Sue Travel Companion for Assault?

[Jarred]

Under Criminal Law, if you are travelling and are assaulted by a travelling companion, can you sue them for legal costs for any surgery required when back in Australia?

 

[Sophea]

Hi Jarred,

If the assault occurred overseas, Australian criminal law generally won't apply as it cannot be enforced outside of this jurisdiction.

Secondly, criminal law generally does not entitle you to sue someone. You must resort to civil actions such as the tort of assault or trespass to person to get someone to pay compensation to you for your losses.

 

[Jarred]

Hi,

Thanks for your reply.

I was referring more to civil law rather than criminal law, but does the same apply as the offence occurred outside of Australia jurisdiction or can civil action be taken regardless or where it occurred, as I don't want to cop the costs for what happened as it was not my fault?

Thanks again,

Hi Jarred,

If the assault occurred overseas, Australian criminal law generally won't apply as it cannot be enforced outside of this jurisdiction.

Secondly, criminal law generally does not entitle you to sue someone. You must resort to civil actions such as the tort of assault or trespass to person to get someone to pay compensation to you for your losses.