A MUM who said she was raped in an American Airlines plane toilet by a drunk passenger is suing the company after claiming they failed to protect her.

Aubrey Lane, 32, alleges a passenger followed her into the toilet and sexually assaulted her on a flight from Pheonix, Ariozna, to New York City in June 2017.

She claims the passenger was visibly drunk when he boarded the plane and staff continued to serve him six more drinks during the flight.

After she told staff about the alleged incident, she claims crew members simply moved her to the back of the plane.

Ms Lane, from Colorado, was rushed to hospital after the plane touched down in the Big Apple but her alleged attacker was not detained, Dallas News reports.

The airline originally dismissed her allegations as a “nuisance” complaint but she has now filed a lawsuit against the company after they offered her a $5,000 payout.

Her lawyers wrote: “Knowing the clear dangers of intoxication and the sexual assault threats, especially on red eye flights, American offered no protection to Aubrey Lane... despite the verbal warnings of Passenger 12C and the obvious obnoxious, aggressive, threatening and intoxicated behaviour of Passenger 12B."

American Airlines said they have not received the lawsuit but they will “thoroughly review” her claims.

Their statement said: “We want all of our customers to have a safe, positive travel experience with us and we are deeply troubled by any allegation of misconduct onboard our aircraft or at any of our facilities.

“If our crews discover or are told about any alleged illegal misconduct that may occur on the aircraft, law enforcement is contacted and will meet the aircraft upon arrival.

"In all cases of misconduct between two passengers, we will immediately separate them, and request law enforcement meet the aircraft, which is our standard protocol. It is up to law enforcement to determine what, if any criminal activity, took place."