Brit tourist violently raped on Sri Lankan holiday had pregnancy test to see if unborn baby’s father was husband or attacker
Senior judges in London ruled neither Kuoni nor the hotel could be blamed for the electrician's crime
A BRITISH tourist who was raped by an electrician at a luxury hotel in Sri Lanka had to have a pregnancy test to see if her attacker or her husband was the baby's father.
The woman, from Glasgow, also contracted an STD in the brutal attack and found out she was pregnant shortly after she arrived home.
She had been staying at the Sri Lanka's Club Bentota Hotel and had to have checks to make sure her unborn baby was her husband's.
The woman described how the man lured her into an engineering room in the hotel's grounds and held her by the throat as he violated her.
The woman, in her 30s, sued Kuoni Travel Ltd, the firm she booked the 2010 package tour to one of the island's most prestigious resorts.
But now senior judges in London have ruled that neither Kuoni nor the hotel could be blamed for the electrician's crime.
The Master of the Rolls, Sir Terence Etherton, said the attacker was of previous good character and no similar complaints had been made against him.
The hotel had taken up his references before employing him and neither Club Bentota nor Kuoni could have "foreseen or forestalled" the sex attack.
Describing her ordeal, the woman said she had packed a suitcase and left her hotel room after having an early hours row with her husband.
On her way to reception, she was accosted by the electrician, who had earlier asked the couple for a drink and a cigarette.
He offered to guide her on a faster route to reception through the grounds but instead lured her to the engineering room.
There, he tried to grab her bag before tightening his hands round her throat and forcing himself on her.
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She was too terrified to scream but, after getting away, she bumped into her husband who was looking for her.
Claiming £29,000 damages on her behalf, the woman's lawyers argued Kuoni should be held liable under package tour regulations.
But Sir Terence said the travel company had "no direct relationship" with the attacker, who was a hotel employee.
And the hotel had no reason to suppose from his past history that he might rape one of the guests.
Sir Terence concluded: "Although we have great sympathy for Mrs X in relation to her ordeal and its consequences...we would dismiss this appeal.
The Court of Appeal reached its decision by a majority, with one of the three judges saying that he would have upheld the woman's appeal.
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