Sexual assault compensation claim following an attack on a package holiday
Sexual abuse law specialist Elizabeth Duncan recently secured a settlement for a client who was seriously sexually assaulted while on a package holiday abroad.
The assault
Our client, who we shall call F to protect her privacy, traveled overseas with her family on a package holiday booked through a well-known tour operator. The family was looking forward to a relaxing break together in Turkey, but sadly, events took a very distressing turn.
During the holiday, a member of the hotel staff developed a friendly rapport with F and later encouraged her to join a bar-crawl excursion. He reassured both F and her family that she would be safely returned to the hotel afterwards. However, after returning to the hotel, the staff member persuaded F to enter the building via an alternative route on the pretext of getting a drink. Instead, he took her to his room, where she was sexually assaulted.
F reported the assault immediately to both the police and hotel management and was required to navigate the complexities of the local legal process before returning home early to the UK. Although the perpetrator was not convicted in the overseas criminal proceedings, F later contacted our specialist abuse compensation team to explore whether a civil compensation claim could still be brought.
The successful legal action
Elizabeth reviewed the circumstances carefully and advised that a claim could be pursued against the tour operator under the Package Travel Regulations, which allow compensation claims relating to package holidays to be brought in the courts of England and Wales rather than overseas. This meant F could seek accountability and redress within a more familiar legal system.
The claim was strongly contested. The Defendant argued that the assault fell outside the scope of the package holiday arrangements and also denied that the perpetrator was acting as their employee. Elizabeth and her team carried out detailed investigations to establish both the staff member’s employment status and the connection between the assault and the package holiday services being provided at the hotel.
A specialist barrister was instructed, and following further legal challenge, the Defendant ultimately agreed to settle the claim out of court.
This result provided F with recognition of what had happened to her and avoided the need for further court proceedings.
How we can help if you wish to make a claim for sexual assault on holiday
We specialise in sex abuse cases and are ranked the top legal firm in the UK for sex abuse compensation claims by the independent legal review website, ReviewSolicitors, ahead of more than 900 competitor firms*.
If you or a member of your family has experienced sexual assault while on a package holiday abroad, our friendly team can advise you on whether a claim can be brought in England or Wales. We offer free and confidential initial advice, and in appropriate cases we can act on a No Win, No Fee basis.
Call us on 0333 888 0445 for a confidential chat, or send us an email.