Cruise Passenger Raped by Crew Member
When a crew member sexually assaults or rapes a passenger on the ship or even off the ship on an excursion or while in port, the cruise line can be held strictly liable for that incident as set forth Doe v. Celebrity Cruise, Inc., 394 F.3d 891 (11thCir. 2004). Strict liability for rape or sexual assault on a cruise means that the cruise line is deemed responsible for the crew members conduct regardless of whether the cruise line was negligent or could have prevented it. This makes proving liability against the cruise line much easier than in ordinary circumstances on land. The victim need not prove the cruise line knew or should have known of the dangerous propensity of the perpetrator(s) or that the cruise line otherwise created a dangerous environment or could have prevented the incident. If the victim’s lawyer can simply show the nonconsenting incident was indeed perpetrated by an employee of the cruise line, the cruise line will be held strictly liable for the criminal acts of that employee.
Essentially, the courts have handed down law that the cruise lines must ensure passengers are safe from violent criminal acts on cruises. The rationale is that cruise lines are deemed common carriers. As a common carrier, the cruise line owes a duty of protection and safe transport to its passengers, and thus is strictly liable for crew member assaults on passengers. This heightened duty arises based on the contractual relationship formed by the ticket contract between the passenger and the cruise line. This higher duty of care for a cruise line as a common carrier was set forth back in in 1988 in a case called Muratore v. M/S Scotia Prince, 845 F.2d 347 (1st Cir. 1988). It held that a “maritime carrier has an ‘unconditional responsibility for the misconduct of its people toward its passengers.” Muratore, 656 F. Supp. at 479 (citing G. Gilmore C. Black, Jr., The Law of Admiralty, Sect. 1-10 at 23 n. 77 (2d ed. 1975)). See, e.g., Avera v. Florida Towing Corp., 322 F.2d 155 (5th Cir. 1963); Farmer v. O/S Fluffy D., 220 F. Supp. 917 (S.D.Tex. 1963)
Cruise Passenger Raped by Another Passenger
A cruise line can also be held liable for ordinary negligence in a situation where its actions create conditions that result in a rape or sex assault of a passenger by another passenger. Where an attack on a passenger is carried out by a non-crewmember, such as a criminal intruder or a fellow passenger, courts apply the standard of ordinary care under the circumstances to determine whether the cruise line should be held liable. Under this standard, “a party may be liable in negligence for intervening criminal acts if the acts are foreseeable.” Carlisle v. Ulysses Line Ltd., S.A., 475 So. 2d 248 (Fla. 3d DCA 1985)
Crew Member Raped or Sexually Assaulted
Liability also exists against a cruise line when a crew member is raped or sexually assaulted by another crew member (or even a passenger potentially). This liability stems from a federal maritime law called the Jones Act. The Jones Act was enacted to protect crew members and offers legal recourse to those who are injured or experience harm while employed on maritime vessels, including cruise ships. This law covers physical injuries as well as cases of assault, including rape or sexual assault. Under the Jones Act, an injured crew member has the right to seek compensation for damages from their employer, particularly if the incident resulted from employer negligence or unseaworthiness of the vessel. The concept of “unseaworthiness” extends beyond physical safety; it also includes the ship’s conditions, such as the crew’s conduct, which could lead to harmful situations.
In cases of sexual assault, the Jones Act provides the crew member with claims for “maintenance and cure”—a form of compensation for living expenses and medical treatment necessary for recovery. The employer is obligated to provide these benefits until the crew member reaches maximum medical improvement. Additionally, the unseaworthiness claim may apply if the employer failed to provide a safe working environment or knowingly employed individuals prone to dangerous behavior, leading to assault. A successful claim can result in damages covering medical expenses, lost wages, and compensation for emotional trauma. Under the Jones Act, damages for a sexual assault case can be significant due to the severe impact of such assaults on the victim’s mental and emotional well-being. Compensation may cover ongoing therapy, emotional distress, loss of earning capacity. A Miami cruise ship injury lawyer like Alex Perkins, Esq. of Perkins Law Offices represents victims of sexual assault against the cruise lines.
What Should I do If I was Raped on a Cruise: Miami Lawyer for a Rape and Sex Assault Aboard a Cruise Ship
Cruise Ship Rape and Sexual Assault: Alarming Statistics
The scourge of rape and sexual assaults that occur on cruise voyages both topside involving passengers, and below deck involving crew members, is something the cruise industry wants to keep secret. The number of rapes and sex assault is actually staggering given that this type of crime is known to be under reported by victims and considering such statistics have only just recently started being kept due to the passage of the Cruise Vessel Security and Safety Act (CVSSA) in 2010. Prior to the passage of the act, reporting was essentially voluntary for the cruise lines. Of course, this secrecy led to shady practices by cruise operators wanting to reduce exposure to lawsuits and their business reputation.
The CVSSA was intended to provide public access to information about crime aboard cruise ships, provisions for emergency medical treatment, and crime prevention and criminal evidence gathering. In addition to rape and sex assaults being underreported due to victims often feeling ashamed or embarrassed, the is limited in that it only applies to ships with at least 250 passengers (that is not engaged in a coastwise voyage) and that embarks or disembarks passengers in the United States. Unfortunately, if your cruise doesn’t touch a US port, there is no requirement for cruise operators to report sex crimes and other incidents. In other words, there is no incentive for cruise lines to do the right thing and investigate transparently.
In passing the CVSSA, Congress found that incidents like rape, sexual assault and the disappearance of passengers at sea, have occurred with frequency and that passengers have no warnings from the cruise industry of the dangers posed to them. Congress found passengers lack adequate understanding of their vulnerability to crime on board cruise vessels, that inadequate resources are available to assist cruise vessel crime victims, and that detecting and investigating cruise vessel crimes is difficult. While the CVSSA was a good start, there is a lot left to be desired.
As stated above, many cruise ship injury and rape cases against the major cruise lines must be filed in federal court here in Miami where Perkins Law Offices is located. This is in the terms and conditions in the cruise ticket. The cruise lines designed their ticket terms to require suit in Miami in federal court because they are headquartered here and it is more convenient for them to be sued here rather than being hauled into courts all over the country.
Perkins Law Offices handles cruise ship rape and sexual cases assault in a discreet and confidential manner. We offer private consultations in person or on the phone or via Zoom. We also file law suits under a Jane Doe, as opposed to your real name so you will never have to worry about being identified. You are not alone. Call us at 305-741-5297 or fill out our contact form for a free consultation. We handle all cases on a contingency fee basis, meaning you don’t pay us anything unless we recover money on your behalf.
Miami Lawyer for a Rape and Sex Assault Aboard a Cruise Ship
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Phone: (305) 741-5297
Address: 1728 Coral Way, Suite 702. Miami, FL 33145
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