Millions of people embark on cruise vacations each year thinking they will have the time of their lives. It never occurs to vacationers that they could be seriously injured during their trip. Unfortunately, the chances of passengers being involved in an accident or serious crime are higher than one would suspect, and according to statistics provided by the Senate Committee on Commerce, Science, and Transportation, crime rates on cruise ships are only rising.
Maritime Law Requires Reporting of Sexual Crimes
The number one crime reported on cruise ships is sexual assault, yet victims seldom obtain justice for their pain and suffering. Ocean liners have a responsibility under maritime law not only to provide a reasonably safe shipboard environment for all guests and crew members, but they are also required to report serious crimes to the FBI, especially sexual crimes. But despite the laws that are in effect, few companies actually follow them. These companies know that if they report a sexual crime to the FBI and other maritime authorities, the incident will likely go public and not only mar their reputation, but also increase their chances of being held liable for the cruise ship sexual assault due to their negligence in maintaining safety onboard the vessel.
The public has the right to know how many crimes occur each year on any given vessel in order to better protect themselves from harm, but there is a huge discrepancy between the number of crimes that are occurring and those that are actually reported.
In an effort to increase transparency regarding cruise ship crimes, Congress adopted the Cruise Vessel Security and Safety Act of 2010 (CVSSA), which requires companies to report crimes to the FBI as soon as they occur as well as requires all alleged crimes to be publicly reported by the Coast Guard. Yet, the public still wasn’t getting an accurate account of these incidents because it only required actual crimes to be reported, not those that were “alleged.” As a result, much fewer crimes have been reported to the public than to the FBI over the years since the Act came into effect. In fact, out of the 959 crimes reported by cruise lines to the FBI since 2011, only 31 crimes were reported to the public.
Discrepancies in Public Crime Reporting
Below are some disturbing statistics showing just how large the discrepancy in public crime reporting has really been:
- Cruise line crimes required to be reported (includes serious crimes like sexual assault):
- 2011 – 68 crimes were reported to the FBI; only 16 crimes (23%) were reported to the public.
- 2012 – 62 crimes were reported to the FBI; only 15 crimes (24%) were reported to the public.
- Sexual Assault Crimes:
- 2011 – 42 crimes were reported to the FBI; only 13 crimes (31%) were reported to the public.
- 2012 – 29 crimes were reported to the FBI; only 11 crimes (38%) were reported to the public.
Cruise lines have also withheld information regarding the age of victims from the public, especially victims of sexual crimes. Regarding sexual assault, the FBI reported the following:
- Of the 29 alleged sexual crimes in 2012:
- 18 (62%) were adults.
- 10 victims (34%) were minors.
- 1 was reported as “other.”
Cruise Lines Use Loophole to Avoid Reporting Crimes
Because of a loophole in the legislation, cruise lines were failing to report ALL crimes, not disclosing alleged crimes, causing a discrepancy in crime data reporting. As a result, Senator Jay Rockefeller, the Chairman of the Senate Committee on Commerce, Science, and Transportation, introduced the Cruise Passenger Protection Act of 2013, intended to improve transparency in crime reporting. The act requires ocean liners to disclose information regarding ALL crimes to the public, whether they have been solved or not.
Four companies have already disclosed their crime reports to the public: Carnival Cruise Line, Royal Caribbean International, Disney Cruises, and Norwegian Cruise Line. However, other lines have yet to follow suit, and it has yet to be determined whether they will provide the public with crime data or if they will choose to ignore the legislation.
But not only have cruise lines failed to report crimes to the public, they also have made it increasingly difficult for victims to file their own reports. There are no police officers onboard ships to turn to in the event of a sexual assault. A cruise line’s own crew members often are the guilty parties in a sexual crime committed aboard a vessel, so victims are likely to hit a brick wall when trying to get the company to cooperate with an investigation against their own workers.
For these reasons, it is imperative that anyone who has been the victim of a sexual assault directly report the crime to the FBI and seek legal help as quickly as possible with a cruise ship rape lawyer to protect their rights.
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.
