
Woman receives settlement following alleged sexual assault whilst on holiday in the Maldives
A woman has received a five-figure settlement from a tour operator after allegedly suffering a sexual assault by a hotel employee whilst on holiday in the Maldives.
Posted on 22 July 2024
In 2019, a woman who we have called Leah, was on a solo holiday at a luxury resort in the Maldives.
Two nights before the last night of her stay, Leah was getting ready for dinner. A hotel employee rang her hotel room doorbell and said that he was coming to turn down her room.
Leah claims that the employee came into her room and sexually assaulted her. Following the alleged assault, Leah reported the incident to the hotel manager and was told that there would be a full investigation.
She was also told that the employee would be fired, to forget about the incident, and to enjoy the rest of her evening. However, Leah later learned that the employee denied the accusations, resigned, and the local authorities had not been informed of the assault.
Following this incident, Leah said that she suffered adjustment disorder (a disorder where a person has difficulty coping with one or more significant and stressful life changes) an exacerbation of a pre-existing post-traumatic stress disorder (PTSD).
In 2020, Leah approached Leigh Day with her claim. As the holiday had been booked as a package arrangement, Leah was able to bring a civil claim against the English tour operator under the Package Travel, Package Holidays and Package Tours Regulations 1992 (now, ‘The Package Travel and Linked Travel Arrangements Regulations 2018’).
Leigh Day solicitors argued that Leah was exposed to a foreseeable danger of sexual assault and a foreseeable risk of injury during her package holiday supplied by an English tour operator.
Further, that the hotel breached local safety standards as they did not ensure that employees of the hotel were not a risk of perpetrating sexual assault and permitted her to be exposed to the sexual assault.
The tour operator denied liability for the incident and argued that engaging in physical contact with Leah would have been outside the scope of the employee’s contract and the scope of the package tour contract. Leigh Day disagreed and started proceedings against the tour operator.
Leigh Day took expert advice from a Maldivian lawyer who provided evidence on Maldivian law and practice in relation to recruitment and employment within the tourist industry. The lawyer also provided evidence on the acceptable practice and custom concerning conduct defined as a sexual offence.
Caitlin Wood, associate on the personal injury team, represented Leah and secured a five-figure settlement on her behalf. The settlement was agreed outside of court without admission of liability by the tour operator.
Caitlin Wood from Leigh Day said:
“This case highlights the importance of having an avenue for victims of sexual assaults to be able to bring a civil claim in the Court of England and Wales.
“When a sexual offence is perpetrated overseas, it is a confusing and distressing time for a victim. It is difficult to navigate a foreign criminal process and it can feel like you have little support in your home country.
“Criminal proceedings against a perpetrator may provide more of a sense of justice than a civil case, however a civil claim provides a useful avenue for someone to be held accountable for the incident. Damages in a civil claim are calculated to reflect the resulting injury from an assault, and also provide much needed financial support for victims.”