For many, a holiday abroad is a time of rest, joy, and escape. But for some, that experience is shattered by the trauma of sexual assault, especially when the perpetrator is someone entrusted with your safety, such as a member of the hotel staff. If this has happened to you, you may be left wondering: Can I claim compensation? Where do I even begin?
At Ison Harrison, we understand how overwhelming this situation can be. This article explains your potential legal options, including whether you can claim through the Criminal Injuries Compensation Authority (CICA) and whether a civil claim against the hotel may be possible under the principle of vicarious liability.
Understanding the CICA Scheme – And Its Limits
The Criminal Injuries Compensation Authority (CICA) is a government-funded scheme that provides financial compensation to victims of violent crime in England, Scotland, and Wales. It is designed to recognise the harm suffered by victims and help them move forward.
However, the CICA scheme has strict eligibility criteria, and one of the most important is location. The scheme generally only covers incidents that occur within Great Britain
So, what if the assault happened abroad?
Unfortunately, if the assault occurred outside the UK, CICA compensation is usually not available, even if you are a UK resident. There are very limited exceptions, such as if the assault was committed by a UK national and prosecuted in the UK, or if you were working abroad for the UK government or armed forces at the time
This means that for most victims of sexual assault abroad, CICA is not the route to compensation. But that does not mean you are without options.
Civil Claims: Holding the Hotel Accountable
If you were assaulted by a hotel employee, you may be able to bring a civil claim for compensation against the hotel itself. This is based on the legal principle of vicarious liability, where an employer can be held responsible for the wrongful acts of its employees if those acts are closely connected to their employment.
What does this mean in practice?
Let’s say a hotel cleaner used their access to your room to commit the assault. Or a member of the entertainment staff assaulted you during a hotel-organised event. In such cases, the hotel may be held vicariously liable for the actions of its employee.
To succeed in a civil claim, we would need to show:
- The staff member was acting in the course of their employment when the assault occurred.
- The hotel had a duty of care to protect guests and failed in that duty—perhaps by failing to vet staff properly, ignoring complaints, or not providing adequate security.
- The assault caused you physical, emotional, or psychological harm.
If the hotel is part of a UK-based chain or has a UK presence, a civil claim may be brought in the UK courts. Where this isn’t possible, we can advise on legal options in the country where the assault occurred.
However, if your holiday was booked as a package through a UK tour operator, the Package Travel Regulations 2018, supported by the Association of British Travel Agents (ABTA), may offer another route to compensation. These rules require UK travel organisers to ensure all parts of the holiday are delivered with reasonable care. If a hotel employee commits a criminal act while performing their duties, this may breach the contract. Following the Supreme Court’s decision in X v Kuoni, UK tour operators can be held liable for such incidents, even if they occur abroad. At Ison Harrison, we can assess whether your holiday falls under these regulations and advise on pursuing a claim against the tour operator where the hotel itself is outside UK jurisdiction.
Why Choose Ison Harrison?
At Ison Harrison, we have a long-standing reputation for supporting victims of sexual assault with compassion, discretion, and determination. We understand the courage it takes to come forward, and we are here to guide you every step of the way.
Our team offers:
- Free, confidential consultations
- Specialist legal advice on both CICA and civil claims
- No-win, no-fee representation in appropriate cases
- Support with police reporting, evidence gathering, and medical assessments
- A trauma-informed approach that puts your wellbeing first
We don’t just handle claims—we help people rebuild their lives.
What Should You Do Next?
If you’ve been sexually assaulted abroad by a hotel staff member, here’s what we recommend:
- Report the incident to the local police and request a copy of the report.
- Seek medical attention and emotional support—your health and safety come first.
- Keep any evidence, including hotel correspondence, witness details, or travel documents.
- Contact Ison Harrison for expert legal advice on your options.
You Are Not Alone – Let Us Help You Seek Justice
Sexual assault is never your fault. And even if it happened abroad, you may still have a path to justice and compensation. At Ison Harrison, we are here to listen, advise, and act on your behalf.
Call us today on 0113 284 5000
Email: [email protected]