A woman who was sexually assaulted as she slept on a flight from Doha to London is preparing a legal challenge against the government after she was denied compensation.
The victim, a Londoner in her 20s, was preyed on by 66-year-old Momade Jussab as they sat next to each other on the flight bound for Gatwick airport in September last year.
Jussab, from Feltham in west London, leant over when the cabin lights had been switched off, and put his hands down the woman’s trousers.
He arrested when the plane landed at Gatwick, and in May he was jailed for six-and-a-half years at Lewes crown court for sexual assault by penetration and two counts of sexual assault.
The victim, who has automatic anonymity and is referred to in legal proceedings as Kelly, applied for compensation through the criminal injuries compensation scheme (CIC).
But she has been told that she cannot have a payout because the incident happened on a plane that was not registered in Britain.
She has now hired lawyers from Leigh Day to pursue a legal challenge to the decision, starting with a letter to Justice Secretary Shabana Mahmood highlighting a perceived fairness gap in the law.
“I do not understand why I, and other victims like me, have been excluded from the CIC Scheme”, said Kelly.
“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.
“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 to allow me and other victims like me, access to compensation and closure to the crimes we have suffered.
The Civil Aviation Act was amended in 1996 so that crimes committed on board on foreign planes bound for the UK could be prosecuted by UK law enforcement.
But the compensation scheme does not match the criminal justice standard, said Claire Powell, a solicitor at Leigh Day.
“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”, she said.
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.”
