Articles Tagged with sexual assault

Drugging and sexual assault are criminal acts on US soil, and passengers enjoy similar protections under federal maritime laws when the attack occurs on a cruise ship. The Cruise Vessel Security and Safety Act (CVSSA) imposes strict reporting duties, and federal agencies have the authority to make arrests. 

However, there are also laws that allow victims of drugging and sexual assault to seek compensation when failures by the cruise operator were a factor. A Miami cruise ship accident lawyer can explain your rights, while some tips can help you protect yourself.

Cruise Lines’ Liability for Drug-Facilitated Sexual Assault

When families board a cruise ship, they trust that the crew surrounding their children has been carefully screened. A recent federal operation in San Diego shattered that assumption, as officials conducted an enforcement operation involving child sexual exploitation material (CSEM). According to the New York Post, agents arrested 28 crew members, including some from a Disney cruise vessel.

The incident exposes an alarming failure in cruise line employee vetting, resulting in families with young children being in close contact with dangerous criminal offenders. A Miami cruise ship accident lawyer the potential remedies available, and some information about the relevant legal concepts is useful.

What is a Cruise Line’s Duty of Care to Passengers?

It is unthinkable that sexual assault could happen on board a cruise ship, but the statistics show that the threat is real. A USA Today report reveals that there were 131 sex crimes on US-based vessels in 2025, an increase compared to 2024. 

You have legal options as a survivor, so retain a Miami cruise ship sexual assault lawyer to help seek justice and pursue all available remedies. This guide also provides useful information about your rights.

Your Rights Under US Maritime Law

There can be no doubt that a Disney cruise is fun for people of all ages. As a result, many parents entrust their children to onboard daycare facilities when they want to enjoy shore excursions or other adult activities. However, the adventure of a lifetime quickly turned to tragedy for one family who relied on this service to take care of their 3-year-old daughter. According to an October 14, 2021 article in South Florida’s NBC affiliate WPTV News Channel 5, the parents are suing the cruise line after the toddler was sexually assaulted by an older child at the facility. Representatives from Disney issued an official statement that the claims are without merit. 

The lawsuit lists five separate claims for monetary damages, and a Miami cruise ship injuries lawyer can explain the details if you are facing a similar situation. You may also benefit from reviewing how allegations of sexual assault may lead to multiple claims for compensation, based upon multiple breaches of duty by the cruise line.

  1.   Negligence for Sexual Assault: While this type of misconduct is obviously criminal in nature, this claim does NOT focus on the perpetrator. Instead, the allegation is that the cruise line did not exercise reasonable care in terms of security against criminal activity. Specifically, the family claims that the daycare center was understaffed, and that Disney failed to notify the parents about the attack.

Sexual assault is a serious problem in Miami and throughout the US, but you never expect such a tragic offense to affect your cruise vacation. Unfortunately, statistics from the US Department of Transportation reveal that rape, sexual battery, molestation, and related crimes are not just confined to land. According to a publication on Cruise Line Incident Reports, there are approximately 100 reports of sexual assault every year worldwide on cruises operated by some of the biggest, most reputable operators. Not only is your trip of a lifetime horrifically damaged, but you could experience long-term physical and emotional consequences. 

If you or a loved one suffered sexual assault on a cruise vacation, you should make it a priority get in touch with a Miami cruise ship attorney right away to discuss your options. It may also be helpful to review a few facts about the legal process.

Issues with reporting paint a distorted view of sexual assault on cruises. On the one hand, victims are often reluctant to notify crew about these incidents; however, the cruise lines themselves are not always truthful about sexual assault to avoid a PR catastrophe. Because they are “flagged” in countries other than the US, particularly the Bahamas, Jamaica, and other Caribbean nations, they are not subject to our laws that require reporting. Together, these factors make it difficult to assess the risk of sexual assault on cruises.

Cruise lines are in the business of making their guests feel safe, at ease, and protected. As many attorneys know (particularly attorneys experienced with maritime law), this is not always the case. A recent news report has shown that one cruise line failed to keep one of its passengers safe from its own employee. This passenger not only received threats by an employee, she also achieved very little headway with convincing local authorities of her plight.

Bahamas Cruise Line Passenger Threatened by Employee

A bachelorette party should be a joyous occasion, one filled with friends, excitement, and memory-making experiences. Unfortunately, this was not the case for one woman who went to celebrate her last few days of singlehood on the Bahamas Paradise Cruise. According to the report, a crew member threatened the woman with rape on numerous occasions. When she slammed the door in his face, he repeated the threats. After a period of a few minutes, the employee disappeared from outside her door.  

Though they do not often make the news, crimes on cruise ships do happen. Sometimes said crimes are serious and life-altering, such as sexual assault. Sexual assaults are, unfortunately, not uncommon aboard cruise ships. Recently, 25-year-old Karen Seechurn pleaded guilty to unlawfully entering the cruise ship cabin of a sleeping passenger and sexually assaulting her. In brief, Seechurn entered the victim’s cabin, groped her and threatened to burn the ship down if she told anyone of the incident. The cruise ship was reported as the Royal Caribbean’s Quantum of the Seas.

Again, sexual assaults aboard cruise ships are not uncommon. In 2014, alone, three of the leading cruise lines, Royal Caribbean, Carnival, and Norwegian reported 18 cases of sexual assaults and 27 cases of rape against cruise ship passengers.    

Please note that cruise ships do not have law enforcement officials onboard. Yet, you are not without security personnel. Cruise ships employ other forms of security personnel who are typically trained to maintain the safety on cruise ships and to protect evidence of a crime. If you a rape victim of such an offense, it is critical that you report the incident to the FBI as soon as you reasonably can. 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. Of course, the cruise line will want to give the FBI their side of the story. Once your cruise ship has ported, you should visit the nearest rape treatment center.       

Sexual assaults often occur during cruise ship voyages. Just recently, the Royal Bahamas Police Force took a United States citizen into police custody in connection with an alleged sexual assault incident. Both the suspect and the victim were passengers of a cruise ship. This incident was reported shortly after 9:00 a.m. when the female victim informed Bahamian police that she was sexually assaulted. The suspect was arrested and taken into police custody. Given that these crimes are not rare, it is important that victims have certain rights and protections on board cruise ships for when they are, or may have been, victimized. This article will touch on the victim rights expounded in the Cruise Vessel Security and Safety Act of 2010.

If you or a loved one is a victim of a crime at sea, it is important that an experienced maritime lawyer is retained for the case. Cruise ship companies have their own lawyers who work for them following an incident and so should you. The Miami maritime lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online.

Cruise Vessel Security and Safety Act of 2010

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

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.       

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