A woman who was sexually assaulted while sleeping on a flight to London is challenging UK government rules that disqualify her from a compensation scheme because the plane was not registered in Britain.
She was attacked on a Qatar Airways flight from Doha, Qatar, to Gatwick in September last year.
Momade Jussab, 66, of Feltham, was sitting next to her and put his hands down her trousers. He was arrested on arrival at Gatwick.
In May, he was handed a six-and-a-half-year prison sentence at Lewes crown court after being found guilty of one count of sexual assault by penetration and two counts of sexual assault.
His victim, who has maintained her anonymity and is referred to as Kelly, has been denied a payout through the criminal injuries compensation scheme because the incident happened on a plane that was not registered in Britain.
The law firm Leigh Day, which is representing Kelly, has written to the justice secretary, Shabana Mahmood, urging her to close what it believes is a gap in the law.
Kelly, who is in her 20s and from London, said: “I do not understand why I, and other victims like me, have been excluded from the CIC scheme.
“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.”
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.
Claire Powell, a solicitor at Leigh Day, said: “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.
“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.”
