Cruise Ship Accident Lawyer Blog
Recently, Brock Christian Hammerstein, 25 years of age, was one of two individuals accused of sexually assaulting a minor on a Dolphin cruise. Once said cruise ship ported, the victim visited a local hospital to report that she was sexually battered. At the time of the assault, the victim and her family were visiting Destin, Florida, and went on one of the Sunset Cruises. While on the cruise, an employee, 22 years of age, served her wine without first requesting her identification. On the completion of the cruise, said employee invited her back onto the boat. The employee and Hammerstein then took her to the ship’s lower level where they allegedly sexually battered her. The two men maintain that the victim said she was 24 years of age and that she consented to the sex.
If you or a loved one is a victim of a crime, it is imperative that you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA are here for you. We are available at 1-877-475-2905 and/or at info@gslawusa.com.
Sexual Assault on Cruise Ships
The General Maritime Law applies to sexual assaults, rapes, and personal injuries onboard cruise ships. If you are sexually assaulted on a cruise it is important that you report the incident to the FBI as soon as possible. Ask your cruise line to allow you to contact the FBI. Cruise lines are required to allow passengers to speak to the FBI upon request. Once reported, the FBI will investigate the incident. Once your cruise ship has ported, you should then visit the nearest medical treatment center.
Sexual Battery
Sexual battery includes various sex-related offenses such as sodomy, indecent assault, and rape. In every sexual battery case, the prosecutor in the case must prove certain key elements beyond a reasonable doubt. ‘Beyond a reasonable doubt’ is the highest burden of proof there is. The prosecutor must establish that the defendant engaged in vaginal, anal, or oral penetration of the victim with a sexual organ or another object. In the alternative, prosecution must show a union by the defendant’s sexual organ with the victim’s vagina, anus, or mouth.
The prosecutor must also prove that the victim did not consent to the act. In Florida, if the victim is over 12 years of age, the prosecutor is required to prove that the victim did give voluntary consent. The prosecution, thus, must show a lack of consent, yet, is not required to show protest or resistance of the victim. Nevertheless, as per Florida law, if the victim is below the age of 12, the prosecution is not required to show the victim’s lack of consent to establish sexual battery.
Hire an Attorney for Your Case
If you or a loved one is a victim of a crime, it is important that you hire an attorney to best protect your interests. The Miami lawyers at Gerson & Schwartz, PA have the skill and experience needed for your case. Contact our crime victim lawyers today for a FREE consultation. We are available at 1-877-475-2905 and/or at info@gslawusa.com.