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Alleged sexual assault on AA redeye Jun 2017 - victim speaks, to sue AA

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Alleged sexual assault on AA redeye Jun 2017 - victim speaks, to sue AA

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Old Mar 16, 2018, 12:19 pm
  #31  
 
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Originally Posted by Voldoo
Is it really so cost prohibitive to install a few cameras on every plane? I'm actually surprised airlines don't do this voluntarily given all the potential incidents that can and do occur on a regular basis. Having some visual evidence in cases like these would certainly be helpful.
If I understand the (rather badly written) articles cited above correctly, the alleged incident occurred in the lavatory....
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Old Mar 16, 2018, 12:45 pm
  #32  
 
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Originally Posted by TravellingSalesman
If I understand the (rather badly written) articles cited above correctly, the alleged incident occurred in the lavatory....
The original Dallas Morning News article is much better written. I don't think there's any original reporting in the crappy YourTango piece--it's just regurgitating the DMN.

(And yes, it happened in the bathroom so there wouldn't be any video of the rape itself but presumably there would be of the guy following her in there--assuming such cameras were ever installed.)
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Old Mar 16, 2018, 1:32 pm
  #33  
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Originally Posted by mikeef
The victim doesn't know his name? Of course she doesn't. Was he supposed to say, "Hi, I'm Phil, and I'll be your rapist today."?

Yes, if AA served a visibly drunk man, they are responsible.

Mike
If the authorities were called to meet the victim in JFK, one would assume the assailant was also intercepted?
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Old Mar 16, 2018, 2:13 pm
  #34  
 
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Originally Posted by oliver2002
If the authorities were called to meet the victim in JFK, one would assume the assailant was also intercepted?
That doesn't mean the FBI shared his name with her.
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Old Mar 16, 2018, 3:52 pm
  #35  
 
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Originally Posted by oliver2002
If the authorities were called to meet the victim in JFK, one would assume the assailant was also intercepted?
From the article:

...she was interviewed by the FBI after being transported to the hospital. But the man she alleges assaulted her wasn’t apprehended at the gate
So no, and it's not even clear if the FBI has tried to identify the assailant.
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Old Mar 16, 2018, 4:03 pm
  #36  
 
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I’m not sure what more AW was supposed to do?

a) They mitigated by moving passengers apart in the air.

b) Authorities were notified and met the plane on arrival.


What more can they do? Seems like a pay me scheme. Complaint should be with the FBI, not AA.
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Old Mar 16, 2018, 7:42 pm
  #37  
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Originally Posted by oliver2002
Do rape victims sue the bar the rapist may have gone to before comitting the crime?
Actually, that is a common claim. In a car crash, the lawyers will determine the bar where the drunk driver had his/her last drink precisely because of the laws which impose liability on bars (and social hosts) which serve alcohol to obviously drunk people.
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Old Mar 16, 2018, 8:12 pm
  #38  
 
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Originally Posted by jordyn
Hmm, if only anyone in this thread had bothered to address this question before you arrived, it could have saved you so much mystery.

Oh...my bad...several people have already! I suggest you scroll back to the discussions about liability around serving alcohol.

But also, since flight attendants apparently prevent people from having consensual sex on airplanes on a regular basis, I don't it's a stretch to think they could also prevent non-consensual sex.
If that even happened at all.... apparently you are willing to assume guilt no matter what, even with it being severly fishy and not adding up all too well.
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Old Mar 16, 2018, 8:17 pm
  #39  
 
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If she went to the Hospital as reported, the ED should/would have done a rape kit. If a rape kit/exam was done and was positive, they have the male passengers names on the flight. If there was DNA, then ID of the perp should be pretty straight forward investigative work. Not rocket science, this sort of forensic work goes on daily. Some of the story is missing.
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Old Mar 16, 2018, 11:18 pm
  #40  
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Originally Posted by SpinOn2
Call me in insensitive, or whatever name you want, I call complete and utter BS on this until someone proves otherwise. No way are authorities going to just let a guy walk, who just raped a woman on board the a/c, Honestly, there is pretty much no chance you could rape someone in the tiny bathroom on an AA plane. All that and nobody else hearing? No way! Even a willing participant would be hard to do nowadays with how tiny these bathrooms are.

I am not saying she is completely full of crap, I do believe it's likely the man COULD have made unwanted advances to her, but this screams money cry to me. She knows good ole public opinion will have a field day, especially with the #metoo right now, and she knows AA will give her boatloads of money out of court to make it go away.

Just another frivolous lawsuit it seems, <redacted>

Originally Posted by oliver2002
Another report: https://www.yourtango.com/2018311679...airlines-fight

The story doesn't add up. So 'authorities' were called, but no one is being prosecuted? Or if he is, the rape victim doesn't know his name? And now AA is being sued for serving drinks?
Yeah, it's kind of a hobby of mine to try to understand these bizarre "bad airline" stories, but this one has me stumped. I could certainly believe an airline passenger could be "sexually assaulted" by another passenger (especially a drunk one), but raped? In a lavatory? The definition of rape is "unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim."

If a drunk guy pulled that off in an airplane lav, on an aircraft full of people, I will be amazed (and horrified).

I also see no evidence of any wrongdoing on the part of the airline after the incident was reported. They re-seated her and called the cops, who met the plane. If, for any reason, the police (seemingly the FBI) did not conduct a proper investigation at the airport, that's certainly not AA's fault.

Where AA might be liable, however, is if the "rapist" was served alcohol on the flight and became inebriated. I think we need to wait for more facts on this. These days, it would certainly be a bit unusual for a coach pax on a domestic flight to be served more than a couple of drinks (I guess he'd have to keep ringing his call bell). If that actually happened, and there's ANY truth to this woman's story, AA will probably have to write a check for more than $5000. More likely, if there really was a drunk predator, he was drunk before the flight and just got an additional round on the aircraft. That would be a more difficult (but nor impossible) fact pattern for the victim to recover on.

Last edited by JDiver; Mar 17, 2018 at 11:17 am Reason: Redacted previously deleted post content
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Old Mar 17, 2018, 9:46 am
  #41  
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Originally Posted by jordyn
Well, here's a clue to AA: when someone tells you they were raped on your plane, consider referring to the incident as something other than a "nuisance".
For a company to call a reported claim of rape at a company facility a "nuisance claim" is so bad on so many levels. Who was it at AA that said the report of a passenger rape on an AA flight was a "nuisance"/"nuisance claim"?
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Old Mar 17, 2018, 10:24 am
  #42  
 
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Originally Posted by thunderlounge
I’m not sure what more AW was supposed to do?

a) They mitigated by moving passengers apart in the air.

b) Authorities were notified and met the plane on arrival.


What more can they do? Seems like a pay me scheme. Complaint should be with the FBI, not AA.

Once the Space Force is up to speed, they'll be able to handle this stuff while the flight is at altitude.
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Old Mar 17, 2018, 10:55 am
  #43  
 
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Originally Posted by GUWonder
For a company to call a reported claim of rape at a company facility a "nuisance claim" is so bad on so many levels. Who was it at AA that said the report of a passenger rape on an AA flight was a "nuisance"/"nuisance claim"?


https://en.wikipedia.org/wiki/Nuisance

Again, they are not referring to the complainant as being a nuisance. They're referring to the legal definition of the type of complaint being presented.
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Old Mar 17, 2018, 11:28 am
  #44  
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Originally Posted by kb9522


https://en.wikipedia.org/wiki/Nuisance

Again, they are not referring to the complainant as being a nuisance. They're referring to the legal definition of the type of complaint being presented.
We'd have to know more about the apparent FBI investigation. I know people have claimed that the FBI doesn't take these cases "seriously enough," but that doesn't sound quite right to me. I'm inclined to believe that if an airline calls in an alleged sexual assault and the police meet that aircraft, a reasonable investigation is then undertaken. Since this incident is alleged to have happened last June, I think we can assume that the FBI did not find probable cause to arrest anyone. Whether that was a good call or a bad call, I have no idea. But in light of these facts, what is AA supposed to do for this woman? If you were in their legal dep't and she was suing your airline for an alleged sexual assault by a fellow passenger that the police found insufficient evidence of (and for which you had no additional information) what would you pay her? I would think $5000 (what would be considered in legal circles to be "nuisance value") would be appropriate. That and a sincere apology for anything unfortunate that happened on her flight.
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Old Mar 17, 2018, 11:50 am
  #45  
 
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Originally Posted by kb9522


https://en.wikipedia.org/wiki/Nuisance

Again, they are not referring to the complainant as being a nuisance. They're referring to the legal definition of the type of complaint being presented.
Just because there is a legal word in existence doesn't mean it's the right one under the circumstances. A nuisance is when someone plays loud music next door or otherwise prevents you from the peaceful enjoyment of your property. It's not when they assault you. So even if we completely disregard the non-legal meaning of the term, it's still a terrible response to characterize a rape as a nuisance.
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