The harrowing experience of a young woman, Kelly, who was sexually assaulted while onboard a Qatar Airways flight, has opened a discussion surrounding compensation for victims of such crimes. Kelly, 24, was returning to London Gatwick from a trip to Africa when she encountered a nightmare that would change her life. Tucked under a blanket, exhausted from her travels, she fell asleep only to be jolted awake by the unwanted advances of the man seated next to her. This traumatic encounter, which took place two hours before landing, involved the man pulling both of their blankets over him and assaulting her despite her pleas for him to stop.
The perpetrator, a 66-year-old named Momade Jussab, has been convicted and is presently serving a six-and-a-half-year prison sentence. However, the trauma from the incident has severely affected Kelly’s day-to-day life, inhibiting her from returning to social events and leaving her feeling anxious and fearful. She mentioned how she had to prematurely end her flight journey, leaving behind her belongings, and running to the toilets, where she informed flight attendants about the incident. This incident has left indelible scars on her psyche, compelling her to speak out about her ordeal for the first time while seeking justice, both in court and through the government’s Criminal Injuries Compensation Scheme (CICS).
Despite Jussab’s conviction, Kelly’s quest for compensation has encountered a significant roadblock. In April, her application for compensation under the CICS was declined, with the Criminal Injuries Compensation Authority (CICA) stating that the offense did not occur in a “relevant place” as defined under the scheme’s regulations. This designation directly stems from an outdated clause that stipulates an aircraft is only regarded as a relevant location if it is British-registered. Since the assault occurred on a Qatari-registered aircraft, Kelly became ineligible for government compensation, a conclusion that she and her lawyers deem fundamentally inequitable.
Kelly’s legal team from Leigh Day is advocating for a comprehensive review of the existing scheme to include situations like hers. They call for amendments in the legislative framework that governs the CICS, arguing there is a clear discrepancy in treatment between victims of sexual violence on British and foreign flights. The 1996 amendment to the Civil Aviation Act that permits prosecution of crimes on foreign planes bound for the UK coincides with the conviction of Jussab. Yet, victims like Kelly still find themselves without compensation, raising critical questions about the efficacy and fairness of current laws.
The Ministry of Justice (MOJ) has expressed its sympathies for Kelly’s situation but also emphasized their adherence to regulations determined by Parliament. They clarified that alternative support routes are available for victims, which might imply the need for systemic changes to better accommodate the needs of those affected by heinous crimes such as sexual assault, regardless of the registration of the aircraft involved.
In an effort to raise awareness, Kelly is now vocal about her experience, encouraging others, especially women, to remain vigilant and conscious of their surroundings while traveling. Her open discussion serves as a chilling reminder of the dangers that can lurk in seemingly safe spaces, urging the need for better protective measures for passengers aboard all flights.
The case has resonated powerfully within the public sphere, raising crucial concerns regarding victims’ rights and the adequacy of existing support systems. As Kelly continues her fight for just recompense, it is imperative that the relevant authorities reflect on the legal statutes governing compensation claims, ensuring that no survivor of sexual assault is denied justice due to bureaucratic technicalities.
