CRUISE SHIP RAPE & SEXUAL ASSAULT
If you or someone you know has been a victim of sexual assault or rape on a cruise ship, you are not alone. Cruise ship rape is a serious and underreported problem that occurs with such frequency Congress took action in 2010 to require cruise ship industry to better investigate, report and keep statistics. Victims face hurdles at sea because law enforcement agencies may not have jurisdiction in international waters and we have seen cruise lines impede investigations. This dark aspect of the cruise industry is a serious problem that affects passengers of all ages and backgrounds. The good news is that the applicable Maritime law allows for a cruise line to be held strictly liable if their own crew member rapes or sexually assaults a passenger. Additionally, a cruise line may also be liable for negligence when a passenger assaults another passenger depending on the circumstances. A cruise line may also be liable under the Jones Act if a crew member is the victim of rape or sexual assault. Bottom line — if you are raped or sexually assaulted while on a cruise in any of these situations, you are not a lone and there may be recourse.
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Understanding Cruise Ship Sexual Assault
Sexual assault is defined as any unwanted sexual contact or behavior that occurs without the consent of the victim. This can include a wide range of actions, from unwanted touching to rape. In the context of cruise ships, sexual assault can occur between passengers, between passengers and crew members, or even between crew members.
It is difficult to obtain accurate statistics on sexual assault on cruise ships due to underreporting and jurisdictional issues. (More than two out of three of all sexual assaults are not reported, according to the Rape, Abuse & Incest National Network). As it pertains to rape aboard cruise ships, the USA Today has reported a rise in sexual assault claims. There were 131 sex crimes reported to the Federal Bureau of Investigation in 2023 on ships embarking and disembarking in the United States, including 52 instances of sexual assault and 79 instances of rape. 98 of those instances were committed by passengers, while 27 were committed by crew members. Six were listed as being committed by “unknown” or “other.” Those numbers are up from 87 alleged sexual assaults in 2022, and 101 in 2019 before the COVID-19 pandemic shut the cruise industry down. There were another 82 in 2018. Available incident reports for those three years do not distinguish between sexual assault and rape.
The 2023 statistics are alarming to Perkins Law Offices’s cruise ship injury and sex assault lawyers because the number or sex assaults and rape is increasing rather than decreasing despite the lawsuits and claims against the cruise lines. This may be correlated to more passengers taking cruises. However, considering the the cruise line is strictly liable for its crew members and the rape cases are valued in the millions of dollars, one would think more efforts at prevention would be made by the cruise industry. A whopping 27.5% or rapes were committed by crew members in 2023. Therefore, had all those victims retained a cruise ship rape lawyer like Perkins Personal Injury Lawyers to take action, we are talking tens of millions of dollars in strict liability rape and sex assault claims that would be paid out.
Common Types of Sexual Assault
Sexual assault on cruise ships can take many forms, including groping, molestation, rape, and sexual harassment. In some cases, victims may be drugged or coerced into non-consensual sexual activity. These incidents can occur in various locations on the ship, such as cabins, common areas, or crew quarters.
Factors Contributing to Sexual Assault
Several factors contribute to the prevalence of sexual assault on cruise ships. One major factor is the consumption of alcohol, which can impair judgment and increase the likelihood of risky behavior. Also lack of supervision of teenagers seemingly contributes to dangerous situations. Parents let their guard down hoping to enjoy their vacations under the impression their kids are safe because they are restricted to the confines of the ship. But dangers still exist.
Additionally, the close quarters of a cruise ship can make it easier for perpetrators to isolate and target victims. This This is particualry in play due to the hierarchical structure of cruise ship crews that can create power dynamics that enable sexual misconduct among crew members.
Crew members who become victims may seek damages under the Jones Act, which is a special Maritime law specifically for seamen or women. “Maintenance and Cure” is the form of damages that can be sought by the crew member. It provides compensation for living expenses (maintenance) and medical treatment (cure) for injuries or illnesses that arise during the course of employment, regardless of fault. The employer is obligated to provide these benefits until the seaman reaches maximum medical improvement (MMI), and negligence or fault of the employer or seaman is not required for these benefits to be awarded.
A Jones Act case can be brought by Perkins Personal Injury Lawyers on behalf of a crew member who is injured or sexually assaulted.
Legal Framework for Cruise Ship Sexual Assault
Cruise ships operate in a unique legal environment governed by a combination of international maritime laws and regulations. One of the most important regulations is the International Convention for the Safety of Life at Sea (SOLAS), which sets out minimum safety standards for ships, including provisions related to passenger safety. However, SOLAS does not specifically address issues of sexual assault.
Instead, the legal framework for addressing sexual assault on cruise ships is may be governed by the laws of the country where the ship is registered, known as its flag state or even the laws of different countries depending on where the ship is located at the time of the incident. This can lead to jurisdictional issues and challenges.
But as it pertains to the major cruise lines that touch a United States port during the voyage, in particular out of one of Florida’s ports, Florida law likely governs. For victims who want to take legal action for rape or sex assault aboard a cruise ship, the best cruise ship injury lawyer to hire will be in Miami. This is because the sex assault or rape lawsuit typically must be filed in the United States District Court for the Southern District of Miami as required by the terms and conditions in the cruise ticket purchased for the voyage.
Jurisdictional Issues and Challenges
Jurisdictional issues are a major challenge in prosecuting cases of sexual assault on cruise ships. Because cruise ships operate in international waters, determining which country has jurisdiction over a particular case can be complex.
In many cases, the victim and the perpetrator may be from different countries, further complicating the criminal prosecution of the assailant. Additionally, cruise ships have their own risk management and legal teams. They may try to handle incidents of sexual assault internally, without involving local authorities. This can make it difficult for victims to seek justice through the legal system.
Given the hurdles surrounding the prosecution of cruise ship sexual assault or rape, it is crucial for victims to hire a Miami sexual assault lawyer like Perkins Personal Injury Lawyers as soon as possible. A lawyer with expertise in cruise ship sexual assault cases will be familiar with the relevant laws and regulations and can help victims navigate the legal process.
A Perkins Law Offices cruise ship sex assault lawyer will advocate for the victim’s rights and ensure that they receive the compensation they deserve for their injuries. If sexual assault on a cruise happened to you, a cruise ship lawyer at Perkins’ Miami injury law firm can increase your chances of obtaining justice and holding the cruise line accountable for its actions and those of its employees and management.
Steps to Take if You Are a Victim
If you’re a victim of sexual assault on a cruise ship, it is important to take immediate action to protect yourself and preserve evidence. First and foremost, ensure your safety by removing yourself from the situation if possible. Find a safe place and seek help from someone you trust. Then, take the following steps:
- Report the assault to cruise ship authorities. After ensuring your safety, report the assault to the cruise ship authorities as soon as possible. This may involve contacting the ship’s security team or the guest services desk. Be prepared to provide details of the incident, including the date, time, and location of the assault, as well as a description of the perpetrator if possible. HOWEVER, DO NOT TURN OVER ALL OF YOUR EVIDENCE WITHOUT AT LEAST MAKING COPIES OR SAVING A PORTION. For example, if you if you have photos or video or texts on your phone send them yourself or someone else. Take pictures of soiled or damaged clothes, etc. The cruise line may be careless or even intentional with crucial evidence. They have been known to confiscate evidence without authority, then withhold it or lose it.
- Seek medical attention as a way to preserve evidence. It is crucial to seek medical attention following a cruise ship sexual assault, even if you do not have visible injuries. A medical examination can document any injuries and collect evidence that may be useful in a legal case. For example, a rape kit should be performed. Do not shower, change clothes, or brush your teeth before seeking medical attention, as these actions can destroy valuable evidence.
- Other physical evidence: This may include clothing, bedding, drinks or other items that may contain DNA or drug evidence. Do not tamper with or disturb these items, as they may be useful in a criminal or civil investigation.
- Contact a sexual assault on a cruise attorney in Miami: Finally, it is important to immediately contact a lawyer who specializes in cruise ship sexual assault cases like Perkins Personal Injury Lawyers who have years of experience dealing with the cruise lines and rape and assault claims. Call or email us from the ship if you can. The sooner the better. We can advise you on what to do and will help you alert authorities.
Rights of Victims of Cruise Ship Sexual Assault
Victims of cruise ship sexual assault have the right to seek compensation for their medical expenses and emotional trauma. This may include:
- Reimbursement for medical bills
- Therapy costs
- Lost Income
- Compensation for pain and suffering
Victims of cruise ship sexual assault have the right to pursue legal action against both the cruise line and the perpetrator. In many cases, the cruise line may be held liable for failing to provide a safe environment for passengers or for the actions of its employees.
Additionally, victims may be able to pursue criminal charges against the perpetrator, depending on the circumstances of the assault.
Role of the Cruise Ship Injury Lawyer
A sexual assault on a cruise requires the victim to retain legal counsel to ensure adequate compensation from the cruise line. In Miami, a cruise ship rape lawyer plays a crucial role in protecting the rights of the victim. This starts with alerting authorities. Second, we can assist in collecting evidence and keeping the cruise line honest. We will advise the victim on their legal options and help them navigate the legal process. A cruise ship rape and sex assault lawyer will advocate for the victim’s rights and ensure that you will receive fair compensation the harm caused.
In addition to seeking compensation, cruise ship sexual assault lawyers try to help make cruising safer by bringing awareness to the issue of sex assault. Lawsuits for rape and sex assault against companies may result in changes to cruise ship policies or procedures to prevent future assaults and makes the the cruising public more aware of the danger lurking on cruise voyages that may not be expected.
Cruise Line Responsibilities in Ensuring Passenger Safety
- Security measures: Cruise lines should have adequate security measures in place, including surveillance cameras and security personnel, to deter and respond to incidents of sexual assault.
- Training for crew members: Crew members should receive training on how to prevent and respond to incidents of sexual assault, including how to support victims and preserve evidence.
- Clear policies and procedures: Cruise lines should have clear policies and procedures in place for reporting and investigating incidents of sexual assault, as well as providing support and assistance to victims.
- Collaboration with authorities: Cruise lines should cooperate fully with law enforcement authorities in the investigation and prosecution of sexual assault cases.
By victims and Perkins Personal Injury holding cruise lines accountable for passenger safety, we can work together to create a safer environment for everyone on board cruise ships.
Perkins Law Offices: Cruise Ship Sexual Assault Lawyers
Victims of cruise ship sexual assault on cruise ships have rights, including the right to compensation for medical expenses and emotional trauma, the right to pursue legal action against the cruise line and perpetrator, and the right to seek changes to cruise ship policies to prevent future assaults.
It is important for victims to take immediate action if they are assaulted, including reporting the assault to cruise ship authorities, seeking medical attention, and contacting a lawyer specializing in cruise ship sexual assault cases.
A Miami lawyer specializing in cruise ship sexual assault cases like Perkins Personal Injury Lawyers can hold the key to helping you get your life back. We sue the cruise lines responsible for negligence and the intentional acts of their employees. Reach out to our personal injury lawyers for a private and free case review today so you can know your rights.
If you or a loved one have experienced sexual assault, contact us!
Attorney Alex Perkins has been a Miami personal injury lawyer for 20 years and has handled just about every type of personal injury case. If you or a loved one was injured as a result of someone else’s negligent or intentional acts, call Attorney Alex Perkins at 305-741-5297 or email him at perkins@PerkinsLawOffices.com for a free confidential case review.
