Can you claim compensation if you are sexually assaulted by a hotel employee on holiday?

Although flight only and Airbnb holidays are now hugely popular, the last available figures from ABTA confirm that even now approximately 20% of people have booked a package holiday over the last 12 months with an average of 1.7 trips abroad per person. That is a significant number of people. 

The planning, booking, looking forward to and actually going away on holiday is exciting for everyone and the potential dangers are not usually on holidaymaker’s minds. Unfortunately, it is not uncommon for holidaymakers from England and Wales to be sexually abused when on holiday abroad. A 2012 European study concluded that tourists are 8 times more likely to be raped whilst on holiday that they are at home. 

What rights does the survivor of the abuse have to claim compensation?

The Criminal Injuries Compensation Authority (CICA) does not cover incidents of sexual abuse that occur outside the UK.

Assaults abroad are generally dealt with under that countries jurisdiction with a very different legal system which can make claiming compensation there very difficult.

It is possible to pursue a claim against an individual abuser living and working in a foreign jurisdiction. There would however be some obvious concerns about such a claim and the means of the abuser to meet any judgement. 

It would also be possible to pursue an action against a hotel based in a foreign jurisdiction. It would in theory be a more attractive option than a claim against an individual abuser. It would however be necessary to prove that the hotel was liable for the acts of their employee which may be difficult under the laws of a foreign jurisdiction.     

Claiming from Tour Operators

The Package Travel, Package Holidays and Package Tour Regulations were introduced in 1992 to provide legal protection for consumers in the UK so they could book and enjoy package holidays with confidence. They are built on a long history of providing protection to holidaymakers which started with ATOL in the early 1970’s. The regulations were updated in 2018 and under the regulations the package tour operator is liable for the performance of the travel services included in the package even if those services are performed by third parties. 

It is now an established law under those regulations that UK holidaymakers can claim compensation from UK tour operators rather than pursuing complex, expensive and uncertain actions against individuals or hotels in foreign jurisdictions. The claim is pursued as a breach of contract claim, and it is not necessary to prove that either the hotel or package tour operator have been negligent. 

In the age where hotels are often effectively huge complexes employing hundreds of people, unfortunately people are on occasion sexually assaulted by employees of the hotel. A claim for compensation can be made in those circumstances.  

But what about other situations? 

A claim could still be made under the regulations if the assault occurred on a pre-booked excursion which was inclusive of the package holiday price. It would not however apply to excursions booked privately as the package tour operator has not acted as an agent for an undisclosed principal.  

The onus would however still be on the claimant to prove the assault and any physical and psychiatric injuries suffered as a result of the assault. 

Reporting to the police

A report of the sexual assault to the police would obviously assist in proving the assault. However, there may be limited knowledge of where to go for help and how to report an incident of sexual abuse. There may also be language barriers which stop the survivor from communicating effectively with local authorities and from getting medical attention. The survivors of abuse are sometimes discouraged even by hotels and package tour operators from reporting the abuse to the authorities.  The survivor may also be too traumatised to cope with police and legal procedures, and cultural differences can affect how a report of sexual assault is dealt with.

Reporting to the Hotel

A report of the assault to the hotel and/or the package tour operator would assist. The British Embassy and the Foreign, Commonwealth & Development Office can and will provide support and assistance and the latter has very helpful information of their website. Finally, treatment records would also help prove the assault. 

The problems of a foreign jurisdiction are therefore not a barrier to justice providing the tour operator can be held liable under the regulations. We would be happy to advise you of the merits of a potential claim.