Woman sues American Airlines for outrageous sexual assault on flight to New Jersey

A woman who says she was sexually assaulted on an American Airlines flight is now suing the company for "failing to promptly intervene when the assault occurred."

The lawsuit states that the woman, from New Jersey, fell asleep on a flight from Charlotte, North Carolina to Newark on August 26, 2022, when the gentleman climbed on top of her and placed a puffer jacket over the two of them.

"Shortly after takeoff, the flight attendant turned off the cabin lights, and Plaintiff closed her eyes to sleep," says the federal lawsuit, filed last week on August 20, according to The Independent. "Plaintiff awoke to find the Perpetrator's left arm inside her pants and his right hand forcing her hand onto his penis."

From The Independent:

After taking a seat between a friend and "an unknown male passenger," the woman settled in for the two-hour journey.

The stranger had covered the two of them with his black puffer jacket, and had "digitally penetrated her," according to the suit, describing the woman as having been frozen in "a state of shock and panic." …

"Plaintiff gathered the courage to push [the] Perpetrator away, at which point he quickly returned to his seat."

The attacker then tried to act normal, as if nothing had happened, by asking the woman if she would like some water, the suit continues. It says she quickly managed to wake her friend, who reported the alleged assault to a flight attendant. The woman was switched to a different seat for the remainder of the flight, according to the lawsuit.

The suit says American "owed a duty of care" to ensure the woman's safety during the flight, but "breached its duty of care by failing to properly monitor the cabin, failing to prevent the sexual assault, and failing to promptly intervene when the assault occurred."

With so many fellow passengers as potential witnesses, the brazen act seems outrageous, but according to the FBI, sexual assaults on airplanes is on the rise. From the FBI last April:

[T]he FBI is taking that opportunity to alert the public about a serious federal crime that is on the rise: sexual assault aboard aircraft. …

Crimes aboard aircraft fall within the FBI's jurisdiction, and in the case of in-flight sexual assaults, agents describe elements of these crimes as being strikingly similar. The attacks generally occur on long-haul flights when the cabin is dark. The victims are usually in middle or window seats, sleeping, and covered with a blanket or jacket. They report waking up to their seatmate's hands inside their clothing or underwear. Many passengers may consume alcohol or take prescription drugs to relax or sleep, and this can both lend a false sense of security and may tempt offenders who find these victims vulnerable. In addition, offenders are known to take advantage of the fact that some victims might not report an incident because they are embarrassed, don't want to cause a scene, or may try to convince themselves the assault was accidental. …

Passengers are encouraged to take the following precautions before and during a flight:

• If an incident happens, report it immediately to the flight crew and ask that they record the attacker's identity and report the incident. They can alert law enforcement, if necessary.
• Offenders will often test their victims, sometimes pretending to brush against them to see how they react or if they wake up. If such behavior occurs, establish boundaries, and consider asking to be moved to another seat.
• If your seatmate is a stranger, no matter how polite he or she may seem, keep the armrest between you down.
• If you are arranging for a child to fly unaccompanied, try to reserve an aisle seat so flight attendants can keep a closer watch on them. Minors are known targets.

"Flyers are urged to be aware of their surroundings and take precautions to stay safe including keeping the armrest down between you and your seatmate and requesting a seat change if the passenger next to you engages in behavior that makes you feel uncomfortable," said Mehtab Syed of the Los Angeles FBI office.

"Anyone who believes they have been sexually assaulted is encouraged to alert a member of the flight crew and contact the FBI at tips.fbi.gov or 1-800-CALL-FBI."

Previously: Judge orders airline to compensate passenger for rotten fish in his lost luggage