A quick weekend trip, a family reunion, a well-deserved holiday, a dream vacation, are all reasons to plan a cruise. The advertisements are professional and polished and showcase the best aspects of cruising. The crew is depicted in uniform, smiling and attentive; the captain and first officers appear to be in full command of the floating city; the passengers, of all ages, are smiling, laughing, and engaged in one or more, of many activities offered onboard or offshore.
The ads appear welcoming and portend a great trip, that is until something goes awry. The brochures do not depict just how unfriendly and uncooperative the cruise lines can become, if your cruise experience is the one that is shattered because of a criminal assault. If you are the one, out of thousands, whose trip is ruined, what recourse do you have and what remedy should you expect?
In July 2010, in order to establish a uniform standard of regulations and rules, for the cruise industry, the Cruise Vessel Security and Safety Act (CVSSA) was enacted. This legislation was a direct result of the perception that cruise lines were underreporting serious crimes and or in the least, not properly documenting reports of crimes. “The law mandated that cruise ships are required to report serious crimes which include: suspicious deaths, homicides, assaults that cause bodily injury, and sexual assaults to the FBI.” (H.R. 3360: Cruise Vessel Security and Safety Act – gop.gov, 2020) In the event there is money theft, it must be in an amount of more than US $10,000 before a formal report is filed. For any other crimes that occur, the cruise line is allowed to resolve them internally, without any public reporting required. It goes without saying that there are many victims of cruise ship crime who will not see justice.
“Maritime law is what binds cruise ship operators and holds them liable for intentional criminal acts committed by employees, sexual assaults and other crimes.” (Bratslavsky, 2019) The CVSSA, of 2010, provided more relief for victims of cruise ship crimes. It somewhat loosened the vise grip cruise lines previously had, over admitting fault and paying compensation and/or damages. Still, a victim of assault (sexual or otherwise) should immediately notify the authorities on the ship. They, in turn, are required to report all such incidents as they are considered serious crimes.
Cruise ships are large and are able to accommodate thousands of guests at once, making it seem like an impossible task to police and keep secure all areas of a ship. Relative to a small city, however, which may be sprawled out, a ship is confined to a limited geographic environment. It consists of decks, cabins, and common areas. It has entertainment showrooms, kitchens, and dining areas, as well as, operations and machinery zones and crews’ quarters. The other thing, of which there is an abundance, is surveillance cameras: they are almost everywhere on a ship.
These surveillance cameras are recording all of the time and as such, can potentially, offer a video record of criminal acts. The footage, however, belongs to the cruise line and it can be difficult to obtain. Another noteworthy consideration is that there is no mandate in place that requires a live person to monitor the surveillance that is occurring 24/7. Crimes and video surveillance occur in real-time. However, real-time monitoring, conducted by ship’s personnel, often does not occur in real-time. Hence, the crime will always be something that is investigated after the fact, instead of having been prevented in the first place by surveillance monitors.
The U.S. House of Representatives introduced a bill, in November 2019, the Cruise Passenger Protection Act (CPPA). If enacted, “this legislation will strengthen the existing CVSSA, by requiring cruise lines to notify the FBI within four hours of an alleged serious crime.”(H.R. 5096: Cruise Passenger Protection Act -congress.gov) This law will mandate that cruise lines indicate if alleged crimes were committed against juveniles. It also would require that incidents are reported when they occur in port, before the ship leaves the port. If the ship leaves port before being notified, of an alleged incident that happened in a U.S. port, then the ship must report it to the U.S. Consulate in the very next port of call. Further, this legislation mandates that ships have video surveillance in all common areas. CPPA will “require improved medical standards and aims to hold the cruise lines responsible for deaths, sexual assaults and violent crimes at sea.” (CPPA, 2020)
“Crimes on cruise ships, committed against juveniles, account for one-third of all reported incidents, according to the FBI.” (Cruise Guide, 2019) There is a sense of security aboard a cruise ship and children also have an inherent tendency to trust adults. Combine that, with the excitement of cruising and the unusual freedoms afforded them on cruise ships, and the potential for criminality increases.
In the case of K.T. vs. Royal Caribbean Cruises LTD, K.T., the minor plaintiff, alleged she was raped by a group of adult male passengers, on the first night of the cruise. The men plied her with alcohol and eventually led her to a cabin where she was both assaulted and gang-raped. She filed suit alleging that Royal Caribbean was negligent for failure to warn passengers of the danger of sexual assault on a cruise ship, and for failing to act to prevent the assault. The district court dismissed the complaint about the failure to state a claim.
However, on appeal, “the Eleventh Circuit reversed and held that the complaint sufficiently alleged that because Royal Caribbean’s crewmembers did nothing to prevent the large group of men from plying plaintiff with enough alcohol to incapacitate her and did nothing to stop those men from leading her away to a private cabin, Royal Caribbean breached the duty of ordinary care it owed her. Furthermore, but for Royal Caribbean’s breach of its duties of care to the plaintiff, she would not have been brutalized and gang-raped.” (K.T. v Royal Caribbean, 2019)
So, what do you do if you are the victim of a serious crime on a cruise ship? There is no formal law enforcement onboard these ships, only security personnel, and conflict resolution is the usual operating standard when they are confronted with a problem. The limitations of these security officers are further exacerbated if the alleged incident involves a ship’s personnel where a definite conflict of interest is present. Furthermore, the ship’s security officers are the only ones who investigate a crime while the ship is at sea and until it docks in a port.
There are many regulations and restrictions in place and a strict statute of limitations, which may affect a victim pursuing a claim against a cruise line. “It is important to file a claim within the specified period of time or the right to do so will expire.” (Malkin, 2019) One must first file a claim that outlines the nature of the complaint, along with a party’s intent to file suit. The filing of the subsequent suit must occur within one year of the time of the alleged incident, and it must be brought to the proper venue. Notice of claims and lawsuits must be filed timely or the dismissal of the said claim is foregone.
The victim will need the services of a lawyer to help prove a case that the cruise line is liable. Were there previous warnings about a passenger or crew member that the ship ignored? Were there dangerous conditions that led to an assault? Was the assault triggered by excessive alcohol consumption or drug use? There is often excessive drinking on cruise ships but there is also an excessive serving of alcohol aboard cruise ships, too. There are no Dram Laws in place aboard cruise ships. If a passenger can prove that she was intentionally overserved alcohol or that the staff knew the passenger was underage and still served her more, that helps the case.
If a passenger is assaulted on a ship, there are measures that need to be taken immediately thereafter:
- Do not bathe or take a shower until after you have been examined by medical personnel. Keep your clothing/bedding in a paper bag until the FBI or Coast Guard arrive on the scene.
- Immediately report the assault to the ship’s security.
- Seek treatment of physical injuries by the ship’s infirmary and have a rape kit examination, if possible.
- Report the assault, via telephone, to the FBI and the U.S. Coast Guard immediately.
- Record the names of the perpetrator(s), ship’s security officer(s), witnesses.
- Record the contact information for anyone who may have heard or seen the assault (cabins next door, for instance).
- Take photos of any injuries sustained and of the scene of the assault, if possible. When arriving at the next port of call or your home port, the FBI and/or local lawenforcement should be there to meet the ship. You should then seek treatment at the nearest rape center.
- Seek legal counsel from lawyers who specialize in cruise ship law. It is not enough to hire local counsel because of the restricted time frames and venues for filing. (Leesfield, 2020)
The dream of a luxurious cruise or the excitement of a fun weekend jaunt on a cruise ship remains the highlight of many vacationers. There are those, too who have yet to set sail, but long to do just that. Thousands of passengers embark and disembark cruise ships and they return home with beautiful photos, suntans, souvenirs and fabulous memories. However, for some, becoming the victim, whilst on a cruise, is a nightmare from which many have difficulty in removing from their psyches.
Knowing exactly what precautions to take, prior to boarding, can reduce the chances of becoming such a victim. Cruisers need to understand what rights are afforded to those who purchase tickets. It is important to refrain from excessive alcohol consumption and of letting one’s guard down, so much so, that one is put more at risk for the potential of assault or other crime being perpetrated against you.
In addition to the contractual agreement on the ticket, the parties are subject to maritime law, which is different than the laws followed on land. Maritime law encompasses all activities, offenses and crimes that occur on water vessels. If you do become the victim of a crime, follow the guidelines listed above and be sure to retain good legal counsel upon your return home.
Lawmakers continue to make progress to help strengthen passengers’ rights aboard cruise ships and to rightfully increase cruise ships’ liability when it is proven they are at fault by failing to provide reasonable care. Passengers need to hold these lawmakers to account to ensure that they have all of the legal protections afforded to them to prevent criminals from getting away with the seemingly perfect cruise ship crimes.
References
Bratslavsky, Andrew. “MANDATORY ARBITRATION OF SEXUAL ASSAULTS IN MARITIME LAW.” St. Thomas Law Review, vol. 31, no. 2, Spring 2019, p. 198+. GaleAcademic OneFile Select, https://link.gale.com/apps/doc/A613923761/EAIM?u=miam11506&sid=EAIM&xid=6cb7c30c. Accessed 1 Dec. 2020.
Congress.gov.2019. H.R. 5096: Cruise Passenger Protection Act – Congress.Gov. [online] Available at < https://www.congress.gov/bill/116th-congress/house-bill/5096/all-info/> [Accessed 10 December 2020]
“Cruise Ship Sexual Assault Cases Reportedly on the Rise.” Cruise Guide, 1 Dec. 2019, p. NA. Gale Academic OneFile, https://link.gale.com/apps/doc/A618527055/AONE?u=miam11506&sid=AONE&xid=5fccc5ca. Accessed 1 Dec. 2020.
Davis, J. B. (2020, Jun). ROUGH SEAS. ABA Journal, 106, 34-39. Retrieved from http://ezproxy.fiu.edu/login?url=https://www-proquest-com.ezproxy.fiu.edu/magazines/rough-seas/docview/2425609820/se-2?accountid=1090110gop.gov. 2020. H.R. 3360: Cruise Vessel Security And Safety Act – Gop.Gov. [online] Available at: <https://www.gop.gov/bill/h-r-3360-cruise-vessel-security-and-safety-act/> [Accessed 10 December 2020].K.T. v. Royal Caribbean Cruises, Ltd., 2020 U.S. Dist. LEXIS 51354 (S.D. Fla. 2020)
Leesfield, Ira H., and Adam T. Rose. “Assault at Sea: Here’s an overview of what claims to pursue and what to seek in discovery when your client was sexually assaulted on a cruise ship.” Trial, vol. 56, no. 7, July 2020, p. 40+. Gale Academic OneFile Select, https://link.gale.com/apps/doc/A631438725/EAIM?u=miam11506&sid=EAIM&xid=0ab63 93f. Accessed 1 Dec. 2020.
Malkin, E. (2019, April 19). Report of Sexual Assault on Cruise Ship Shows Gaps in International Law. Retrieved December 01, 2020, from https://www.nytimes.com/2019/04/19/us/cruise-ship-crimes-laws.html
“Sexual Crimes on Cruise Ships: A Historical Perspective on Security Issues for Passengers andCrew,” Tourism and Society: A Socio-Economic Perspective (ed. A. Pappathanassis), Heidelberg: Springer Verlag, pp. 141-151. Transportation.gov. 2020. Cruise Line Incident Reports | US Department Of Transportation. [online] Available at: <https://www.transportation.gov/mission/safety/cruise-line-incident-reports> [Accessed 1 December 2020].