Overview

In-Flight Sexual Assault and Sexual Misconduct on Airplanes

Passengers of commercial airlines can experience sexual abuse or sexual misconduct from other passengers, flight attendants or pilots during their time in the air. In-flight sexual assault cases saw a significant uptick starting in 2021, during COVID. The Federal Bureau of Investigation (FBI) has reported that “compared with a typical year, 2021 saw a tenfold spike in reported complaints to the Federal Aviation Administration (FAA) regarding unruly and dangerous passenger behavior on airplanes.”

While sexual assault and sexual misconduct perpetrators typically know their victims, according to the Centers for Disease Control and Prevention, in-flight abuse is mainly perpetrated by male passengers or flight crew who are strangers to their victims.

What steps should I take if I experience or witness a sexual assault during a flight?

It is not uncommon for victims of sexual assault to experience shock, confusion, or even temporary paralysis in the moment. Research shows that survivors often freeze or shut down as an involuntary trauma response. If you are able, and it feels safe and feasible to do so, consider taking steps to protect yourself and advocate for your safety:

  • Try to get away from the offender, even if it means asking to change seats.
  • Alert the flight crew as soon as possible.
  • Document what you can—take pictures, record audio (if legally permitted), write down what happened, and note any time, witnesses' locations and names.
  • File a police report with the responding local agency and the FBI, which has jurisdiction over crimes committed in the air.
  • Seek medical attention, including support for emotional trauma. You can call or chat with the RAINN hotline (1-800-656-HOPE) 24/7 for confidential assistance and resources.
  • Report the incident to the airline in writing. Ask for an incident report and save all communication.
  • Contact a sexual abuse attorney who can help you understand your rights, preserve evidence and pursue legal options.

Even if you cannot take all these steps immediately, know that your response is valid and help is available when you are ready.

What steps can airlines take to prevent sexual assault on flights?

Airlines are responsible for protecting passengers and implementing proactive measures to prevent sexual misconduct in flight. These steps include:

  • Promptly notify law enforcement—including the FBI—of all reports of sexual misconduct by passengers or staff, as required by law.
  • Restrict travel privileges for known offenders, including preventing them from booking strategic seats (such as middle seats next to solo travelers) that could enable misconduct.
  • Implement comprehensive training for flight attendants and crew on recognizing, preventing, and responding to sexual assault, with special attention to overnight or "red eye" flights when lights are dimmed and visibility is reduced.
  • Allow passengers to easily change seats if they feel uncomfortable or unsafe, without incurring excessive fees or facing administrative hurdles, especially when the plane is not full.
  • Ensure passengers can sit with family or friends without incurring extra costs if open seating is available, reducing the risk of being isolated next to strangers.
  • Immediately relocate any passenger away from an offender upon request and ensure that the victim is supported discreetly, without burdening them with questions during the flight.
  • Permanently ban individuals found to have engaged in sexual misconduct from flying with the airline again.
  • Create transparent, clear, accessible and discreet reporting procedures for passengers who experience or witness misconduct.

By adopting these policies, airlines can help deter misconduct, create safer environments for all travelers, and support survivors in the event of an incident.

What are the legal options for victims of in-flight sexual assault?

Who has criminal jurisdiction over in-flight sexual assaults?

The FBI is the law enforcement agency that investigates cases of abuse in the air, in addition to state, county or local agencies, in cases of violations of state civil rights laws. The FBI will investigate the incident in conjunction with federal prosecutors from the departure or arrival locations. After the investigation has concluded, the U.S. Attorney’s office will determine whether to prosecute the alleged sexual assault in federal court.

What are the legal consequences of sexual assault on an airplane?

Sexual misconduct by airline passengers or airline staff that happens on flights could result in criminal convictions with a maximum sentence of up to life in prison, if the conduct included aggravated sexual abuse or sexual abuse under federal law, as outlined in 18 U.S. Code § 2241 and 2242 and defined by 18 U.S. Code § 2246.

Federal law separates sexual abuse into two categories: sexual contact and sexual acts. Sexual contact includes actions like groping, unwanted touching, etc., while sexual acts involve penetration or oral sex. The penalties vary depending on the severity of the perpetrator’s conduct and the victim’s age.  

Perpetrators of sexual abuse on planes can also violate state civil rights laws, such as California’s Bane Act, or federal civil rights laws. The 2022 reauthorization of the Violence Against Women Act allows the federal government to seek felonies and expanded penalties for federal civil rights violations involving sexual misconduct under 18 U.S.C. § 250. Additional factors may lead to breaches of hate crimes provisions of federal laws, such as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (18 U.S. Code § 249), which includes protections against gender and sexuality-based violence.

Can I file a civil lawsuit to seek compensation?

Victims of in-flight sexual assault and sexual misconduct can pursue justice through civil court, in addition to criminal charges for their abuser. Negligence, fraudulent concealment, intentional infliction of emotional distress and other failures to protect passengers open airlines up to lawsuits, in addition to the abusers themselves. Airlines have a duty of care to provide a safe environment for all their passengers on every flight.

Contacting an experienced sexual abuse attorney can help you determine what the best options are for you or a loved one who has experienced in-flight sexual assault or sexual misconduct.

Your sexual abuse claim

With headquarters in Chicago, the sexual abuse and aviation attorneys at Romanucci & Blandin know the damage caused by these situations can also include missed work and loss of income, medical bills for treatment, therapy, or counseling, and more. Further, trauma response could include the inability to fly again, which can impact professional and personal lives. The attorneys at Romanucci & Blandin are skilled at navigating these sensitive cases and securing justice for victims.

At Romanucci & Blandin, our approach to sexual abuse claims is to hold an individual or institution financially accountable and responsible for the economic, physical and emotional damages that have occurred. We also seek to make substantive, lasting changes in laws and regulations to prevent these events from happening in the future.

Our law firm has a team of attorneys and staff with years of experience in sexual abuse and aviation litigation. Our sexual abuse legal team includes partners who guide the process and share their deep knowledge of these types of lawsuits. Each client and each situation is different, and your claim is treated with great care and respect as the team investigates what happened and determines the best path to justice for you.

We know exactly what to do to litigate your sexual abuse case. We will obtain all necessary background information on the abuser and, if appropriate, any institution or business involved. We find the records, interview witnesses, utilize experts and prepare thoroughly and meticulously for your case. Ultimately, we aim to secure the maximum compensation possible, allowing you to move forward with your life.

At Romanucci & Blandin, our sexual abuse and aviation attorneys research the most up-to-date sexual misconduct laws and hire trained and experienced sexual assault and aviation experts to work as expert witnesses and consultants on your cases. We will evaluate your injury and claim and research the statute of limitations applicable to your case. We work to identify and utilize the best experts in all relevant federal and state laws nationwide.

Experienced attorneys delivering justice against sexual abusers, airlines and airplane manufacturers

The results we have achieved in many sexual abuse and aviation cases are a testament to our team’s fierce dedication to clients. While every case is different, we have secured verdicts and settlements that are hundreds of thousands of dollars or more than a million dollars for victims of this type of abuse.

 The following examples of our results in verdicts at trial and case settlements speak for themselves:

From abuse by a passenger or flight crew to wrongful death cases in aviation accidents, our team knows how the system works, how insurance companies and airlines operate, and what judges, juries or mediators need to see to understand your claim.

Free consultation on your case with Chicago-based sexual assault and aviation lawyers

The sexual abuse and aviation attorneys at Romanucci & Blandin have proven success in these types of cases. If you or a loved one has suffered injury or wrongful death, please contact our office at 312-458-1000 or click here for a free case evaluation. There is never a fee until you are compensated for your injuries at the end of the case. 

Disclaimer: The content found on this page is not legal assistance and contacting the sexual abuse and aviation lawyers at Romanucci & Blandin’s law office for a free consultation regarding personal injury cases and sexual abuse and aviation claims does not constitute an attorney-client relationship.

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