Passenger on a flight subjected to sexual assault disputes UK regulations that bar her from receiving compensation
In a shocking turn of events, a woman named Kelly from London was sexually assaulted on a Qatar Airways flight from Doha to Gatwick last September. Despite the attacker, Momade Jussab, being arrested upon arrival at Gatwick and receiving a six-and-a-half-year prison sentence in May, Kelly was denied compensation through the Criminal Injuries Compensation Scheme (CICS) because the incident happened on a foreign flight.
The gap in the law regarding compensation for victims of crimes committed on foreign flights bound for the UK has come under scrutiny. Leigh Day solicitor Claire Powell is calling for this perceived gap to be closed, having written to Justice Secretary Shabana Mahmood urging her to amend the CICS in line with updates to the Civil Aviation Act.
The CICS is designed to compensate victims of crime of violence, including sexual offences, but its eligibility criteria are strictly limited. The crime must have occurred within the UK or on a UK-registered aircraft or ship for the CICS to apply. Victims must report the crime to the police promptly and cooperate with authorities, and there is usually a 2-year time limit from the date of the incident for making a claim, with some exceptions for cases involving sexual abuse or mental health issues.
Kelly, who is still suffering from the effects of the attack, wants to move forward with her life. However, the CICS's restrictions mean she may need to pursue compensation through the legal or compensation schemes of the country where the aircraft is registered or where the assault occurred.
The Ministry of Justice spokesperson acknowledges the situation, stating that the rules followed by the Criminal Injuries Compensation Authority and the values of payments for injuries are set by Parliament. The spokesperson expresses sympathy for the victim and reiterates the government's commitment to halving violence against women and girls.
This case highlights the need for a review of the CICS to ensure that victims of crimes like Kelly are fairly compensated, regardless of where the crime occurred. As Claire Powell rightly points out, the Civil Aviation Act was updated in 1996 to ensure criminal acts on foreign planes bound for the UK can be prosecuted in UK criminal courts. It is now time to update the CICS to reflect this change.
[1] Criminal Injuries Compensation Scheme (CICS) [2] Civil Aviation Act 1982 [3] Criminal Injuries Compensation Authority [4] Leigh Day
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