Cruise Ship Sexual Assault And Rape Laws

Gerson & Schwartz, P.A. is widely recognized as one of the nation’s leading maritime law firms representing victims in cruise ship rape and sexual assault cases. Founded by Philip M. Gerson in 1970, the firm brings more than 100 years of combined legal experience advocating for passengers and crew members who have been victims of crime at sea. The firm regularly handles claims against major cruise lines, including Carnival Cruise Line, Royal Caribbean International, Celebrity Cruises, Norwegian Cruise Line, Princess Cruises, Virgin Voyages, and MSC Cruises.

The firm’s work both in and out of the courtroom has earned national and international recognition, including honors from Super Lawyers, Best Lawyers in America, and U.S. News & World Report Best Law Firms for Admiralty and Maritime Law. Gerson & Schwartz also holds Martindale-Hubbell’s AV Preeminent rating and accreditation from the Better Business Bureau. The firm’s attorneys are known for aggressive, results-driven advocacy, including more than 350 jury trials taken to verdict.

Senior Partner Philip M. Gerson, a former Board-Certified Civil Trial Lawyer, leads one of Florida’s most respected cruise ship crime litigation practices. In 2009, he testified before the U.S. Senate Committee on Commerce, Science, and Transportation in support of federal legislation that contributed to the passage of the Cruise Vessel Security and Safety Act.

The Cruise Vessel Security and Safety Act of 2010, signed into law by Barack Obama and codified at 46 U.S.C. § 3507, established critical safety requirements and reporting requirements for cruise lines operating in U.S. waters. These protections include:

• Mandatory video surveillance in key areas of the vessel
• Public reporting of alleged crimes
• Preservation of forensic evidence
• Availability of sexual assault forensic examination kits
• Improved access to shoreside law enforcement for victims

For more than five decades, Gerson & Schwartz, P.A. has remained at the forefront of maritime litigation, representing victims of serious crimes, including rape and sexual assault aboard cruise ships. As the cruise industry has grown, the firm has continued to advocate for the rights of injured passengers and crew members, combining deep maritime knowledge with a proven record of courtroom success.

Unfortunately, most people who read this have likely experienced some form of rape or sexual assault on a cruise ship. This isn’t the kind of research that folks do when they are looking to book a cruise. However, understanding of the cruise ship rape and sexual assault laws is crucial. The best lawyers in Miami would urge potential cruise ship guests to be fully informed before any incident happens to them or a loved one.

At Gerson & Schwartz, P.A. in Miami, our cruise ship rape or sexual assault lawyers will speak to you for free before, during or after your cruise and answer any questions that you may have about the law on sexual assault and rape on a cruise ship. 

There is no specific federal governmental agency that regulates or controls cruise ship customer service complaints or issues. The Federal Maritime Commission provides assistance to passengers of cruise ships as well as additional resources from other governmental departments and agencies.

The Department of Transportation also publishes information from the various agencies that impact cruise ship passenger issues such as the US Coast Guard, the Federal Bureau of Investigation (FBI), and the afore-mentioned Federal Maritime Commission. The most important source of information provided by the Department of Transportation are the cruise line incident reports. These reports became mandatory because of the Cruise Vessel Security and Safety Act of 2010.

A criminal act such as rape, sexual assault or harassment that occurs on a cruise ship has the potential to be a complex matter involving jurisdiction, choices of laws, strict liability and statutory rape. That is why it is so important to consult with an experienced cruise ship lawyer who has represented clients who have been injured and violated on a cruise ship. A clear understanding of cruise ship rape and sexual assault laws can make a critical difference in navigating these legal complexities and protecting victims’ rights.

Most cruise ship tickets restrict any lawsuits against the cruise ship company to being brought in the federal courts in Miami. This venue selection is contained within the terms and conditions of the ticket when purchased. Therefore, it is always recommended that victims of sexual crime on a cruise ship contact a Miami cruise ship attorney.

As for criminal prosecution, an alleged criminal who commits a crime aboard a cruise line may be prosecuted in Florida State Court, in certain circumstances, or in Federal Court.

Federal law, under Title 18 United States Code, Chapter 7, provides for special maritime jurisdiction when a criminal act is committed in a place outside the jurisdiction of any nation against or by a U.S. citizen. This Code also applies to foreign vessels that have a US departure or arrival port.

When a sexual assault or rape happens on a cruise ship and the victim wants to pursue civil damages, the first issue is who to sue and where. As previously mentioned, most cruise ship contracts require any lawsuit against the cruise ship company be filed in federal court in Miami.

The identity of the criminal assailant also impacts the cause of action the victim may be entitled to bring. If the individual who committed the sexual assault or rape was a crew member of the cruise ship, then strict liability applies. What that means is the victim is not required to prove intent or negligence only that the act took place.

If a crew member sexually assaults, rapes or commits some other act against anyone on a cruise ship, then the cruise ship company is strictly liable for the actions of its employees and crew members. If you or a loved one suffered a sexual crime by any crew member, then the cruise ship would most likely be strictly liable and responsible for those actions. Understanding cruise ship rape and sexual assault laws is essential for knowing your rights and holding cruise lines accountable for the misconduct of their employees.

Another form of criminal assault or rape that could give rise to strict liability is statutory rape. Statutory rape includes of any type of sexual actions involving a minor child under 16 years of age. When a child is below the age of 16, the law regards the child as legally incapable of providing consent. Thus, the actions are regarded as a strict liability criminal acts. If a crew member engages in sexual acts with a minor under the age of 16, then the cruise ship will most likely be held to be strictly liable for the crew member’s actions once the conduct is established.

If the cruise ship rape or sexual assault involves another passenger, the same criminal jurisdictional decisions apply as with a crew member. But the civil considerations may be different. The civil liability of the cruise ship for a passenger on passenger sexual assault or rape will involve extensive investigation. Understanding how cruise ship rape and sexual assault laws apply in both criminal and civil contexts is essential for protecting victims’ rights and determining legal responsibility.

Cruise ships may be responsible where the assailant had committed other acts onboard and the cruise ship did nothing even though they had notice that this was a dangerous individual. Another area of potential liability is where the cruise ship created a danger by overserving alcohol. Only after an in-depth investigation will your defense team be in the position to advise you on the potential areas of recovery.

If you or a loved one was sexually assaulted or raped while on a cruise ship, the single worst thing you can do is to do nothing. You could be placing yourself and others at risk. The criminal assailant is not being held accountable. Don’t be a silent victim. Contact Gerson & Schwartz, P.A. today at (877) 475-2905  or through our secure online form for your free and confidential consultation when we can answer your questions.