CBS/AP/ February 11, 2009, 4:02 PM

Girl Flying Alone Allegedly Molested

FILE - In this May 4, 2011 file photo, composer John Kander attends the Tony Awards Meet the Nominees Press Reception in New York. Kander, who composed "Chicago" and "Cabaret" will be honored by the Dramatists Guild Fund on June 3, 2012 in New York. (AP Photo/Charles Sykes, file)

FILE - In this May 4, 2011 file photo, composer John Kander attends the Tony Awards Meet the Nominees Press Reception in New York. Kander, who composed "Chicago" and "Cabaret" will be honored by the Dramatists Guild Fund on June 3, 2012 in New York. (AP Photo/Charles Sykes, file) / Charles Sykes

The family of a 12-year-old Alabama girl has filed a lawsuit against Delta Air Lines after the child said a man sexually molested her on a flight from San Diego to Atlanta in January.

The girl was flying unaccompanied by an adult.

Savannah, Ga., lawyer Mark Tate, who represents the family, says Delta is responsible for some of the trauma the girl suffered because the airline is required by law to take extraordinary measures to ensure passengers' safety.

"No one is saying here that Delta is a dishonorable company or a poorly run airline," Tate said. "Mistakes can be made, and a mistake that shouldn't have been made caused a little girl to really be traumatized."

Tate says the girl - who is not named in the lawsuit - reported the assault to her mother when she got off the plane Jan. 6.

But authorities have filed no criminal charges and have not identified a suspect.

The alleged molester switched seats with the girl "so she could sit beside the window," and it's possible he switched seats with other passengers, too, Tate said.

The case likely will require identification by the girl rather than trying to match passenger names with seat assignments, he said.

The girl was returning from a visit to her father, a United States Marine scheduled to be deployed to Iraq.

On The Early Show Monday, the girl's mother, whose identity was concealed and who wasn't facing the camera, told co-anchor Hannah Storm, "(My daughter) expressed to me that she had been moved to first class, and I wanted to know exactly why, because I know that she was seated in the coach area. And she expressed to me that it was a guy on the plane with her, and he, he started to touch himself inappropriately while rubbing her face and her legs.

"Well, he started to rub her legs, and she asked him, 'What are you doing?' You know. And he stopped, and he removed his hand from her leg, and he went to the restroom, and he came back and he started it again, and once he started it again, I guess she was frightened, and she didn't say anything. I have no answers for the reason she didn't say anything, but ..."

The mother added that her daughter alerted a flight attendant to what was happening: "When she sat down in that seat, the flight attendant came around and served her the snacks, and that's when she expressed, while the guy was at the bathroom, she asked, could she be removed? And (the flight attendant) said, 'No, you'll be fine. I'll just check on you.' "

The girl's father, identified only by the name Eric when interviewed from San Diego, told Storm he was very upset and angry, adding, "A kid's flying on a plane, they should be with other kids or up front with stewardess supervision, but that wasn't the case. She ... shouldn't have been sitting by a grown man."

The parents say the girl had flown alone before, with no problems.

The mother reported the incident to police in Huntsville, Ala., and Atlanta and to the FBI, Tate said. Police in Atlanta and Huntsville are not investigating the charges, spokesmen for the departments said.

Spokesmen for the FBI offices in Atlanta and Birmingham - which oversee the Huntsville office - said their offices are not investigating the incident, either. The Birmingham office has no record of the mother's call, spokesman Paul Daymond said.

He also said that if any other FBI office were investigating the incident, his office would be aware, because they would be asked to do the interviews with the family.

Delta has special rules for keeping a close watch on children flying alone, an airline spokeswoman said. The airline is investigating the incident, said Delta spokeswoman Betsy Talton.

She declined further comment because of the pending litigation.

The suit was filed in Fulton County (Georgia) State Court.

The girl's mother is a 31-year-old property manager from Huntsville.
© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
52 Comments Add a Comment
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michellem99-2009 says:
Hey It sounded like yer kicked about cause yer female. That attenant on yer flight needed to have made the male move, they need to ban drinking booze/beer/wine on flights is it not drinking in public...
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oceanhexe says:
I had a similar incident a few years ago on a Lufthansa flight from Germany to Boston. A passenger next to me was intoxicated and started to rub my legs and feet with his feet. I tried to ward him off as best as I could since I did not want to cause a huge scene. Finally, when he was practically on top of me, I called for the flight attendants and asked that the guy be moved away from me. Instead I was the one who had to spend the next six hours in a jump seat while the scumbag now could enjoy my empty (and dearly paid for) seat as well. It seems flight attendants need adequate training in how to handle complaints of sexual harassment among passengers.
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gmond says:
Sounds like the parents are more interested in getting money than justice.
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polipoetical says:
This is a perfect example of American Justice. A Child gets Victimized once by the Pedophile, and then Numerous times by the Media and by Society at large. Perhaps this occurs so frequently due to the LARGE NUMBER of Pedophiles who have made the Laws and Punishments so Tiny that there is nothing to fear if and when they get caught and cannot pay off whomever caught them...

...All this can be averted, however, with the "Truth in America Clause"...
Treat Pedophiles Like unto Rabies Afflicted Dogs...and EutheniZe them on Sight....
And MILLIONS of children and their future offspring will Thank you....
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michellem99-2009 says:
They need to stop serving booze on the flights. If children are allowed to fly alone than the attedant need to know that and not seat them need to a funny uncle.
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thriller45-2009 says:
I am really disgusted with Hannah Storm. Her interview this morning with the mother and lawyer of the little girl who alledges she was molested on Delta airline this morning was awful! Her body language and approach were very uncaring. HAs she ever heard the word "compassion"?

I am growing to dislike her role on the show a it is. This was the capper. She needs to GO! CAn''t CBS find someone better?
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slim1h2o says:
slim1h2o : At 49 I agree with you, I did say at the time I thought he was pretty cool. I wouldn''''t do that myself, Especially in todays society.


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Posted by mo005 at 04:27 PM : Oct 15, 2007

Wished I could of respondeed to this post earleir, but when I was at that age, I thought that would be cool too! We''re about the same age, and I got drunk the first time with friends, at 15. Didn''t mean to insinuate that, you, would do anything like that yourself. But,, why was that guy giving a 13 yr old shots?
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michellem99-2009 says:
I am 53 and I have never travelled alone as I have a friend with me as I feel safer as a multi handicap person. Grown ups should KNOW to keep yer paws off another person if yer not that person''s sighted guide. Yer Never mess with children even if they look like adults and some do. PAWS OFF.
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likeitis5050 says:
And then if she had been bullied by another kid they would be in trouble for putting her next to kids. Bottom line, with all the power the airlines have now, I''m surprised they don''t have a ''no children fly without legal guardian'' rule, just for this reason. The parents basically want someone else to pay for them not taking better care of their own child. Typical of the ''not my fault'' society we live in and the bottom feeding lawyers just waiting for the call.
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mo005 says:
slim1h2o : At 49 I agree with you, I did say at the time I thought he was pretty cool. I wouldn''t do that myself, Especially in todays society.
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