Sexual Crimes/Assault

The Common Occurrence of Sexual Assault on Cruise Ships

May 13, 2016 | by Gerson & Schwartz, P.A.

Sexual assaults on cruises are, unfortunately, not an uncommon occurrence. The facts are quite scary. One major cruise line recently indicated that there were 173 sexual assaults or rapes reported on their ships during a five-year period. To make matters worse, none of these 173 reports were ever prosecuted. A different major cruise line reported that there are two rapes or sexual assaults per month on each of its cruise ships. Just recently, off the coast of Florida, a cruise line’s steward was charged with sexually assaulting a teenage boy in a cruise ship shower. The steward was charged with lewd and lascivious molestation and sexual battery of a person less than 16 years of age. Investigators maintain that the steward saw the young boy in a ship sauna. The two started talking as they used the facility. To get away from the steward, the boy left the sauna and went to the showers; yet, the steward followed and engaged in inappropriate sexual conduct.

The Lawsuit

If you wish to file a lawsuit against a cruise line, there are some important rules that you must be aware of. For one, cruise ship tickets that you initially purchase normally have a “forum selection clause” and a “choice of law clause.” These clauses are often printed on the back of the ticket in small font. These clauses specifically indicate in which state the passenger may sue the cruise line, as well as the law that will apply in his or her case. You should strictly adhere to the rules listed on your ticket. Failure to do so may ultimately have your case dismissed. If the cruise ticket has you filing the case in Florida, with Florida law applying, the following rules of law may apply to your situation.

Jurisdiction Issues in Cruise Ship Lawsuits

April 22, 2016 | by Gerson & Schwartz, P.A.

While swarms of people embark on cruise ships annually, crimes committed upon them seem to run rampant. What is sad is that many individuals who commit crimes aboard cruise ships actually get away with their crimes. It is a mess. What makes it even messier is the existence of the jurisdiction issue. A congressional hearing in 2007 revealed that in the past three years, 28 people have disappeared while on cruise ships. Of these, only three have been found! There have been 200 reported cases of assault or sexual misconduct aboard cruise ships. There have been four cases reported of grand theft. True, this may not appear to be a huge number of incidents. Yet, it is a large number when you take into consideration the several nuances of enforcing the law at sea. Most of these cases have not been sufficiently investigated and few have even been solved.

If you are a victim of crime or injury at sea, to best safeguard your interests, it is imperative that you hire an attorney for your case. The experienced Miami maritime lawyers at Gerson & Schwartz PA are here for you. We have the experience and skill needed to take on your case. Our attorneys are experienced in filing claims against all major cruise lines. We know how to aggressively handle maritime lawsuits. We will fight hard to enforce your legal rights and we will not hesitate to bring your case to trial if a fair settlement offer is not made.

Jurisdiction at Sea

Rape and Sexual Assaults on Cruise Ships

January 15, 2016 | by Gerson & Schwartz, P.A.

Instances of rape, sexual assault, and other sex crimes occur frequently on cruise ships. Just last year a cruise ship employee used a master key to enter the room of a female passenger. He hid on the room’s balcony until she returned. On her return to the room, she went to bed and was awakened by the intruder. The crewmember began choking her. The passenger fought for her life in every way she could by biting him and stabbing him with a corkscrew. The passenger was sexually assaulted, punched, and beaten with a laptop and a curling iron. She incurred brain injuries, fractures to her skull, spine, and face, and numerous bite marks. The crewmember even tried to snap the passenger’s neck. The crewmember tried to kill her. He became nervous when other passengers began knocking on the door and jumped off the balcony to the lower level in hopes of getting away. He was eventually caught.

Maritime law holds cruise lines strictly liable for the intentional, wrongful, and criminal acts of their employees. This includes rape and sexual assault. Rules of law governing conduct on cruise ships can be complex. To add to the complexities, cruise ships are governed by federal law, not state law, when the cruise ship is more than three nautical miles out at sea. If you or a loved one is a victim of a crime on a cruise ship, it is important that you seek the representation of an experienced maritime law attorney. The Miami, Florida maritime lawyers at Gerson & Schwartz PA have experience filing claims against all the major cruise lines.

The Cruise Ship Vessel Security Act of 2010

11-Year-Old Girl Molested on Disney Cruise

January 7, 2016 | by Gerson & Schwartz, P.A.

Last December, a Honduran man was arrested after allegedly fondling an 11-year-old girl aboard the Disney Magic cruise ship. The ship disembarked from Port Miami for a weekend long cruise. While aboard the ship, the girl told her parents that the man, 31-year-old Palma Ortega, had fondled her three times. If you or someone you love was the victim of sexual assault on a cruise ship, consider contacting a Miami Cruise Ship Sexual Assault Attorney.

Miami-Dade police are charging Ortega with three counts of lewd and lascivious molestation of a minor, and he is being held without bond. Upon detention, Ortega confessed to the crime. In the state of Florida, the lewd or lascivious molestation of a child under 12 is a felony punishable by 25 years to life in prison. The man is also on an immigration hold and may be subject to deportation.

It is not clear yet whether or not Ortega was a crewmember of the Disney cruise line, but regardless, the cruise ship company does not have the best track record of responding to sexual assaults by their crew members. In 2013, a similar event took place, where an 11-year-old girl was groped by a dining room employee on the Disney Dream cruise ship while the ship was docked at Port Canaveral. Local police could not arrest the man because Disney did not report the assault until the next day. Instead of receiving justice, the man was sent back to his home country of India.

Sexual Assaults on Cruise Ships

September 8, 2015 | by Gerson & Schwartz, P.A.

Recently, a passenger sued Carnival Cruise ship on account of suffering a sexual assault by an unidentified individual while using the ladies’ restroom in the ship and alleged that, in spite of reporting the incident to the support staff on the same day, no active measure was taken by the cruise ship crew or personnel. Our team of Miami cruise ship lawyers are not surprised. This brings to light the fact that sexual assaults on cruise ships are not uncommon at all.

What to Do if You are Sexually Assaulted on a Cruise Ship

If you and/or the perpetrator of a sexual assault is an American national and the ship sails from or to a U.S. port, then the FBI will have jurisdiction over the case. In other circumstances, it is more complicated to determine which agency—or even which country—has jurisdiction. The location of the vessel, the nationality of the perpetrator or victim, ownership of the vessel, the points of embarkation and debarkation, and the country in which the vessel is flagged may all have an effect on jurisdiction.

More Details Revealed About Horrific Cruise Ship Attack

June 22, 2015 | by Gerson & Schwartz, P.A.

A lawsuit based in maritime has been filed in the brutal beating of a cruise passenger that we mentioned on our blog a few weeks ago. With the filing of the lawsuit, the victim’s attorney has revealed the carelessness of the cruise line that contributed to the vicious attack. Our Florida maritime law firm is monitoring the case closely.

The Horrific Attack

The case stems from a Holland America cruise ship passenger was brutally beaten by a Holland America employee, who apparently had a master key and used it to gain entry into the victim’s cabin. The employee tried to strangle the woman with a phone cord, smashed her with a laptop and other blunt objects, and even tried to throw her overboard. She was also sexually assaulted. At one point, her oxygen supply was completely cut off from the choking. The entire attack lasted about an hour, until the victim managed to escape the cabin into the hallway.

International Cruise Victim Association Board Member, Philip M. Gerson Speaks to Congress at Senate Hearing in order to better enforce the Cruise Vessel Safety and SecurityAct 0f 2010

July 30, 2014 | by Gerson & Schwartz, P.A.

On July 24, 2014 a senate Committee Hearing chaired by retiring Democratic Senator John D. Rockefeller IV, illustrated the necessity for better enforcement of the Cruise Vessel Safety and Security Act 0f 2010Act. The Bill S. 1340, known as the Cruise Passenger Protection Act, perfects the intent of congress in passing the 2010 legislation. Despite, efforts made by the cruise lines to thwart the passage of this legislation, crime victim advocates and personal injury attorneys such as Miami based lawyer, Philip M. Gerson of Gerson & Schwartz, P.A. still pursue justice for passengers on the high seas. Mr. Gerson addressed congress detailing the negligent behavior of the cruise line industry and its trade group, Cruise Lines Industry Association, commonly referred to as CLIA. Mr. Gerson illustrated how cruise ship owners suppress the facts, rather than honestly report them to their passengers. These organizations and individuals alike, boast that its passengers are safer at sea, when this is clearly not the case.

At the senate hearing Mr. Gerson emphasized, how ship security is on board to protect the ship owners, not their passenger customers. Moreover, he pointed out how the legal relationship between the passenger and the cruise line is deliberately written in a way that is difficult to understand. Due to the fact, that the contractual terms which individuals sign are printed in tiny font and using legal and maritime terms that cannot be understood by the average person who takes a cruise, the rights of crime victims on board a cruise are often signed away before they even embark.

The compelling stories of three witnesses who spoke at this hearing demonstrated how difficult it has been for victims to seek or obtain protection before, or assistance after, violent and brutal crimes such as rape and sexual assault occur. Mr. Gerson continued to express deep concern for women and children who are unsafe while at sea. These vulnerable populations in particular are targeted by sexual predators often including crew members hired to work on board the ship. Sometimes, individuals hired as security guards who passengers understandably believe are on board to protect guests are the very ones who are committing these heinous crimes. More importantly, there is absolutely no police protection, on board these floating cities, and so defenseless passengers are left to protect themselves.

Disney Cruise Line Crew Member Arrested On Charges Of Molestation, Civil Law Suit Likely Next

April 29, 2014 | by Gerson & Schwartz, P.A.

Earlier this month, Florida Today published a story discussing the recent arrest of a Disney Cruise Line crew member who has been charged with two counts of lewd or lascivious molestation and one count of false imprisonment of a 13-year-old female cruise passenger. Our cruise ship lawyers have been watching this case closely for additional details to emerge. Under federal maritime law, cruise ship companies are subject to strict liability claims for rape, sexual assault and any crime committed by their employees. In other words, cruise ship companies are legally responsible for the criminal acts of their crew members.

Details of this latest crime is still emerging. However, Canaveral Port Authority Police were notified of the allegations shortly after Disney’s Dream cruise ship docked at the terminal following a four-day journey to the Bahamas. Police arrested 36-year-old Ahmed Sofyan, a resident of Jakarta, Indonesia.

According to police, Sofyan lured the minor into an unoccupied cabin and touched her inappropriately. During the encounter, the victim attempted to escape, and even asked to leave several times, but Sofyan wouldn’t let her leave. Sofyan ultimately let the girl go, and when confronted by police, admitted that he knew his conduct was wrong and that the girl was only 13 years old.

CREWMAN RAPE OF PASSENGER ON HOLLAND AMERICA CRUISESHIP

February 19, 2014 | by Gerson & Schwartz, P.A.

Media reports of unauthorized entry into a stateroom by a low level crew member, beating, forcible rape, attempted murder, and escape shock the cruising public.

Every cruise passenger lawyer knows there is strict liability for these harms. This means Holland America owes this passenger 100% of her compensatory damages.

Philip Gerson, Board Chair of the National Center for Victims of Crime and board member for International Cruise Victims organizations says this is not enough. “This victim should sue Holland America for punitive damages for misleading the vacationing public about the safety of cruising. Passengers at sea are in a jurisdictional vacuum and cruise lines refuse to undertake needed reforms to prevent these attacks.” Gerson, founding partner at Gerson & Schwartz in Miami said the Cruise Line Industry Association (CLIA) should also be sued for promoting a disinformation campaign to mislead the public about the dangers of unskilled, poorly trained and inadequately supervised crew members who harm innocent travelers.”

CRUISE CRIME INFORMATION AVAILABLE TO GENERAL PUBLIC

August 5, 2013 | by Gerson & Schwartz, P.A.

Previously, statistical information regarding crimes committed on cruise ships was kept out of the public’s eye. Cruise ship companies were able to keep under wraps the many criminal offenses against passengers, in order to protect their reputations. Now, under new legislation, cruise companies are required to publish this information, therefore, prompting cruise leaders such as Carnival and Norwegian Cruise Lines to jump ahead and make this information available, before the new impending legislation passed.

Now, crimes committed on board cruise ships that are allegedly reported by individuals will be available in a crime report. This will include sexual assaults, homicides, kidnappings and serious personal injuries. Associations that work hard to protect the rights of passengers such as the International Cruise Victims Association, as well as Maritime lawyers around the country like those at Gerson & Schwartz, PA, believe that this information will encourage cruise companies to better investigate crimes and protect their passengers. Those factors that contribute to ongoing safety issues will hopefully be addressed, making the cruise experience a safer one for all.

Miami maritime lawyers at Gerson & Schwartz, PA have settled hundreds of cases involving crimes against passengers on board cruises. Since, cruise companies promise passengers a trip, where there is access to unlimited amounts of alcohol and limited security and police presence, predators often use cruises as easy venues to commit crimes against women or children. For instance, rapes are rampant, as well as sexual crimes against minors during cruises. Often times, the cruise ship companies’ self regulating security personnel operate way below standards. Passengers lives are at risk, and they do not even realize it. The cruise companies’ work to hide the fact that crimes are being committed on ships, so that business is not affected by the truth leaking out.

With the new standards in place, forcing cruise lines to inform the public specifically to the incidents that occur on their ships, this information will give individuals the knowledge and power to make educated choices when planning their vacation. People can make up their own minds whether or not they feel a cruise is a safe mode of travel. Miami crime victim attorneys at Gerson & Schwartz, Pa can assist anyone who has been physically harmed while on a cruise, whether, he or she was in international or domestic waters. No crime should ever be kept under wraps, simply because, it was committed on the open sea.

If you or someone you love has been the victim of a crime while on board a cruise ship, contact the Florida maritime lawyers at Gerson & Schwartz, PA today for a free consultation. (877)475-2905 or info@gslawusa.com