will never understand how or why anyone would do that to a person.”
But she says there is an unlawful disconnect between the criminal law that brought her attacker to justice, and the compensation scheme for victims who have to live with the consequences of such horrific crimes.
Since 1996, when a gap in the law was closed, attacks and sexual assaults along with other crimes that occur on-board UK-bound foreign aircraft have been able to be prosecuted in UK criminal courts.
However, that same gap still exists in the Criminal Injuries Compensation Scheme (CIC Scheme) so victims of such crimes on-board foreign flights headed to the UK are not entitled to compensation.
The current rules state an aircraft is only considered a “relevant place” if it is a British-registered aircraft.
Her lawyers at the firm Leigh Day argue the decision is “irrational” and are now preparing to challenge Justice Secretary Shabana Mahmood in the courts over the difference.
Kelly said: “I do not understand why I, and other victims like me, have been excluded. 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 is unfair and illogical. I am still suffering with the effects of the attack and want to move forward with my life. I ask the Justice Secretary to close this gap as soon as possible.”
Leigh Day solicitor Claire Powell said: “This is very simple. The 1996 update to the Civil Aviation Act means that criminal acts committed on board foreign flights bound for the UK can be prosecuted in the UK criminal courts.
“Our client suffered an 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 updates to the Civil Aviation Act.
“We are surprised that it is almost 30 years since the law was changed so that criminal offences committed on UK-bound flights can be prosecuted in the UK courts, yet still the rules governing eligibility for criminal injuries compensation have not been updated. It is a gap that needs closing urgently and we trust the Justice Secretary will agree, particularly in light of this government’s commitment to addressing violence against women and girls”.
A Ministry of Justice spokesperson said: “Our thoughts remain with this victim, and we remain resolute in our mission to halve violence against women and girls in a decade.
“The rules that the Criminal Injuries Compensation Authority follows, and the values of payments for injuries, are set by Parliament. Other routes are available for victims to receive support.”
