Legal Battle Over Compensation for Sexual Assault Victim on Qatar Airways Flight
In This Article
HIGHLIGHTS
- Kelly, a UK citizen, was sexually assaulted on a Qatar Airways flight in September last year by Momade Jussab, who is now serving a six-and-a-half-year prison sentence.
- Kelly's application for compensation under the UK's Criminal Injuries Compensation Scheme was denied because the assault occurred on a non-UK registered plane.
- The law firm Leigh Day is challenging this decision, arguing that the rules should align with the Civil Aviation Act, which allows prosecution of crimes on foreign planes bound for the UK.
- Kelly and her legal team are urging the justice secretary to address this legal gap, emphasizing the government's commitment to reducing violence against women and girls.
- The Ministry of Justice acknowledges the situation but cites parliamentary rules governing compensation eligibility.
A UK woman, known as Kelly, is challenging the denial of her compensation claim following a sexual assault on a Qatar Airways flight from Doha to London Gatwick. The incident, which occurred in September last year, involved 66-year-old Momade Jussab, who was convicted and sentenced to six-and-a-half years in prison for the assault.
The Assault and Legal Proceedings
Kelly, whose name has been changed for privacy, was asleep on the flight when Jussab, seated next to her, assaulted her. She awoke to find his hands down her trousers, prompting her to flee to the restroom and alert the flight crew. Upon landing, Jussab was arrested and later found guilty of one count of sexual assault by penetration and two counts of sexual assault.
Compensation Denied Due to Legal Technicality
Despite the conviction, Kelly's application for compensation under the UK's Criminal Injuries Compensation Scheme (CICS) was rejected. The reason cited was that the assault took place on a plane not registered in the UK, a stipulation that disqualifies her from receiving compensation. This decision has sparked a legal challenge by Kelly's representatives, the law firm Leigh Day, who argue that the rules should reflect the Civil Aviation Act, which allows for the prosecution of crimes on foreign aircraft bound for the UK.
Calls for Legal Reform
Kelly, who continues to suffer from the psychological impact of the assault, expressed her frustration: "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." Her solicitor, Claire Powell, emphasized the urgency of closing this legal loophole, aligning it with the government's commitment to tackling violence against women and girls.
Government Response
A Ministry of Justice spokesperson acknowledged the victim's ordeal, stating, "Our thoughts remain with this victim, and we remain resolute in our mission to halve violence against women and girls in a decade." However, they noted that the compensation rules are set by parliament, suggesting that other support avenues are available for victims.
WHAT THIS MIGHT MEAN
The outcome of Kelly's legal challenge could set a precedent for future cases involving crimes on foreign-registered flights bound for the UK. If successful, it may prompt a revision of the Criminal Injuries Compensation Scheme to better align with the Civil Aviation Act, ensuring victims of such crimes are not excluded from compensation. This case also highlights the broader issue of legal loopholes that can hinder justice for victims, potentially influencing future legislative reforms aimed at protecting victims' rights. As the government continues its efforts to combat violence against women and girls, addressing these gaps could become a focal point in policy discussions.
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Legal Battle Over Compensation for Sexual Assault Victim on Qatar Airways Flight
In This Article
Sofia Romano| Published HIGHLIGHTS
- Kelly, a UK citizen, was sexually assaulted on a Qatar Airways flight in September last year by Momade Jussab, who is now serving a six-and-a-half-year prison sentence.
- Kelly's application for compensation under the UK's Criminal Injuries Compensation Scheme was denied because the assault occurred on a non-UK registered plane.
- The law firm Leigh Day is challenging this decision, arguing that the rules should align with the Civil Aviation Act, which allows prosecution of crimes on foreign planes bound for the UK.
- Kelly and her legal team are urging the justice secretary to address this legal gap, emphasizing the government's commitment to reducing violence against women and girls.
- The Ministry of Justice acknowledges the situation but cites parliamentary rules governing compensation eligibility.
A UK woman, known as Kelly, is challenging the denial of her compensation claim following a sexual assault on a Qatar Airways flight from Doha to London Gatwick. The incident, which occurred in September last year, involved 66-year-old Momade Jussab, who was convicted and sentenced to six-and-a-half years in prison for the assault.
The Assault and Legal Proceedings
Kelly, whose name has been changed for privacy, was asleep on the flight when Jussab, seated next to her, assaulted her. She awoke to find his hands down her trousers, prompting her to flee to the restroom and alert the flight crew. Upon landing, Jussab was arrested and later found guilty of one count of sexual assault by penetration and two counts of sexual assault.
Compensation Denied Due to Legal Technicality
Despite the conviction, Kelly's application for compensation under the UK's Criminal Injuries Compensation Scheme (CICS) was rejected. The reason cited was that the assault took place on a plane not registered in the UK, a stipulation that disqualifies her from receiving compensation. This decision has sparked a legal challenge by Kelly's representatives, the law firm Leigh Day, who argue that the rules should reflect the Civil Aviation Act, which allows for the prosecution of crimes on foreign aircraft bound for the UK.
Calls for Legal Reform
Kelly, who continues to suffer from the psychological impact of the assault, expressed her frustration: "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." Her solicitor, Claire Powell, emphasized the urgency of closing this legal loophole, aligning it with the government's commitment to tackling violence against women and girls.
Government Response
A Ministry of Justice spokesperson acknowledged the victim's ordeal, stating, "Our thoughts remain with this victim, and we remain resolute in our mission to halve violence against women and girls in a decade." However, they noted that the compensation rules are set by parliament, suggesting that other support avenues are available for victims.
WHAT THIS MIGHT MEAN
The outcome of Kelly's legal challenge could set a precedent for future cases involving crimes on foreign-registered flights bound for the UK. If successful, it may prompt a revision of the Criminal Injuries Compensation Scheme to better align with the Civil Aviation Act, ensuring victims of such crimes are not excluded from compensation. This case also highlights the broader issue of legal loopholes that can hinder justice for victims, potentially influencing future legislative reforms aimed at protecting victims' rights. As the government continues its efforts to combat violence against women and girls, addressing these gaps could become a focal point in policy discussions.
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