A number of witnesses recently appeared before a Senate transportation committee to discuss sexual assaults that take place on cruises. Those witnesses, many of whom were quite emotional, made it clear that sexual assaults are “far too common” on ships that serve ports in the United States. An experienced cruise ship rape lawyer is well aware that many cruise lines often mislead excited vacationers by lulling them into a false sense of security and safety while they are onboard the large “floating city” with others. However, those in attendance at the hearing heard in no uncertain terms that crime still exists—even when floating on the high seas.
According to recent reports, the Cruise Lines International Association, which disputes the claims of widespread sexual assaults on cruises, notes that approximately 22 million individuals vacation on these vessels every year. The Association did not send anyone to testify before the committee; however, it issued a statement to say that the hearing before the Senate presented a “distorted picture” of the safety record of the cruise industry. Still, the chairman of the National Center for Victims of Crime has stated that the risk of sexual crimes onboard ships is real and is getting higher.
Given the importance and seriousness of the issue, Senator Jay Rockefeller, the Chairman of the Senate Committee on Commerce, Science, and Transportation, introduced the Cruise Passenger Protection Act of 2013, aimed at improving passenger protection on cruise liners. This Senate hearing was intended to gather information and raise awareness of the exact problem. With pressure from victims (and members of Congress), some of the major cruise lines started to voluntarily post their crime data online back in August of 2013. Nevertheless, a lawyer knows that posting the data online is simply not enough. The sad and horrific stories heard during the committee hearing highlighted the fact that there seems to be a lack of concern for the safety of cruisers, and the cruise industry continues to fail to address the issues.
The Investigation and Prosecution of Sexual Assaults
Unfortunately, very few liners enlist trained police officers to travel onboard and conduct proper investigations of sexual assault allegations. Sure, some well-intentioned crewmembers and trained security officers might be able to help with the investigation, but typically an adequate investigation is not done at all. Two common reasons why rape investigations are usually poor on board are:
- Limited law enforcement on board. The cruise ship’s security staff members usually are the only law enforcement aboard a ship until it reaches its next port of call (often in a foreign country). This is problematic because a delay in conducting a proper investigation can cause evidence to be lost or destroyed and essentially hinders the possibility of a fair investigation.
- Investigation delays. Delays in investigations can prevent many allegations of sexual assaults from ever reaching a courtroom. But if a sufficient amount of evidence is compiled to file a suit, then depending on the facts, the case will be heard either in a federal court or in the jurisdiction noted in the fine print of the passenger ticket.
Handling of Sexual Assault and Rape on Ocean Liners
Being sexually assaulted and/or raped while traveling on a cruise ship can be a traumatic experience for the victim and those traveling with him or her. The devastation is not only physical, but also emotional and psychological. Cruisers typically view cruising as a fun and affordable way to vacation and enjoy new experiences with their loved ones; however, the trip can turn tragic in only a short period of time.
A cruise ship rape attorney at Lipcon, Margulies & Winkleman, P.A. who regularly works with cruise ship victims is well aware that the nonexistence of law enforcement officers on cruise ships, along with a certain level of isolation that comes with cruising the high seas, increases the probability of crimes being committed onboard. That said, when it comes to rape and sexual assault crimes, many individuals may have questions or concerns with how such crimes are viewed and handled while cruising. Our firm’s legal team can assist you with answering those questions.
Cruise Ships: Prime Ground for Rape and Sexual Assault
Some cruise ships are very large vessels that have miles and miles of long walkways and halls where a passenger can become lost or confused. Given the layout of ships, such passageways can provide unscrupulous individuals with a prime opportunity to sexually assault and/or rape someone with almost no chance of being seen. While it is true that cruise employees are expected to go through a screening process prior to being hired, some cruise lines mistakenly hire individuals who end up attacking unsuspecting passengers.
However, it is not only crew members who pose threats to passengers. Other travelers, particularly those who have been drinking alcoholic beverages throughout the day, also can be dangerous and might take advantage of any chance to force themselves on someone. Depending on the facts of the case, any kind of unwelcomed sexual contact can be deemed a sexual assault. Additionally, if the assailant takes it a step further and forces intercourse on another, that can possibly be deemed as rape.
Criminal vs. Civil Aspects of Cruise Ship Assault and Rape Cases
A criminal court can have jurisdiction over cases that involve rape and sexual assaults that occur on cruise ships, but jurisdiction might require the simultaneous involvement of several countries and/or states. Also, based on where the ship was at the time of the incident, or the citizenship or residency of the perpetrator or the victim, the U.S. might be entitled to exercise some level of jurisdiction.
Victims also should take note that if they choose to work with attorneys who handle rape and sexual assault causes, those attorneys also can assist them with holding the proper parties responsible for the incident from a civil standpoint. Cruise ship victims are entitled to file a lawsuit against the cruise line in order to gain compensation for pain and suffering, medical treatment and other incident-related expenses.
Victims can seek monetary damages in civil court, and oftentimes this is the best recourse they have to fully pursue their attackers, not in criminal court. If you or someone you love has been sexually assaulted and/or raped while onboard a ship, and you have questions about your rights, contact a cruise ship rape lawyer at Lipcon, Margulies & Winkleman, P.A. right away.
Don’t Be a Target for Sexual Assault on a Cruise
When taking cruises, travelers tend to let their hair down and relax a bit more than usual. So much so that they may place some of their typical safety concerns on the shelf until they return to shore. However, maritime professionals understand that sexual assault on ships happens more frequently than many people realize. Some travelers let their guard down while on a cruise because they are not exposed to the typical outside forces that may arise while on land, and – after all – they are on vacation. While there is no way to know whether you or your travel companions will be attacked while onboard a cruise, there are ways to help lower the odds of becoming a target. It is also helpful to know what to do after an attack or injury.
Five Steps to Reduce Your Risk of Sexual Assault on a Cruise
Vacationers are advised to keep the following things in mind as they go about enjoying their vacation and related activities:
- Don’t let your guard down. Do not automatically think you are safe on a ship. Many individuals view cruise ships as some sort of private city that floats on water. However, you should act in the same way you would on land when it comes to maintaining your personal safety. Unfortunately, hundreds of crimes take place every year while traveling the high seas, and even though some ships are equipped with sophisticated camera systems and security teams, none of those things will shield a traveler from being harmed while onboard. Additionally, reports have shown that crew members, not passengers, commit many of the sexual assaults that take place on ships. Accordingly, you should always remain alert and vigilant as you walk throughout the ship.
- Steer clear of isolated areas. One sure way for individuals to lessen their chances of being sexually assaulted while on a ship is to avoid walking in areas of the ship set off or isolated from the main areas. Unfortunately, those unscrupulous individuals who are out to assault others will likely be lurking in places away from camera surveillance or off limits to passengers. Always stay within eyesight and earshot of other travelers.
- Don’t go out alone. Travel in pairs—or with several people. Generally, it is easier for an attacker to set his or her sights on a passenger who is walking around alone, as opposed to people who travel in pairs or larger groups. Sexual offenders tend to focus in on individuals who are alone, and they will try to gain their trust prior to them making their move. Try to stay with a group as often as possible while cruising, and if you are traveling with children, do not let them roam freely around the ship. Always keep children close by, even on ships that specifically cater to them.
- Always watch your drinks. Keep an eye on your drink as it’s being made and afterward. There are many reported instances of date rape drugs being used. Don’t assume your drink is safe because a crew member serves it to you. You should use the same care you would use in a crowded bar on land.
- Watch your back. As you go about the task of figuring out which activities you will most enjoy and which ones will give you an opportunity to make new friends, always remember to watch your back, especially when socializing with the other passengers onboard. Just like when you are on land, you are encouraged to choose your new friends and confidants wisely, making certain you never go to a stranger’s cabin alone or with others.
These are important things to keep in mind as you head off on a cruise vacation. You should focus on having a good time, but don’t be a moving target for sexual assault. Life on a cruise is a little different from the real world, and you should always keep your safety at the forefront of your mind.
Establishing Legal Liability: Key Theories in Cruise Ship Sexual Assault Cases
Common legal theories our Florida cruise ship rape attorneys use to establish legal liability include:
Negligent Hiring and Negligent Training of Ship Crew
Our Florida cruise ship rape attorneys often establish liability through claims of negligent hiring and training. Cruise lines have a responsibility to thoroughly vet their employees, ensuring that crew members and security personnel are qualified and trustworthy. When a cruise line fails to conduct adequate background checks or provides insufficient training on handling sensitive situations, they can be held liable for any resulting harm to passengers.
Failing to Conduct Routine Sex Offenders Background Checks
Cruise lines are obligated to ensure the safety of their passengers by conducting thorough background checks on all employees, particularly those in positions of authority or proximity to guests. When cruise lines neglect to perform these essential checks, they may inadvertently allow individuals with a history of sexual offenses to work on board, increasing the risk of assault. Our attorneys utilize this legal theory to hold cruise lines accountable for their failure to protect passengers from known dangers.
Failing to Maintain or Implement a Ship Security Plan
A comprehensive security plan is vital for ensuring passenger safety aboard cruise ships. When cruise lines fail to implement or maintain effective security measures, they leave passengers vulnerable to criminal acts, including sexual assault. Our legal team investigates whether the cruise line had a security plan in place and if it was adequately executed, seeking justice for victims harmed due to these oversights.
Negligent Supervision During Youth Programming Activities
Cruise lines often provide youth programming to entertain younger passengers while their parents relax, but they must also ensure that these activities are supervised appropriately. Negligent supervision can lead to dangerous situations, exposing children to potential predators. Our attorneys advocate for victims who have lived a nightmare by demonstrating that the cruise line failed to provide adequate oversight, which directly contributed to the harm endured during these activities.
Failing to Patrol or Monitor High Traffic Areas
High traffic and common areas on cruise ships, such as lounges, pools, restrooms, and hallways, should be regularly monitored to deter criminal activity. When cruise lines fail to implement adequate patrols or surveillance in these areas, they effectively create opportunities for assaults to occur. Our legal team uses this failure in court, arguing that the cruise line’s negligence directly contributed to the victim’s experience.
Negligently Failing to Monitor Passenger Corridors
Passenger corridors are often less monitored than public areas, making them potential hotspots for criminal activity. Cruise lines have a duty to ensure these areas are adequately supervised to prevent assaults. Our attorneys use this legal theory to argue that the cruise line’s negligence in monitoring these corridors allowed for the attack to occur, establishing a direct link between their lack of oversight and the victim’s suffering.
Failure to Staff or Deploy a Sufficient Number of Security Personnel
Adequate security staffing is essential for maintaining a safe environment on cruise ships. When cruise lines fail to deploy enough security personnel, they increase the risk of criminal acts occurring without intervention. Our legal team holds cruise lines accountable for insufficient security measures, demonstrating that their lack of staffing directly contributed to the victim’s vulnerability.
Failing to Provide Adequate Crime Deterrence
Effective crime deterrence strategies are crucial for passenger safety on cruise ships. This includes visible security presence, surveillance cameras, and clear protocols for reporting incidents. When cruise lines neglect to implement these deterrents, they fail to protect their passengers adequately. Our attorneys argue that this negligence creates an environment conducive to criminal behavior, which can lead to tragic outcomes for victims.
Allowing the Consumption or Sale of Alcohol to Minors
Cruise lines have a legal and ethical obligation to prevent the consumption and sale of alcohol to minors. When they fail to enforce these laws, they not only expose young passengers to potential harm but also create situations where intoxication can lead to increased vulnerability to assault. Our legal team pursues claims against cruise lines that disregard these responsibilities, emphasizing the direct link between their negligence and the victim’s experience.
Rape, Voyeurism, and Sexual Assault by Crew Members
Incidents of rape, voyeurism, and sexual assault by crew members represent a severe breach of trust and safety aboard cruise ships. When crew members exploit their positions to harm passengers, cruise lines can be held liable for failing to prevent such incidents. Our attorneys work diligently to hold these companies accountable, ensuring that victims receive the justice and compensation they deserve for the trauma they have endured.
