Woman denied compensation following sexual assault on plane | BBC News

Key Concepts:

• Criminal Injuries Compensation Scheme (CICS)
• Sexual assault on an airplane
• Jurisdiction and applicable law (British vs. foreign airline)
• Two-tier justice system
• Civil Aviation Act of 1996
• Victim compensation and support

The Case of "Kelly" and the Criminal Injuries Compensation Scheme

A British woman, referred to as "Kelly" to protect her identity, is advocating for changes to the UK's Criminal Injuries Compensation Scheme (CICS) after being denied compensation for a sexual assault she experienced on a Qatar Airways flight from Doha to London Gatwick.

Details of the Assault and Legal Proceedings:

• Kelly was sexually assaulted while sleeping on the flight. The perpetrator, Mammad Jasab, 66, was sitting next to her.
• Jasab was convicted of sexual assault by penetration in a British court and is currently serving a 6.5-year prison sentence.

Rejection of Compensation Claim:

• Kelly's application for compensation under the CICS has been rejected twice.
• The reason given is that the assault occurred on a foreign airline (Qatar Airways).

The Legal Argument and Discrepancy:

• The current rules of the CICS stipulate that an aircraft is only considered a "relevant place" if it is British-controlled.
• Kelly's lawyers argue that this creates a "two-tier justice" system. If the assault had occurred on a British Airways flight under the same circumstances, she would be eligible for compensation.
• The lawyers find the situation unfair and unreasonable.

Government's Position:

• The government states that the rules and payment values of the CICS are determined by Parliament.
• They suggest that other avenues are available for victims to receive support.

The Civil Aviation Act of 1996:

• The Civil Aviation Act of 1996 was amended to allow for the prosecution of crimes committed on foreign airline flights traveling to the UK in UK criminal courts.
• Kelly argues that the CICS should reflect this change, ensuring that victims of crimes prosecuted in the UK are eligible for compensation regardless of the airline's nationality.

Kelly's Plea and Desired Outcome:

• Kelly states, "I just want to be compensated for what I've been through."
• She seeks professional help to cope with the trauma and wants to feel heard and validated.
• She has been significantly impacted by the assault, experiencing fear and social isolation. "I haven't been out in almost a year to events. summer parties with my friends. I can't do that. Too scared. Don't want to be touched."

Conclusion:

Kelly's case highlights a potential gap in the UK's CICS, where victims of crimes prosecuted in the UK may be denied compensation based solely on the nationality of the airline on which the crime occurred. Her advocacy aims to align the CICS with the Civil Aviation Act of 1996, ensuring fair and consistent support for all victims of crime within UK jurisdiction.