The hard truth is that sexual assault on cruise ships isn’t just an occasional incident. It’s a pervasive problem that the industry has struggled to address effectively. In 2019 alone, 101 sexual assaults were reported on cruise ships, according to the U.S. Department of Transportation. That’s nearly two incidents every week. And remember, these are just the reported cases. Experts believe the actual number is significantly higher.
The most troubling issue is how some cruise lines handle these incidents. There have been accusations of cruise staff discouraging sexual assault survivors from reporting, downplaying incidents, or failing to preserve evidence properly. Some cruise lines have even been caught trying to settle cases with sexual assault survivors in exchange for silence quietly.
If you’ve experienced sexual assault on a cruise ship, please know that this is not your fault and that you are not alone. An experienced sexual assault lawyer at Prosper Shaked Accident Injury Attorneys, PA., can help you hold your abuser and the cruise line accountable for the harm you’ve suffered.
Why Does Sexual Assault Occur on Cruise Ships?
Why do sexual assaults occur on cruise ships? Several factors come into play:
- The “Vacation Mindset”: Many passengers let their guard down, believing they’re in a safe, controlled environment.
- Alcohol Culture: Cruise lines heavily promote and profit from alcohol sales. This creates an atmosphere where over-consumption is common, leaving some passengers vulnerable.
- Confined Spaces: Ships’ layouts, with narrow corridors and isolated areas, can create opportunities for predators.
- Inadequate Security: While cruise lines tout their safety measures, many ships lack comprehensive surveillance systems or properly trained security personnel.
- Jurisdictional Confusion: When assaults occur in international waters, it’s unclear which laws apply. This ambiguity can deter reporting and complicate investigations.
Why You Need a Florida Sexual Assault Lawyer
If you were sexually assaulted on a cruise ship, you’re facing a complex situation that requires immediate action on two fronts: criminal and civil.
The Criminal Case: This involves reporting the crime to law enforcement. The FBI has jurisdiction over many cruise ship crimes involving U.S. citizens, even in international waters. A criminal case aims to punish the perpetrator and can result in fines or imprisonment.
The Civil Case: This is separate from any criminal proceedings. A civil case is about holding the cruise line accountable for negligence that may have contributed to your assault. It can result in financial compensation for medical bills, emotional trauma, lost wages, and other damages.
Here’s why you need an attorney, especially for the civil case:
- Specialized Knowledge: Maritime law is complex. An experienced attorney knows how to navigate these tricky legal waters.
- Evidence Gathering: Crucial evidence can disappear quickly on a ship. Your attorney knows what to look for and how to preserve it.
- Dealing with Cruise Lines: These companies have teams of lawyers protecting their interests. You need someone equally skilled in your corner.
- Maximizing Compensation: Beyond immediate medical costs, you may be entitled to compensation for long-term therapy, lost wages, and pain and suffering. An attorney can help ensure you receive fair compensation.
- Statute of Limitations: There are strict deadlines for filing lawsuits. An attorney ensures you don’t miss these crucial windows.
Remember, seeking legal help doesn’t commit you to any particular course of action. Many attorneys offer free, confidential consultations where you can learn about your options without pressure.
If you’re reading this because you or someone you care about has experienced sexual assault on a cruise ship, know this: You’re not alone. What happened wasn’t your fault. And you have options.
The Unique Challenges of Cruise Ship Assaults
Sexual assault is traumatic in any setting. But when it happens on a cruise ship, survivors face some unique hurdles:
- Isolation: You’re potentially thousands of miles from home, cut off from your usual support system.
- Limited Resources: While larger ships have medical facilities, they may not be equipped to handle sexual assault cases properly.
- Jurisdictional Confusion: Depending on where the ship is when the assault occurs, different laws may apply. This can complicate reporting and investigation.
- Pressure to “Not Make Waves”: Some cruise staff might discourage reporting to avoid “ruining” other passengers’ vacations.
- Alcohol Factor: Many cruise assaults involve alcohol, which can blur memories and make sexual assault survivors question themselves.
These factors often leave survivors feeling powerless and unsure of what to do next. That’s why having a knowledgeable advocate in your corner is crucial.
Cruise Line Liability in Sexual Assault Cases
In legal terms, strict liability is a standard of liability where a party is held responsible for damages or injuries regardless of fault or intent. When applied to cruise lines in sexual assault cases, this concept can be a game-changer for survivors seeking justice.
In some jurisdictions, including in Florida, courts have ruled that cruise lines can be held strictly liable for sexual assaults committed by their crew members against passengers. This legal stance stems from the unique relationship between a cruise line and its passengers:
- Special Duty of Care: Cruise lines have a heightened responsibility to ensure the safety of their passengers, who are in a vulnerable position while at sea.
- Control Over Environment: The cruise line has near-total control over the ship’s environment, including hiring and supervising crew members.
- Limited Passenger Options: Passengers can’t quickly leave the ship or seek outside help, increasing their reliance on the cruise line for protection.
What Does This Mean for Cruise Ship Sexual Assault Survivors?
The application of strict liability in these cases has several significant implications:
- Lowered Burden of Proof: Survivors don’t need to prove that the cruise line was negligent in hiring, training, or supervising the crew member who committed the assault.
- Focus on Occurrence, Not Fault: The primary legal question becomes whether the assault occurred, not whether the cruise line could have prevented it.
- Potentially Faster Resolution: With fewer elements to prove, cases may be resolved more quickly, reducing the emotional toll on survivors.
- Increased Likelihood of Compensation: The simplified legal standard can make it easier for sexual assault survivors to receive compensation for their trauma and any related expenses.
A critical case in establishing this principle is Naddeau v. Costley and Carnival Cruise Lines, Inc., decided by the Florida District Court of Appeals in 1994. This ruling set a significant precedent for holding cruise lines strictly liable for crew member assaults on passengers.
Florida Law and Cruise Ship Assaults
Florida plays a major role in the cruise industry. As such, the state has laws specifically addressing crimes on cruise ships. Two key statutes to be aware of:
- Florida Statute 910.006: This law gives Florida courts jurisdiction over crimes committed on cruise ships that embark or disembark in Florida, even if the assault happened in international waters. It states: “The courts of this state have jurisdiction to try offenses prohibited by the laws of this state that are committed on board a ship or vessel registered in this state or licensed, registered, or documented under the laws of the United States, or a ship or vessel on which the offender is found in this state.” This means you can potentially pursue your case in Florida courts, even if the assault didn’t happen in Florida waters.
- Florida Statute 768.1346: Known as the “Cruise Vessel Security and Safety Act,” this law requires cruise lines to:
- Have security personnel on board trained in crime prevention, detection, and reporting.
- Implement systems for video surveillance.
- Maintain a log of all reported crimes.
- Provide victims with free, immediate access to sexual assault forensic exams performed by qualified medical practitioners.
If a cruise line fails to meet these requirements, it could strengthen your case against them.
Understanding these laws can be overwhelming, especially when you’re dealing with trauma. That’s where an experienced sexual assault attorney becomes invaluable. They can navigate the legal complexities while you focus on healing.
The Importance of Quick Action After a Sexual Assault
If you’ve been sexually assaulted on a cruise ship, time is of the essence. Here’s why:
- Evidence Preservation: Physical evidence can disappear quickly, especially in a constantly moving environment like a ship.
- Witness Statements: Other passengers who might have seen something important will disembark and scatter globally.
- Legal Time Limits: There are strict deadlines for filing lawsuits, known as statutes of limitations.
Quick action doesn’t mean you have to make all the decisions right away. But reaching out to a lawyer as soon as possible gives you the best chance at justice.
Steps to Take If You’ve Been Assaulted
- Prioritize Your Safety: Get to a secure location if possible.
- Seek Medical Attention: Even if you’re not visibly injured, a medical exam is crucial for your health and for documenting evidence.
- Report the Incident: Inform ship security and ask for a written copy of the report.
- Preserve Evidence: Don’t shower or change clothes if possible. Put any clothing or items in paper bags (not plastic).
- Document Everything: Write down everything you remember as soon as possible.
- Contact Law Enforcement: The FBI has jurisdiction over many cruise ship crimes.
- Reach Out for Support: Contact a rape crisis hotline or counselor for emotional support.
- Consult an Attorney: Before giving any statements to the cruise line or accepting any offers, speak with a lawyer who specializes in maritime sexual assault cases.
Common Questions from Cruise Ship Sexual Assault Survivors
“I was drinking when it happened. Does that mean it’s my fault?”
Absolutely not. Consuming alcohol doesn’t give anyone the right to assault you. Period. Many predators deliberately target people who’ve been drinking because they’re more vulnerable. This reflects the perpetrator’s criminality, not your worth or credibility.
“I’m not sure exactly what happened. Should I still report it?”
Yes. It’s common for trauma to affect memory. You might have gaps or feel confused about the sequence of events. That’s normal and doesn’t make your experience any less valid. Report what you do remember, and let the professionals help piece things together.
“I’m worried about my reputation if people find out. What should I do?”
Your privacy matters. A good attorney will fight to protect your identity throughout the legal process. Many cases settle confidentially, meaning the details never become public. Your well-being and pursuit of justice should come first.
“The cruise line offered me a refund or a free trip if I didn’t make a formal complaint. Should I take it?”
Be very wary of such offers. They often attempt to minimize the cruise line’s liability. Consult with an attorney before accepting anything or signing any documents from the cruise line.
“It happened in international waters. Can I still take legal action?”
Yes, you can. Maritime law is complex, but there are multiple avenues for pursuing justice, regardless of where the assault occurred. An experienced maritime attorney can help determine the best course of action.
“I didn’t report it right away. Is it too late?”
It’s never too late to speak up. While immediate reporting can help collect evidence, many survivors need time to process what happened. Even if some time has passed, there are still legal options available.
“I’m not a U.S. citizen. Do I still have rights?”
Yes. U.S. laws protect all passengers on ships that depart from or return to U.S. ports, regardless of citizenship.
Our Florida Sexual Assault Lawyers Can Help
If you’re reading this because you or someone you care about has experienced sexual assault on a cruise ship, I want you to know that you are not alone. What happened to you is not your fault. You deserve justice, and we are ready to help you fight for it.
You embarked on a cruise expecting relaxation and adventure. Instead, you endured a traumatic violation of your trust and bodily autonomy. It’s unfair, it’s infuriating, and it’s okay to feel a whole range of emotions about it. But please know this: Your story doesn’t end here. You have the right to heal, to seek justice, and to help prevent this from happening to others.
Take the next step. Reach out to a Florida sexual assault attorney Prosper Shaked. We have experience representing survivors of cruise ship sexual assault. We can offer a confidential consultation to help you understand your options and decide on the best path forward.