Cruise Ship Passenger Pleads Not Guilty of Strangling His Ex-Wife & Throwing Her Overboard

In a disturbing case we have covered over the years, U.S. lawyer, Lonnie Loren Kocontes, entered a plea today of not guilty in the strangulation death of his ex-wife, Micki Kaneski, during a cruise off of the Italian coast seven years ago.

This case seems to stand in stark contrast to the cruise industry's claim that murders don't occur on cruise ships.

Kocontes met Kanesaki in the 1990s at a Los Angeles law firm where he worked as an attorney and she worked as an administrative assistant. They later married in 1995. 

Kacontes Cruise MurderKocontes was fired from his job after he was arrested in 2000 for charges of sexual contact with a minor that were later dismissed. In 2001, they divorced to protect their assets from civil litigation. They continued to live together, but their relationship deteriorated.

In May 2006, the couple vacationed in Italy and sailed aboard the Island Escape cruise ship. On May 26, 2006, the cruise ship was sailing between Sicily and Naples, when Kanesaki went overboard. Her body washed ashore the next day in Calabria in southwest Italy. An autopsy was performed. An Italian medical doctor concluded that she had been strangled before she went overboard.

Kocontes claims that Kanesaki left the cabin around 1 a.m. to get a cup of tea. Kocontes reported her missing after he woke up and claims he couldn’t find her. Italian police boarded the ship, seized records and videotapes and took statements from the crew.

Prosecutors say that Kocontes strangled Kaneski to death on board the ship and then threw her overboard.

Kocontes later began transferring more than $1 million from Kaneski’s bank accounts into joint accounts he held with his new wife. That prompted the FBI to begin seizure efforts which were dismissed by a federal judge in California.

The Orange County Register covered the story back in 2006, and quoted Kanesaki’s mother saying that her daughter was in good spirits before the cruise. ‘‘I can’t imagine what happened to her. There’s no reason to believe it was a suicide.’’

A newspaper in Italy published an article "The Perfect Murder."

The case reminds me of the murder of Karen Roston by her husband Mark Roston aboard Admiral Cruises' Sundancer some 20 years.

Guilty Plea Entered in Murder of Cruise Ship Passenger in Antigua

Nina Elizabeth NilssenOver three years ago, a U.S. cruise passenger, Nina Elizabeth Nilssen, age 30, was murdered while vacationing in Antigua near the English Harbour / Falmouth area. She had been cruising with her parents, an uncle and aunt, sister and brother-in-law aboard the Royal Clipper, a tall masted ship operated by Miami based Star Clippers. 

The murder was terribly tragic as she was ashore with her family to attend the marriage of her sister. 

A 27-year-old man, Tishara Daniel, was arrested for attacking Ms. Niessen and stabbing her in the neck while she was walking near Windward Bay Beach in Pigeon Point.

Yesterday he pled guilty to the murder. He will be sentenced on July 5 for the crime. 

The cruise line pulled out of Antigua following the crime but returned five months later.  

You can read our prior articles about the crime and ensuing events here.

Celebrity Crew Member Arrested for Cruise Ship Theft

HuanHuan Shen Celebrity Cruises Eclipse TheftThe Broward County Sheriffs Office has posted a mug shot of a 27 year old Celebrity Cruises crew member arrested over the weekend on two counts of charges of grand theft (over $300 and less than $5,000).

According to the Sun Sentinel newspaper, HuanHuan Shen was arrested when the Celebrity Eclipse cruise ship returned to Port Everglades on Saturday. He is accused of stealing cash from two crew members who he shared a cabin with on the cruise ship.

The newspaper states that Shen opened safes in his cabin and took $4,600 belonging to cabin mate Yang Zhang and $3,300 from cabin-mate Zhibao Dong for a total of $7,900.

Most Chinese ship employees on Celebrity cruise ships are employed in the laundry department earning only around $1,000 a month. 

Its good to see a local sheriff's office involved in responding to cruise ship theft like this. Under federal law, cruise lines are not even required to report a theft of under $10,000. The FBI will not even respond to reports of cruise ship thefts of under $10,000. Unless a local law enforcement entity gets involved, crew members can steal from passengers and other crew members and know that the worst that will happen is they may be fired and sent home.      

The Eclipse was last in the news when 55 passengers were held up at gun point in St. Lucia ten days ago.  

Are You Cruising with a Wanted Felon? Five Passengers Arrested on Carnival Magic in Galveston

The Houston Chronicle has an interesting article about five passengers arrested in Galveston when a cruise ship returned to port.

The passengers were on the Carnival Magic cruise ship and were arrested because they all has outstanding criminal warrants. Three women and two men were arrested and handcuffed and taken to jail in Galveston.

The criminal offenses included forgery, felony tampering with government records, and felony property Carnival Magic Cruise Shipdamage. 

The arrests took place after the U.S. Customs and Border Protection (CBP) ran the names from the cruise passenger manifest through various databases. If outstanding warrants are located, the CBP will make an arrest once the cruise ship returns to port after the cruise. 

Arrests like this are common, according to the director of the port in Galveston, although five on one cruise ship is higher than normal. 

I have always wondered why these checks are not conducted before the ship sails so that the arrests take place before the cruise. Otherwise it sounds like most families will find themselves cruising with one one or two criminals with outstanding warrants.

 

Photo Credit: Wikipedia / Thomas Doerfer     

Another Cruise Crime Alert in the Bahamas!

Cruise Ship Crime Nassau BahamasYesterday it was announced at the marketing debut of Royal Caribbean's Quantum of the Seas, that one of the ports of the new cruise ship would be Nassau in the Bahamas when it was launched in 2014.  My first reaction was that Nassau was a dangerous location to host the new Royal Caribbean cruise ship.

Well today, there is a headline in a newspaper in the Bahamas "Cruise Ships Warn on Crime."  

The newspaper reports that cruise executives have met with Bahamian officials about crime levels in New Providence, and in particular downtown Nassau, escalating at a pace which is no longer safe for passengers. The concern was not just crime affecting passengers but crew members as well. 

From what we hear from cruise passengers who cruise to Nassau, it is not a particularly safe place to visit.  

We have written several articles about the crime problem in Nassau, including the rape of young women who go into the bars near the port.

U.S. State Department: Crime In Nassau, Bahamas Is Critical

Cruise Passenger Beaten and Raped in Nassau - Are Royal Caribbean and Senor Frog's to Blame?

Eleven Cruise Passengers Robbed in Nassau

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Bahamas Cruise Crime Nightmare Continues

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

 

Image Credit: Tribune 242  

Here We Go Again: 55 Celebrity Cruise Passengers & 2 Crew Members Robbed at Gun Point in St. Lucia

Cruise Critic reports that 55 cruise passengers and two crew members from the Celebrity Eclipse were robbed at gunpoint by three men on Friday, April 12 2013 while in St. Lucia. 

Celebrity Cruises issued a statement indicating that passengers were visiting the Botanical Gardens in Soufriere at the time of the robbery and were on two Celebrity-sponsored shore excursions, "Breathtaking Soufriere and Warm Mineral Baths" and "Land and Sea to the Pitons."  Passengers were traveling on the same bus.

Celebrity Cruises EclipseCelebrity states that "none of our guests were injured in this unfortunate event," but Cruise Critic states that passengers reported that "one woman fell and broke her leg."

No one is talking about the potential emotional trauma and psychological effects of the armed robbery.  

All the cruise passengers aboard the bus had their money and jewelry taken.

Cruise passengers to St. Lucia have been targeted in St. Lucia the past. We have written articles about the crime problem in that island: 14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia.

The problem got so bad that NCL dropped the island for its 2010 to 2012 schedule. Read Norwegian Cruise Line Drops St. Lucia.

Robbing passengers on cruise-sponsored bus excursions is hardly rare. In 2010, 17 Celebrity cruise passengers were robbed in a bus by gunmen in St. Kitts.  "Robbing cruise passengers in bulk" in the Caribbean islands and Mexico is not uncommon and I have written about it: Robbing Cruise Passengers in Bulk - Yes, It Happens!   

I wonder whether Celebrity provided any warning to its guests about the problem with cruise passengers being targeted for armed robbery in St. Lucia and other Caribbean islands? 

If you have info about this latest crime, please leave a comment below or join the discussion on our Facebook page.

April 14 2013 Update: A video from a local news station in St. Lucia is below.  You will hear tourism officials stating that they told the cruise passengers that such incidents against tourists are "rare," St. Lucia Celebrity Cruise Crime Victimswhich is obviously untrue if a major Miami based cruise line like NCL pulled out in 2010. 

The U.S. national media has picked up the story with Fox News carrying a AP story which mentions the incident. Not much information except the St. Lucia tourism people already hard at work. The article quotes St. Lucia Tourist Board Chairman Mathew Beaubrun portraying the robbery as a "rare incident."  Damage control is underway.

April 15 2013 Update: USA TODAY assists in the PR damage control, repeating the St. Lucia talking point that crime in that country is "rare."

Several newspapers are reporting that the police on St. Lucia have arrested one or more of the men involved in the robbery. Fox News says that the police arrested one of "four masked men armed with homemade shotguns and pistols held up the passengers from Celebrity Cruise."  The Times mentions that three men were arrested.

April 20 2013 Update: I stumbled across a discussion on the Cruise Critic site where just 2 months ago passengers from the Celebrity Eclipse were accousted by a man ashore with a knife which sparked a discussion about crime in St, Lucia.  Meanwhile the cruise line and the PR people on the island are saying that such crime is rare. Read our article Liar, Liar Pants On Fire? St. Lucia Tourism Denies Prior Armed Robbery of Cruise Passengers.

Photo Credit: DBS TV St. Lucia via the Times
 

 

 

Photo Credit: Wikipedia /  Jonathan Schilling

Murder Aboard Royal Caribbean's Enchantment of the Seas?

Enchantmemt of the Seas Cruise Ship MurderLast night I received an email from a person who follows cruising who received information that there may have been what is being described as a "murder / suicide" on an unidentified Royal Caribbean cruise ship. There was a vague posting of the alleged incident on the Disney boards

This morning I received another email from a passenger who just disembarked the Enchantment of the Seas cruise ship.  The person's email is as follows:

"Just got off Royal Caribbean Enchantment of the Seas. They were detaining everyone on the 7Th floor and the police were there collecting statements. The crew wouldn't say what was going on but other passengers said there was a murder/death on the 7th fl. Post if you hear anything about it."

My understanding is that the Enchantment OTS is moored in Baltimore at the moment.  

Enchantment of the Seas Cabin 7110If you have any information about this alleged incident, please leave a message or post a comment on our Facebook page.

Update March 25 2013:  I received the following information this morning from a person who wishes to remain anonymous:

The deceased person is reportedly a woman in her 60's who allegedly was found on the floor by her husband.    

She reportedly had fallen inside the cabin earlier the same evening and hit her head and went to bathroom where she fell again this is when husband called for help. Nurses arrived to the cabin to attend the situation however she was pronounced dead at 5 AM.

(Please note that I cannot verify any of this information or any comments below). 

The cabin was thereafter sealed at some point until arrival into port where investigations will begin.

We were also provided with a copy of a photo of the door of the cabin in question which shows a plexi-glass cover over the key hole and key card slot with a lock around the handle.  

The FBI has told news stations in Baltimore that there are "suspicious undertones" surrounding the death.

A local CBS news station in Baltimore aired a short video on the investigation.

March 28, 2013 Update: The AP is reporting that an "autopsy shows that a Virginia woman found dead aboard a Royal Caribbean cruise ship died of natural causes.

FBI spokesman Rich Wolf has identified the woman as 64-year-old Katherine Kennedy, of Midlothian, Va. He says Kennedy died of heart disease.

Her husband found her dead Sunday in her cabin on the Enchantment of the Seas cruise ship. FBI agents met the ship when it arrived in Baltimore on Monday to begin investigating the unexplained death.

Wolf says Kennedy also had a laceration on her forehead, but authorities determined that she got the cut when she fell down. They said it had nothing to do with her death."

Photo Credit:

Top: Rageousgtx at en.wikipedia

Bottom: Anonymous

Murder in Antigua: Store Employee Shot in Cruise Tourism Zone Heritage Quay

Yesterday evening I received a tweet from a Twitter friend in Antigua: "several cruise passengers witnessed a day light killing in the tourism area of #antigua today." Later I was told that an "attempted robbery at one of the shops led to a gunman shooting the woman in the head. She died on the spot around 1.30."

This morning the Antigua Observer covered the sad story: Mother of 5 Gunned Down in Heritage Quay

The newspaper says that "a 38-year-old mother of five was gunned down in broad daylight yesterday – the latest in an alarming spate of shootings and robberies across the country." The victim was working as a sales person at First Gadget Electronic Store on Thames Street.

The store is located in the heart of St John’s within the cruise tourism zone Heritage Quay.

Antigua - Cruise IndustryAntigua has had its share of violence and crime in areas frequented by cruise passengers. Last month an altercation between a store owner and cruise passengers escalated into a highly publicized fight between the cruisers and the police in St. John's.   

More serious incidents over the last few years involved a young woman from a cruise ship being murdered ashore, cruise passengers attacked and robbed (ironically while tourism and cruise officials were meeting to discuss the issue of safety of cruise visitors in Antigua) and six cruise passengers from Brooklyn arrested after disputing a cab fare and getting into a fight with the local police.

Caribbean countries like Antigua have  precarious relationships with the cruise lines. Some cruise lines temporarily stopped calling in Antigua following the murder of a passenger from the Star Clippers in 2010.

In 2009, Carnival suddenly pulled out of Antigua - Carnival Drops Antigua Like A Hot Potato.

The murder of the store employee in the tourist area comes at a time when Antigua announced that it formed a new police unit to protect tourists from crime and its tourism officials announced that they were optimistic about attracting tourists to the island notwithstanding the increase in violent crime.

The police and government officials are involved in trying to deal with the PR fall-out in the tourism sector. There is a reward offer of $50,000 for info leading to the arrest of the gunman and there is talk about asking for the death penalty (public hangings).

Tragic incidents like this will continue to make the local citizens frightened, and continue to plague the island's relationship with the big Miami based cruise lines that unload thousands of people into Heritage Quay. 

  

Photo Credit: vibesantigua

Lawyer Arrested for Allegedly Strangling & Throwing Wife Off Cruise Ship

Lonnie KocontesLonnie Kocontes, age 55, was arrested last week on a murder warrant in the death of his ex-wife, Micki Kanesaki, who went overboard from an Italian cruise ship seven years ago.

Kocontes, a lawyer licensed in California, was arrested in Florida where he was living. He was booked into into the Pasco County Jail where he is being held without bail. 

He is charged with one count of "special circumstances murder for financial gain." 

Kocontes met Kanesaki in the early 1990s at a Los Angeles law firm where he worked as an attorney and she worked as an administrative assistant. They later married in 1995.

Kocontes was reportedly fired from his job after he was arrested in 2000 for charges of sexual contact with a minor that were later dismissed. In 2001, they divorced to protect their assets from civil litigation. They continued to live together, but their relationship deteriorated. 

In May 2006, the couple vacationed in Italy and sailed aboard the Island Escape cruise ship. On May 26, 2006, the cruise ship was sailing between Sicily and Naples, when Kanesaki went overboard. Her body washed ashore the next day in Calabria in southwest Italy. An autopsy was performed. An Italian medical doctor concluded that she had been strangled before she went overboard.

Kocontes claims that Kanesaki left the cabin around 1 a.m. to get a cup of tea. Kocontes reported her missing after he woke up and couldn’t find her. Italian police boarded the ship, seized records and videotapes and took statements from the crew.

Island Escape Cruise ShipProsecutors say that Kocontes strangled Kaneski to death on board the ship and then threw her overboard.

Kocontes later began transferring more than $1 million from Kaneski’s bank accounts into joint accounts he held with his new wife. That prompted the FBI to begin seizure efforts which were dismissed by a federal judge in California. 

The Orange County Register covered the story back in 2006, and quoted Kanesaki’s mother saying that her daughter was in good spirits before the cruise. ‘‘I can’t imagine what happened to her. There’s no reason to believe it was a suicide.’’ 

A newspaper in Italy published an article "The Perfect Murder." 

The case reminds me of the murder of Karen Roston by her husband Mark Roston aboard Admiral Cruises' Sundancer some 20 years ago.

 

Photo Credit: VIP.it

Sex Attack Alleged On Carnival Cruise Ship

Carnival Cruise Ship RapeJust when you think that things could not get any worse for Carnival, news is just breaking that authorities are investigating what is being characterized as a "sex attack" on a Carnival cruise ship. 

A newspaper in the Bahamas is reporting that a team of of detectives from Nassau to Galveston, Texas yesterday to investigate an alleged sexual assault that occurred on a Carnival cruise ship.

The newspaper identified the cruise ship as the Triumph, which has remained in the headlines after it caught fire and had to be towed back to port.  However, the Bahamas Maritime Authority (BMA) reportedly stated that the incident did not involve the Triumph.  The BMA said that it was investigating a Bahamian registered vessel but not the Triumph. The BMA did not even acknowledge that they were investigating a cruise ship. 

The country of the Bahamas is responsible for investigating fires and collisions as well as crimes which occur on cruise ships flying the flag of the Bahamas.

Here's what the Bahamian newspaper is reporting: 

While the Bahamas Maritime Authority is leading the investigation into what caused the fire, detectives from the Royal Bahamas Police Force are also investigating a sexual offence claim, Assistant Commissioner of Police Anthony Ferguson said yesterday.

“We send some officers to Texas to head up the investigation. The ship is a Bahamian Flag Ship so wherever something happens we have to tend it. The officers went over there this morning and should be back sometime tomorrow. They are investigating a sexual offence matter that happened on the cruise. We should have some more information tomorrow on the matter.”

A statement is also expected from the Maritime Authority, according to London Representative Dwain Hutchinson. He said an investigation is underway and a statement will be released to the press “soon.”

Carnival flags six of its ships in the Bahamas, including the Destiny, Fascination, Imagination, Inspiration, Sensation and the Triumph.

Sexual assaults on cruise ships are one of the cruise industry's nastiest secrets.  We have attended several Congressional hearings which have studied the problem. There has been expert testimony before Congress that the risk of being raped at sea on a cruise ship is twice that of being attacked ashore.  

February 18, 2013 Update:  Carnival say that the incident but it does not appear to be related to any Carnival ships.

Seven Tourists Raped in Acapulco: What is the Cruise Industry's Spin?

The news reports out of Mexico are shocking.

Six women from Spain vacationing in Acapulco were bound and raped by a gang of five men who burst into their holiday rental. Their male friends were gagged and bound by telephone cords and robbed.  

One news source said the mayor of Acapulco did not help matters with a statement saying no big deal: “It is unfortunate, but it happens anywhere.” 

Mexico - Cruise Ship ViolenceThis is the last thing Mexico's tourism industry needs.  

Although none of the tourists arrived by cruise ship, the issue remains whether traditional cruise ports in Mexico are safe for travel. 

Last year I wrote an article Mexican Violence: Does Anyone Cruise to Acapulco Anymore?  I chronicled the violence, murders, robberies and assorted mayhem in the Mexican ports of call.

The Mexican tourism industry, the cruise lines which sail to Mexico, and the expatriated Americans living south of the border will say that such incidents are rare, but read my article and judge yourself before you drink their Kool-Aid.  

I'd be tempted to sail in Europe or to Alaska, but I wouldn't be caught dead sailing to Acapulco.   

Join the discussion of the issue on our Facebook page

 

Photo Credit:

Agence France-Presse/Getty Images via Wall Street Journal's Mexico Tourism Feels Chill of Ongoing Drug Violence

Alleged Rapist Arrested Aboard Royal Caribbean Cruise Ship

Brian DenbyOne of the topics I harp on here at Cruise Law News is the danger of having a sexual predator sailing in the next cabin to you while you enjoy a vacation cruise.  

Cruise ships of course do not screen passengers to determine whether they are sexual predators. The local port officials and sheriff's offices can easily perform background checks like this but they usually don't bother to conduct the checks until the cruise ships are at sea and then it's too late to arrest the undesirables before they can attack someone on the cruise.   

Today we have another example of why it is prudent not to trust the friendly man who is sailing next to your family's cabin.

WSVN-7 reports today that the police arrested a 30 year old man who allegedly sexually assaulted two underage teenage girls outside a South Florida shelter.  The news station states that Brian Denby was arrested after arriving back at the Port of Miami from a cruise this morning.

Three weeks ago, according to police, Denby was walking by a shelter for victims of abuse called "Kids in Distress." After talking to two teen girls who live at the shelter, he hopped the fence sexually abused the two girls. The police released his sketch and after a tip came in the officers were able to identify Denby.

The news station reports that Denby was on vacation on a Royal Caribbean cruise in the Bahamas. When the cruise ship arrived back to the Port of Miami today, the police and federal officials boarded the ship and arrested Denby.  He is in jail in Broward County charged with several counts of lewd and lascivious battery.

Photograph courtesy of Broward County Sheriff's Office via CBS News.

 

Bad Times Aboard the Fun Ships: Passenger Alleges Rape Aboard Carnival Victory Cruise Ship

A lawsuit recently filed here in Miami illustrates the danger of cruise ship rape which most families who cruise do not realize.

The lawsuit filed last week alleges that Carnival served a young woman two margaritas, a Mojito and three double vodka drinks. Weighing only 118 pounds, the passenger was visibly intoxicated but the Carnival bartenders kept pouring drinks to the woman and her friends, one of whom was so drunk that she vomited on her.

Carnival crew members and officers were observed openly fraternizing and drinking alcohol with women in the ship's bar and disco club. The lawsuit alleges after the woman was intoxicated, two Carnival Cruise Ship - Rape - Sexual Assaultupper level Carnival ship employees, both large men, physically pinned down the wrists of the petite, small framed woman and took turns raping her. One Carnival employee sodomized her. The lawsuit states that the two men humiliated the woman and laughed at her when she resisted and protested.  

The theory of liability against Carnival is that the cruise line routinely over-serves alcohol to its passengers in order to increase profits and it does not maintain an adequate level of security to protect women on its cruise ships. While Carnival encourages excessive alcohol consumption, it does not enforce its alleged "zero tolerance" policy against crew - guest fraternization. In addition to the negligence allegations, the lawsuit asserts that the cruise lines is vicariously and strictly liable for the criminal conduct of its employees.

We first mentioned the incident last March - Was a Passenger Sexually Assaulted on the Carnival Victory?

The correlation between excessive alcohol and sexual violence against women is a topic we have discussed often here on this blog. 

Serving a young women what turns out to be 9 drinks, permitting crew members and officers to mingle with the drunk women in the disco, and providing no real security or warnings to passengers about the risk of being raped is a recipe for disaster.

Carnival nonetheless continues to aggressively advertise the sale of virtually unlimited booze. Just recently Carnival announced that it would impose a "limit" of 15 alcoholic drinks as part of its all-you-can-drink package. Of course fifteen (15) drinks is no limit at all.  

If a bar or restaurant served a woman 10 or 15 drinks and then employees of the restaurant raped the guest, the local police would probably end up arresting the bartenders and restaurant owner in addition to the employees who committed the crime. But on Carnival cruises, this seems to be part of the "fun ship" experience.

In 2006, I attended a Congressional hearing where a subcommittee listened to testimony where bartenders of Carnival-owned Costa Cruises served a 15 year old girl 10 drinks. A newspaper in Ireland wrote that in a period of 45 minutes the 15-year-old girl "was served 10 drinks in a bar on the cruise ship, two Sex on the Beach, four Woo Woos, two vodka and mixers, a shot of vodka and liqueurs." The young girl went overboard while trying to vomit over the railing. She has never been found.    

If you are a woman sailing on a cruise ship, watch how much you drink. Bartenders earn their living on tips and the food and beverage employees are under pressure to meet drink quotas. If you drink too much, stay with your friends. If you are a parent with teenage daughters, don't think that the cruise line will strictly enforce a drinking age of 21 or that it is safe to leave your children unattended. 

Stonewalling at Sea - Cruise Lines Continue to Cover Up Disappearances on the High Seas

The disappearance of passengers and crew members at sea is one of the cruise industry's real problems.  The problem is compounded by the tendency of the cruise lines to place their reputation as a priority rather than providing information to the grieving families.  If the evidence tends to suggest that a crime occurred, or the circumstances involve facts that may place the cruise lines in an embarrassing light, the cruise lines suppress the information.

Most investigations fall to the country where the cruise ship is registered, such as countries like the Bahamas or Bermuda. These countries depend on the revenue generated from the cruise lines and assist the cruise lines in covering the true facts up.

The video below provides a look into cover-ups alleged against Celebrity Cruises, Disney Cruise Line (the Magical Company) and Holland America Line.   

January 7, 2012 Update: Follow the discussion on Facebook: What's more important to the cruise lines when someone disappears on the high seas?

A. The truth, or
B. The cruise line's reputation?

 

No Arrest After Cruise Passenger with Service Dog is Attacked Aboard Royal Caribbean's Vision of the Seas

The popular online community Cruise Critic reports today on a disturbing incident where a 59-year-old passenger attacked another passenger who had a service dog with him aboard Royal Caribbean's Vision of the Seas on December 20th. 

The article is based primarily on comments by Cruise Critic member "Bloemerl" who posted:

"My heart goes out to our new found friend and his service dog Freedom. He was viciously attacked late at nite while getting a pizza in the Solarium. He was beaten because a man could not respect service dogs and felt Freedom should not be on board." (The photo to the right is not of Freedom).

Service Dog - Disabled - Cruise ShipAlthough Royal Caribbean confirmed the incident occurred, the cruise line disembarked the passenger in Antigua rather than detaining him to be arrested by the FBI when the cruise ship returned to port in Fort Lauderdale.

A spokesperson for Royal Caribbean told Cruise Critic that the attacker was disembarked for being in violation of the line's "guest conduct policy."  

Royal Caribbean claims that it reported the assault and battery to local law enforcement in Antigua "as well as to the Broward Sheriff's Office in Florida." Remarkably, there is no mention of a report to the FBI which has jurisdiction over crimes on the high seas involving U.S. citizens. The FBI can make an arrest where the victim and/or the assailant is a U.S. citizen. The failure of the cruise line to report the incident to the FBI violates the Cruise Vessel Security and Safety Act.

A spokesperson for cruise line said "ship crew would have detained the man had a law enforcement agency asked them to hold him, but no such request was received."  This statement begs the question why the FBI was not notified.

Royal Caribbean also characterized the victim as sustaining only "minor injuries and was treated in the ship's medical facility."  But according to Cruise Critic member "Bloemerl," the man was transferred to a Fort Lauderdale hospital at the conclusion of the sailing to be checked for broken ribs and possible internal injuries.

Unfortunately, this is often the way that cruise lines handle shipboard crimes. If the incident had occurred say at the Dadeland Mall here in Miami, the local police would certainly make an arrest and the case would be prosecuted. But on the high seas, the cruise lines just dump the criminal off at the next port and wash their hands of the situation. Often they refuse to notify the FBI. Prosecutions are then virtually impossible.

 

Photo credit: Royal Caribbean - a service dog is defined by Royal Caribbean as "any dog that is individually trained to do work or perform tasks for the benefit of a person with a disability."

23 Reports of Sexual Assault on NCL Cruise Ships in 15 Months

A court case pending in Miami contains an insight into the number of sexual assaults which occur during cruises.

The case is Jane Doe v. NCL and involves an incident where a cruise passenger alleges that she was raped in the toilet stall of a public bathroom while participating in a "Pub Crawl" on the Norwegian Sun.  A "Pub Crawl" is what I would describe as a drinking game where NCL employees take passengers to bars throughout the cruise ship where they are served booze. I mentioned the case last year.  

The federal district court judge just entered a number of orders in the case which are of interest.

Norwegian Sun Cruise Ship - Sexual AssaultNCL filed a motion arguing that it owed no obligation to warn its guests of the risk of being raped on the high seas. The court rejected the cruise line's argument.

The court pointed to the fact that there were 23 allegations of sexual assault on NCL cruise ships for the 15 month period before the incident (January 2010 to April 2011). The history of prior sexual crimes on NCL's fleet of cruise ships raised the issue whether the rape on the Norwegian Sun was foreseeable which, the court held, is an issue for the jury at trial.

NCL also argued that it had no duty not to over-serve passengers alcohol during cruises.  The federal court also rejected this argument. The court adopted the holding of a state court case, Hall v. Royal Caribbean, where a state appellate court ruled that cruise lines face liability when they serve passengers alcohol beyond the point of intoxication.

The security report on this case concluded that the passenger was "extremely intoxicated." 

Last week, I mentioned that NCL just adopted a "all you can drink" alcohol policy for $49 a day.  In our experiences there is a direct correlation between too much cruise booze and sexual assaults. 

The passenger in the NCL case is being represented by Miami maritime lawyer Keith Brais who posted copies of the court orders on line here and here.

NCL is being defended by Miami lawyer Curtis Mase.  Mr. Mase was involved in a highly publicized case in 1999 where a trial court ordered Carnival to reveal the number of sexual assaults against cruise ship passengers. This was the first time a cruise line had to reveal the extent of shipboard crimes.

Carnival disclosed that there were 62 incidents on its cruise ships for a five year period.  Two weeks later, the New York Times reported that Carnival located another 46 incidents and raised the tally to 108 incidents of sexual misconduct over the preceding 5 years. 

Gunmen Rob Jewelry Store While Costa Pacifica In Port In Greece

Cruise Port of Katakolon - Robbery The popular crew member website, Crew Center, posted an interesting article today entitled "Masked Gunmen with AK47 Robed Jewelry Store while Costa Pacifica was in the Port."

The article explains that an armed robbery of a jewelry store occurred in the port city of Katakolon, Greece while the Costa Pacifica was docked in port.

At the time of the robbery, there were hundreds of cruise tourists who had come to shopping area from the Costa Pacifica.

Crew Center explains that shortly after 2:00 PM a silver Ford Galaxy appeared and four masked men with Kalashnikovs entered the jewelry store with automatic weapons.

After the armed men robed the store of all the jewelry, they smashed the shop and shot at in the air causing panic among the locals and tourists.

Police officials say that they found the car abandoned and completely destroyed. Witnesses say that perpetrators were Greeks and spoke fluent Greek.

There are no reports that anyone was physically injured. 

Crew Center also posted a video of the incident. 

 

 

Photo and video:  Crew Center

Bermuda's Kangaroo Courts Back in Action

Bermuda Senior Magistrate Archibald Warner was again busy fining cruise tourists last week.

According to the Bermuda Sun, Magistrate Warner fined a Norwegian Star passenger on his honeymoon $800 after the local police used a sniffer canine to locate a few marijuana cigarettes (6 grams) in the passenger's cabin while he and his newlywed bride were enjoying the sites ashore. 

I have written a dozen articles (here's one and here's another) about the good Judge Warner fining U.S. passengers big bucks for small amounts of pot.  It seems like these fines are a major source of revenue for Bermuda.  The fact that the pot is found only after police take dogs on the cruise ships to conduct searches of private cabins with no warrant or probable cause doesn't seem to mind the prosecution or the judiciary in Bermuda.

American passengers who are already kicked off the cruise ship and facing jail time are always quick to pay $500 to $3,000 to avoid a few months in the slammer on the rocky island.  What a racket.  The newspapers in Bermuda love covering these type of cases and are sure to plaster a photo of the busted pothead in their newspapers

And speaking of rackets, Magistrate Warner also fined a Royal Caribbean cruise passenger $4,000 after he was caught stealing stuff on the Explorer of the Seas cruise ship.  According to Bernews, the Royal Caribbean security caught a passenger from New Jersey "using (a) stolen credit card in three transactions to dishonestly acquire goods and services (from the ship spa) including two bottles of men’s cologne."

Now I don't like crooks and I'm glad that the bad guy with the cologne got caught.  But I wonder how on Explorer of the Seas Nassau Bahamasearth a judge in Bermuda could assert jurisdiction over a theft committed by a U.S. citizen on a foreign flagged cruise ship in international waters?

According to Bernews, Magistrate Warner was also wondering why he was presiding over such a case. The newspaper states: "After questioning and then confirming that the ship was a "Bermuda Registered ship" and Bermuda authorities were lawfully able to take action, Senior Magistrate Archie Warner allowed the case to proceed."

The problem is that the Explorer of the Seas is not a vessel registered in Bermuda. Everyone knows that. No Royal Caribbean cruise ships are registered in Bermuda. The Explorer of the Seas is registered in and flies the flag of the Bahamas. (Next time the magistrate should send someone to the dock and take a photo of the cruise ship's stern. You will see: Explorer of the Seas - Nassau.)

Bermuda, the Bahamas, whatever. Both start with a "B," close enough for Magistrate Warner.  The short hearing netted Bermuda $4,000 - quick money for a case that it has no jurisdiction over.    

This would be amusing, I suppose, except for the fact that Bermuda demonstrates no interest in prosecuting serious cruise ship crimes.  Bermuda looks the other way when faced with rapes, abandonment of mariners at sea, or mysterious disappearances of crew members that occur on cruise ships which are, in fact, flying the maritime flag of Bermuda.

 

Photo Credit: Explorer of the Seas - travel.com

FBI Cruise Ship Crime Cover-Up Continues

Journalist Robert Anglen has an article today in the Arizona Republic entitled "Stats Don't Fully Account For All Cruise-Ship Crime."  The article was also published in USA TODAY and discusses the false and misleading cruise ship crimes statistics in the FBI database which mentions only 2 cruise ship crimes for the second quarter of this year. 

You will recall that the cruise lines were suppose to be required to report the hundreds of crimes which occur each year, pursuant to the 2010 Cruise Vessel Safety and Security Law.  But the language of the new law was altered at the last minute to permit the cruise lines to cover the crimes up.  Lawmakers said the FBI demanded the alterations to benefit the cruise lines.  There is no doubt that the cruise lines and Bogus FBI Cruise Ship Crime Statisticstheir trade organization, the Cruise Line International Association ("CLIA"), were behind the last minute shenanigans.

Mr. Anglen wrote an article earlier this year (in June) entitled "Law Shields Industry On Cruise-Ship Crime Information" which exposed the manipulation of the law which was originally designed to require greater transparency from the cruise industry.  The public was suppose to be able to access an accurate public database with all of the crime allegations available. But the behind-the-scenes alteration of the law has resulted in an unprecedented concealment of crimes by the cruise lines with the full cooperation and assistance by the FBI.

Is it just a coincidence that many of the top security personnel at the cruise lines today used to be senior FBI officials?  The FBI has an open dialogue with the cruise lines but routinely keeps the victims in the dark.

This cozy relationship between the FBI and the cruise lines is a great disservice to the cruising public.

The article mentions Ken Carver, CEO of the International Cruise Victims organization. 

Mr. Anglen's article also quotes me referring to the FBI database as "bogus" and only 2 crimes in the last quarter as "lies." These comments were from from a blog I wrote in August - "Lies, Lies & Lies - FBI & Cruise Industry Continue to Publish Bogus Cruise Crimes Statistics."

The cruise lines must be chuckling after thumbing their collective nose at the legislative process. They have proven that foreign off-shore industries can easily circumvent the U.S. democratic process, as long as they have friends in high places.  

 

Photo credit: FBI

Eleventh Circuit Court of Appeals: Cruise Lines Have Duty to Warn of Danger of Crime in Ports of Call

Twenty-seven years ago, a state appellate court in Florida held that a cruise line owes its passengers a duty to warn of known dangers beyond the point of debarkation in places where passengers are invited or reasonably expected to visit. Carlisle v. Ulysses Line Ltd., S.A.,475 So. 2d 248, 251 (Fla. 3rd DCA 1985). 

The Carlisle case involved a horrific incident involving four passengers aboard the S.S. Dolphin on a four-day cruise to the Bahamas. They were attracted to this particular cruise by promotional brochures advertising the beautiful beaches of Nassau. Upon arriving in Nassau, the two couples rented a jeep and headed for the beaches. Following the advice of the ship's cruise director, they traveled to a secluded beach and were ambushed by three masked gunmen who opened fire on them with shotguns. All four of them were wounded. Mr. Carlisle later died from a gunshot wound to his head. After the incident, the survivors learned from members of the ship's crew that other tourists and a member of the ship's crew had been victims of violent acts perpetrated in various places on the island. Bahamian police reported that the particular beach where plaintiffs were attacked was "very bad."

The cruise line denied that it had any obligation to passengers off of the cruise ship and further denied that it had a duty to warn of crime in the ports of call where it disembarked its passengers.  The appellate court in Carlisle disagreed, holding that the cruise line's legal duty to its passengers does not end at the gangway and it must warn of dangers where the passenger is invited to, or may reasonably be expected to visit. 

The court drew a distinction between "point to point" travel offered by an airline which clearly has no obligation to its passengers once they leave the airplane, and a cruise vacation where the cruise lines advertise (and profit from) the ports of call.  Cruise lines have an ongoing duty to their passengers throughout the cruise experience.  The decision makes sense.  The cruise lines frequent the ports of call on at least a weekly basis; they have agents in the ports; and accordingly they are in a position to know far more about the ports than a passenger. 

The federal trial courts in this jurisdiction have applied Carlisle, but the cruise lines have been trying to chip away at it for years.  Cruise lines like Carnival and Royal Caribbean have been trying to convince the federal judges that cruise lines should have no liability to the passengers once they step foot in port and they don't have to warn of dangers that they know about but their passengers don't.   

Recently, Royal Caribbean was successful in obtaining an order ending a case filed against it after a young woman was sexually assaulted by men in Cozumel.  The passenger alleged the cruise line knew that there Carnival Victory Cruise Ship were rapes and violent crimes against its passengers in this port but failed to warn them. You can read about this case, which is now on appeal, in our article: Royal Caribbean Smears Crime Victim & Gets Cozumel Rape Lawsuit Thrown Out Before Trial.    

Last week, in a case we are handling, the cruise lines received a major set-back when the 11th Circuit Court of Appeals agreed with the rationale of the Carlisle decision and stated that cruise lines do in fact have an obligation to warn cruise passengers of the danger of crime of off the ships.

The case involved a 15 year old girl who was celebrating her quinceanera with her parents and brother on a Carnival cruise. A gang-related shoot out ended up with the girl being killed in St. Thomas, in the U.S. Virgin Islands. Carnival successfully argued at the trial court level that it had no obligation to the young girl or her family, but the federal appellate court reversed the lower court. The pertinent portions of the 11th Circuit's opinion are below:

"Liz Marie and Appellants (her parents and brother) took a vacation aboard a Carnival cruise ship, the M/V VICTORY. Appellants allege that an unidentified Carnival employee encouraged Liz Marie’s father and brother to visit Coki Beach and Coral World upon disembarking the ship in St. Thomas, Virgin Islands. On July 12, 2010, Appellants left the ship and traveled to Coki Beach independently of the ship’s sponsored excursions in St. Thomas. On their way back to the ship from Coki Beach, Appellants and Liz Marie rode an open-air bus past a funeral service of a gang member who recently died in a gang-related shooting near Coki Beach. Cars of funeral attendees were parked along the narrow road, blocking the bus’s passage. While stuck in traffic, gang-related, retaliatory violence erupted at the funeral, shots were fired, and Liz Marie was killed on the bus as an innocent passerby.

                                                             *                  *                   *

Appellants’ complaint alleges the following: a Carnival employee encouraged Appellants to visit Coki Beach in St. Thomas; Carnival was familiar with Coki Beach because it sold excursions there; Carnival generally knew of gang violence and public shootings in St. Thomas; Carnival knew of Coki Beach’s reputation for drug sales, theft, and gang violence; Carnival knew or should have known of the gang member’s shooting and funeral taking place near Coki Beach; Carnival failed to warn Appellants of any of these dangers; Carnival knew or should have known of these dangers because Carnival monitors crime in its ports of call; Carnival’s negligence in encouraging its passengers to visit Coki Beach and in failing to warn disembarking passengers of general and specific incidents of crime in St. Thomas and Coki Beach caused Liz Marie’s death; and Appellants have suffered various damages, including the loss of Liz Marie’s life. This negligent failure-to-warn claim is more than a mere recitation of the elements of the cause of action. The facts alleged in the complaint are plausible and raise a reasonable expectation that discovery could supply additional proof of Carnival’s liability. See Twombly, 550 U.S. at 556, 127 S. Ct. at 1965. We consequently conclude that the district court erred in dismissing Appellants’ negligence claim under Iqbal."

You can read the entire decision here.

This is a significant decision because crime in the Caribbean islands (as well as Mexico) has been increasing over the years. We have written several dozen articles over the last couple of years about the murder, robbery and rape of cruise passengers ashore in ports of call in the Caribbean. Take a minute and read about the rash of crimes where cruise passengers are targeted: Armed Banditos Rob 22 Carnival Passengers on Excursion in Mexico.   

Our firm retained appellate specialist Phil Parrish to write the winning brief. Carnival was represented by Curtis Mase and Valentina Tejera.  You can read the lawsuit our law firm filed here.

 

The case is receiving national and international coverage:

ABC News: Vacation danger: Is cruise ship liable for perils on shore excursions?

Virgin Islands Daily News: Court rules lawsuit over slain teen tourist should be heard.

 

Photo Carnival Victory cruise ship bajan.wordpress.com

Cruise Crime Novelist Discusses Lawlessness of Cruise Industry in "Cold Grave"

A forensic medical expert in Australia, appalled by the high number of rapes and disappearances of passengers on cruise ships, has written a novel to bring awareness to the problem of crime while cruising.

Dr. Kathryn Fox appeared on an Australian morning television program to discuss her book "Cold Grave" about the death, murder and disappearance of cruise passengers. In a nutshell, the novel was inspired by the lawlessness of the cruise industry. The introduction to the interview states that cruising has never been more popular but sailing the high seas has "never been more dangerous."

The video, which you can see at this link, contains rather fascinating cruise crime information:

  • A passenger or crew member goes overboard from cruise ships every two weeks.
  • A woman is twice as likely to be raped on a cruise ship than ashore.
  • 70% of rapists on cruise ships are crew members.
  • Cold Grave - Cruise Ship Crime, Rapes, Murder and Disappearances Sexual predators often target cruise ships.
  • Shorter cruises (2 - 3 days) are more dangerous than longer cruises.

Dr. Fox discusses the disturbing  case of Disney crew member Rebecca Coriam who disappeared from the Disney Wonder cruise ship last year.  

She also mention the case of Australian passenger Dianne Brimble who was drugged and raped on a P&O cruise.

Dr. Fox explains how many passengers "on holiday" let their guard down, drink lots of alcohol, and often engage in behavior that they would not engage in at home, such as drinking in public, walking around at night, and trusting strangers including cruise employees in uniform.   

Don't forget to watch the video here.  

Lies, Lies & Lies - FBI & Cruise Industry Continue to Publish Bogus Cruise Crimes Statistics

The Cruise Vessel Security and Safety Act (CVSSA) statistical FBI compilation for the last quarter (April 1, 2012 - June 30, 2012) is out.

And if you are inclined to believe the FBI statistics, being on a cruise ship is the safest place on planet earth.  According to the crimes disclosed by the FBI, over the last three months of the reporting period only two crimes occurred on the 200 cruise ships or so operated by the twenty-six cruise lines operating under the trade banner of the Cruise Line International Association (CLIA).

Cruise Ship Crime - Rape - Sexual AssaultThe crimes which the FBI chose to disclose? One suspicious crew member death on a Carnival cruise ship, and one sexual assault on a Royal Caribbean ship. You can look at the database here

If you can read the microscopic text of the database, you may think: Wow, 3 - 4 millions passengers cruising a quarter and only one or two crimes?

But the truth is far different. We know from attending non-stop Congressional hearings over the last 7 years, that these two incidents are only a small fraction of the actual crimes which historically occur. Our little firm alone represents more cruise passengers than this victimized over the last six months.

We represent young women violently raped by two men on both a Carnival and a Royal Caribbean cruise ship. But you will find no mention of these violent and devastating crimes by the FBI or cruise line, anywhere.  The FBI database is bogus.  And you can read about other cruise crimes here, here, here, herehere, herehere.  But don't bother to look for them on the FBI list of cruise crimes. There is no mention of them.  And that is exactly how the cruise lines want it. 

In years past, we listened to Congressional testimony and read FOIA requested information where literally hundreds of sexual assaults on cruise ships were revealed.  So why have only 2 crimes been reported in the last quarter and only 5 crimes reported for all of 2012?

As we explained in prior articles, the cruise industry and the FBI teamed up to alter the language of the crime reporting bill which cruise victims had approved by both houses of Congress.  But before the cruise crime bill passed into law, the cruise lines - with the assistance of the FBI - altered the language to exclude over 95% of crimes on cruise ships from being reported on the Coast Guard database.

What the FBI discloses now is a small fraction of the actual number of crimes. 

In the U.S., the Uniform Crime Reporting ("UCR") requires all alleged crimes be disclosed to the public. But the cruise industry wants to keep the number of crimes secret. Behind the scenes, the cruise lines changed the law regarding cruise crimes such that only those crimes reported by the cruise lines, and disclosed to the FBI, and investigated by the FBI, and then closed by the FBI are included on the FBI database.

Crimes hidden from the FBI, or reported to state agencies or other governments, or those crimes reported to the FBI and ignored / not investigated by the FBI, or crimes reported to the FBI and the FBI keeps the files open indefinitely are not reported.          

Cruise Crime - Sexual Assaults on Cruise ShipsThe bottom line? The FBI and the cruise lines are hiding 95% of the crimes from the public.

This serves as a great disservice to the cruising public.

If you are a travel agent, cruise specialist or concerned member of the public, email me at jim@cruiselaw.com or call me at 305 955-5300. I'll be happy to discuss with you how we can work together to educate the public about the actual number of sexual assaults against women and children which occur routinely during cruises.   

I have spent the last decade of my life watching the cruise lines try and hide dozens of crimes a year.  It won't work. They will never get away with it, no matter how many innocent people are hurt in the process. Help me keep the cruise lines honest, and your customers safe.

The next family with teenage girls and little kids walking up the gangway to a cruise ship deserve to know the truth.

Royal Caribbean Passenger Reports Rape at Senor Frog's in Cozumel

A newspaper in Mexico and cruise expert Professor Ross Klein report that a young woman from Royal Caribbean's Freedom of the Seas cruise ship was apparently drugged and sexually assaulted by employees of Senor Frog's in Cozumel, Mexico last Friday, August 10, 2012.

The article states that the woman (reportedly around 19-20 years of age) was cruising on a Royal Caribbean cruise ship which called on Cozumel. Her family went on a tour and ended up at Senor Frog's which is a popular bar frequented by cruise passengers and other tourists. The newspaper explains that the young woman and other family members drank and she danced with one of the employees who worked Senor Frogs Cozumelwith several other men as disc jockeys (DJ's).  

The young woman ended up being invited into the DJ's "cabin," an enclosed area of the restaurant from where music is played. The DJ's gave her a drink and she thereafter lost track of things but just remembers vague images of the four men attacking her and trying to fight them off. 

The circumstances were particularly brutal with reports that other employees went into the booth to watch, and some men were beating the victim.  

She was taken back to the cruise ship and experienced pain and burning in her genital area and had bruises on her body.  Her family decided to leave the cruise and stay on the island to report the incident to the Mexican police. 

Another newspaper reports that the four Senor Frog employees were taken to a local magistrate who promptly released them. We are not referring to this newspaper because it mentions the victim's name. The newspaper also indicates that police records indicate that from January to June 2012 there were seven complaints of rape.  It is less than clear whether the article refers to the bar or Cozumel.  Women raped in Mexico rarely obtain justice.

This is not the first report of rape of a cruise passenger in Cozumel or the first rape of a Royal Caribbean passenger who went to a Senor Frog's during a cruise.

In June, we mentioned a lawsuit filed against Royal Caribbean arising out of a gang rape of a young woman in Cozumel from the Royal Caribbean Oasis of the Seas.  The cruise line provided the passenger with a map of the shopping locations recommended by Royal Caribbean. A gang of men brutally raped the young woman while she visited one of the recommended stores.

Royal Caribbean does not warn cruise passengers of the danger of being sexually assaulted or violently attacked in Cozumel.  Cozumel is one of the few ports capable of accommodating the Genesis project ships like the Allure and the Oasis and it is my opinion that the cruise line doesn't want to scare anyone off from traveling to this Mexican port.

Last year a young woman from Poland, working aboard the Royal Caribbean Allure of the Seas, was murdered while ashore in Cozumel.  

Royal Caribbean knows that bars ashore in ports of call present dangers of date rape drugs and sexual assault. 

Last year a Royal Caribbean passenger was raped and severely beaten after drinking at a Senor Frog's in Nassau.

Royal Caribbean Freedom of the Seas Cruise Ship - Sexual AssaultCruise lines have an obligation to warn of dangers ashore in the ports of call that they sail to and where there guests are reasonably likely to frequent such as local bars near the cruise ships.  

Royal Caribbean in particular, acknowledges that it has a duty to inform cruise passengers of dangers like this. The cruise industry publication 'World Cruise Industry Review" interviewed the head of "Global Security" at Royal Caribbean, Gary Bald, about the cruise line's obligation to warn cruise passengers of dangers in ports of call.  In an article entitled "Safe Harbor," Mr. Bald stated that as far as looking for dangers to passengers in ports of call, "I’m locked in and tuned in around the clock, 24/7.”   

The article states that "Bald is happy to share security information with both the crew and the passengers. “All guests are my responsibility,” he says, “and I don’t want some more prepared than others.” 

It will be interesting to see whether Mr. Bald and his cruise line warned this latest victim and her family about the prior rapes and attacks in Cozumel and other Royal Caribbean ports of call.  

 

Photo credit: Top: Senor Frog's - Julián Miranda/SIPSE; bottom - Wikipedia / Andres Manuel Rodriguez

Secrets on the High Seas - Rape of Houston Passenger Reveals Flaws in Cruise Crime Reporting

A local news station in Houston, Texas reports that there are problems with the manner that crimes on cruise ships are reported and investigated by the FBI.

KRPC Channel 2 in Houston aired a program yesterday that reported on the rape of a 56 year old Texas woman on at the last night of a cruise out of the port of Houston (Galveston).  Like most rape cases on cruises, the FBI did not make an arrest.

The investigation by the news station revealed that the FBI disclosed that it investigated only 16 crimes all of last year.  But the crime numbers "just don't add up," according to the news station. (We know that this is a bogus number of crimes because in years past, there has been testimony before Congress tCarnival Cruise Ship - Rape - Sexual Assaulthat hundreds of crimes occur each year during cruises).  

The interesting thing revealed in this report was that the Port of Houston alone had 15 crimes reported just out of its port, so clearly the FBI's data of 16 cruise crimes for all cruises nationally is grossly understated.

This particular case involved an allegation that a cruise line employee (waiter) committed the rape.  In our experience most shipboard rapes are committed by cruise employees with waiters, as well as cabin attendants and bartenders, the most likely ones to rape a passenger.

Ken Carver, CEO of the International Cruise Victims ("ICV") organization was interviewed during the program and stated: "True and accurate crime data needs to be available and released to the public . . .  it is the cornerstone of accountability and safety for millions of Americans who chose to cruise each year."

But the cruise industry's organization that promotes cruising, the Cruise Line International Association ("CLIA"), says that everything's just fine. CLIA responded to the program by claiming that cruise lines have been reporting crimes pursuant to a law passed in 1996.  This is a false statement as the first law requiring the reporting of crimes during cruises was not passed until 2010.  But due to intense lobbying, the law was altered and permits the cruise lines to hide crimes unless the crimes were first reported to the FBI and then closed by the FBI.  

The wording of the law permits over 95% of cruise ship crimes to remain secret - just like the cruise lines want.  

Cruise lines have been hiding true crime statistics for decades. You will see more and more of these types of stories in the future.

To watch the video, click on the link here.

 

Photo credit: Wikimedia

Cruise Crime Talking Points: Attack, Attack, Attack!

The big news coming from the cruise industry is that the CEO of the Cruise Line International Association, Christine Duffy, launched a new blog.  One of the primary purposes of Ms. Duffy's blog is to attack what CLIA is calling "sensationalist" and "misleading" news accounts of crimes on cruise ships.

Ms. Duffy recently sent an email to its travel agents together with an attachment called “The Truth About Crime and Crime Reporting.  Several travel agent friends sent me copies. 

The cruise line talking points are primarily in reaction to a cruise documentary which aired last month CNN Safe at Sea - Sexual Predators on Cruise Shipson CNN's Anderson Cooper's AC 360 called "Safe at Sea." CNN interviewed a 15 year old girl who was violently sexually assaulted by an uniformed crew member on Royal Caribbean's Rhapsody of the Seas cruise ship. The crime involved a scenario we have warned about repeatedly, where a crew member uses a pass key to enter a cabin and rape a child who is alone.

You will hear no apologies to the girl from the cruise line, or the cruise industry, or Ms. Duffy during the program or in her blog. CLIA declined to participate in the program; instead, CLIA sent in an after-the-fact statement (as it always does) criticizing the little girl and two other individuals who CNN interviewed.     

The CNN program interviewed a former U.S. Customs and Border agent and a former cruise ship security officer who stated that cruise ships are "magnets" for sexual predators. (Watch the video below).

CLIA attacked them as "irresponsibly" offering "inflammatory and unfounded accusations."  

One thing to remember is that Ms. Duffy just joined CLIA as its CEO last year.  She did not attend any of the five Congressional hearings into cruise ship crimes from 2005 through 2009. She was not present at the Congressional hearings to listen to first hand accounts of sexual assault and one expert testify that the chances of being raped on a cruise is twice that of being a victim on land.  Professor Ross Klein’s study of cruise crimes indicated that the rate of sexual assault on cruise ships was 59 per 100,000 passengers. The rate of sexual assault in the United States was only 32 instances per 100,000 people.

Last year, in a landmark rape case against Princess Cruises, the Eleventh Circuit Court of Appeal held that " . . . if congressional reports are to be believed, sexual assaults and other violent crimes on cruise ships are a serious problem." The Eleventh Circuit cited the testimony from cruise line executives from the March 2006 Congressional hearing that 178 passengers on North American cruises reported being sexually assaulted between 2003 and 2005. 

In the March 2007 hearing, a FBI representative testified before Congress that from 2000 through June 2005, the FBI opened 305 case files involving “crime on the high seas.” During those five years about 45% of the crimes that occurred on cruise ships involved sexual assaults.

In September 2007, a Deputy Assistant Director of the FBI testified before Congress that “sexual assault and physical assaults on cruise ships were the leading crime reported to and investigated by the FBI on the high seas over the last five years . . .  employees were identified as suspects in 37 percent of the cases, and 65 percent of those employees were not U.S. citizens.” The FBI representative also testified that the majority of cruise ship sexual assault cases are not prosecuted.

Although these numbers are significant, I have always thought that the crime statistics reported to Congress are probably just a fraction of the actual number of crimes which occur during cruises. For example, in 2006, Royal Caribbean told Congress that 66 rapes and sexual assaults reportedly CNN Cruise Crime - Rape on Cruise Shipsoccurred over the course of the preceding three years - that's 3 rapes every 2 month just on the Royal Caribbean fleet. However, in a subsequent civil case our firm handled against this cruise line, a trial court here in Miami ordered the cruise line to produce its raw crime data to us. The reports revealed that the total number of sex-related crimes were actually around 273 (over 4 times the amount reported to Congress). 

The Los Angeles Times covered the story in an article entitled "Cruise Industry's Dark Waters."

CLIA is banking on its travel agents having short memories and not being concerned with actual statistics. CLIA's talking points contain no statistics, only self-serving opinions like "crime is "remarkably low" or there are only a "handful" of crimes during cruises. 

So far it seems like the travel writers and travel agents are responding to CLIA's call to arms.  

Travel Agent Central was the first to publish articles about the cruise industry's crime talking points. One article is entitled "CLIA ARMS AGENTS TO REBUT REPORTS OF CRIME AT SEA" (caps in original), written by Andrew Sheivachman.  It explains how CLIA is "arming" its agents to engage in a war against those who were victimized at sea.

The headline made me stop and shake my head - the cruise lines "arming" their  agents to fight the victims? Sounds like the cruise industry is fighting a war.  What an real insight into the cruise industry's thought process. Let's-re-victimize-the-women-and children-raped-during-cruises!   

Other bloggers and travel writers are taking CLIA's bait.

A Canadian travel agent, Robert Mackie, recently blogged about the CLIA talking points and adopted all of Ms. Duffy's talking points verbatim in his article Truth in Television Travel Reports.

Travel writer Theresa Norton Masek is the latest one to swallow the cruise lines' bait - hook, line and sinker. Writing for Travel Pulse, Ms. Masek penned CLIA Takes Steps to Battle Sensationalist Reports on Cruise Ship Crime which pitches all of CLIA's points.  The article offers no view other than the cruise lines' and might as well as been written by Ms. Duffy herself.

These articles are entirely disrespectful to actual crime victims. What did the the 15 year old girl raped on Royal Caribbean's Rhapsody of the Seas do to deserve such scorn?  CLIA has chosenCruise Ship Rape - Royal Caribbean not only to "deny and defend," but to "attack the victim" and anyone who will stand with her. 

The question posed to travel agents is simple.  Do you stand with your cruise trade organization when it embarks on a war to regain its reputation where victims are re-traumatized in the process?

Such a question poses not only a philosophical dilemma, but a pragmatic problem as well.  Do you really want to risk embedding CLIA's talking points into your sales pitch to your clients - only to expose yourself to a lawsuit for fraud if your client's daughter is raped on a cruise you sell based on such false information?

Instead of walking lock-step with CLIA, do something not contemplated by CLIA's cult-like talking points - tell your clients the truth.  Refer them to a reliable source of information. 

The Sun Sentinel newspaper in Fort Lauderdale has an online data base for one year of cruise ships crimes. There are hundreds of assaults, rapes, thefts and other disturbing stuff - no different than any major city. Take a look here.  

 

 

Watch CNN Special "Predators at Sea" - Are Your Kids Safe on Cruise Ships?

Royal Caribbean Rhapsody of the Seas - Sexual Predator Last night, CNN Anderson Cooper's program AC 360 took a look at the safety of women and children on cruise ships.

The program began with an interview with a girl who alleges that at age 15 she was sexually assaulted by who she describes as a uniformed Royal Caribbean crew member aboard the Rhapsody of the Seas cruise ship. The crime occurred after the cruise employee let himself into the child's cabin while her parents were at a different part of the cruise ship. Like most cruise ship crime cases, the FBI did not arrest anyone and the crime remains unsolved.

A former U.S. Customs and Border agent and a former cruise ship security officer were interviewed. They stated that there is a 85% to 100% chance that a cruise ship leaving a port in Florida has a sexual predator aboard. Cruise ships are "magnets" for sexual predators and criminals know that cruise crimes are rarely reported and rarely investigated by the FBI. 

The cruise industry, predictably, released its talking points and stated that the safety of its guests is its highest priority. The cruise industry trade organization, Cruise Line International Association (CLIA), also stated that ship crime is rare. It went as far as to state that there are only a "handful" of crimes which occur during cruises based on the database required by a new cruise safety law.

Remarkably, the cruise industry did not mention that the cruise law was watered down to require the disclosure of only a fraction of the many hundreds of crimes which occur each year. We suspect that CLIA was behind the alteration of the cruise law in order to cover-up crimes like the one involving the girl on the Rhapsody of the Seas.

Watch the video below:    

 

CNN's "Safe at Sea" Series Investigates Sexual Assault of 15 Year Old Girl on Royal Caribbean Cruise Ship

Royal Caribbean Child Rape - Cruise Ship Crime Tonight, the CNN Anderson Cooper AC360 program aired a short documentary into the issue of the safety of children on the high seas, entitled "Safe at Sea."

The program focuses on a fifteen year old girl sailing with her family on a Royal Caribbean cruise ship in 2010.  While her parents and siblings were at a different part of the ship, the young girl was in her cabin alone.  A crew member in uniform uses a pass key and enters the cabin unannounced and violently forces her to perform oral sex.

Terrified and distraught, the child did not immediately report the crime to her parents.

Our investigation into other crimes against children on Royal Caribbean cruise ships led us to the court ordered production of an internal report by Royal Caribbean which concluded that sexual misconduct occurs "frequently." The report concluded that as many as one-third of women and children sexually assaulted on Royal Caribbean cruise ships report the crime only after they have left the cruise ship and are back in the security of their home.  

In this case, the parents informed the local police in California of the shipboard crime who found the child's complaints to be "credible."  The police forwarded the complaints to the FBI.  The FBI investigation included collecting photographs of crew members selected by the cruise line which, not surprisingly, did not contain the predator's photo. The family thereafter never heard back from the FBI.

Child Sexual Assault - Royal Caribbean Cruise Ship The cruise line, however, paid a settlement to the child. On the CNN program tonight, the child (whose identify was protected for her privacy) stated that she felt the crew member was a predator and had done it before.

The program also contained an interview with a former U.S. Customs and Border official who stated that, in her experience, 85% of cruises contain at least one sexual predator on the cruise ship.  

The cruise industry's trade organization, the Cruise Line International Association (CLIA), attacked the former federal employee and released a statement to CNN stating that:

" . . . . it is disconcerting that this individual would irresponsibly offer such inflammatory and unfounded accusations."

This, in a nutshell, is the attitude of the cruise industry and cruise lines like Royal Caribbean toward victims.

A fifteen year old child is sexually assaulted during a cruise. Yet, the cruise line and the cruise industry offer no apologies to the child or her family.  

Instead, they attack those who dare to speak out in public about crimes on cruise ships.

Cruise Line International Association - CLIA Attacks Cruise Victim

Cruise Law - Coming to a Theater Near You!

People ask me why I practice "cruise law." My answer?  It's the most exciting type of law practice possible, like being in a movie - except it's the real world with real people.

Consider the news in the world of cruising this year. 

A showboating and debonair Italian captain runs a $500 million luxury cruise liner into the rocks.  He puts his blond girlfriend into one of the first lifeboats to safety. His officers announce on the PA system that "the situation is under control. Go back to your cabins." He abandons ship, claiming that his slipped and fell into a life boat. Passengers as young as 5 and as old as 70 then drown.

Cruise Law News - Cruise Ship DramaIf this were a movie, no one would believe such an outrageous script.        

Click on the TV and chances are you'll see Images of cruise ships adrift on the high seas. These are not rusting freighters from third world nations.  They are the cruise lines' best, biggest, safest and most technologically advanced cruise ships carrying the most precious cargo in the world - your families.

This year alone we've seen cruise line abandonment of mariners in distress, abuse of crew members, capsizing, collisions, conspiracy, cover-ups, crimes, disappearances, engine failures, fires, groundings, and union busting involving Azamara, Carnival, Costa, MSC, Norwegian, P & O Cruises, Princess Cruises, Royal Caribbean, Saga Cruises and many other cruise lines.

When a passenger or crew member is injured or a victim of crime on the high seas, the cruise lines are their worst enemy.  The deceit and double-dealing by the cruise lines are right out of a bad movie script.

I have written over a thousand articles about bad behavior of cruise ship over the last couple of years.

There will be no end of the stories in the future. 

Our firm is on the edge of the drama, always ready to help a cruise passenger in distress or a crew member needing medical care.  In an industry which cares most about it's own image and reputation rather than your family's health and safety, we are always eager to help the underdog.  In the process, we will expose "everything the cruise lines don't want you to know."    

L.A. Times Weighs In On Cruise Crime Cover-Up

The L.A. Times is the latest major newspaper to discuss the behind-the-scenes alteration of the Cruise Vessel Security and Safety Act.  

In Drop in Cruise Ships' Reported Crimes Raises Questions written by Dan Weikel and an accompanying editorial Cruise ship crimes: Why so hush-hush? by Paul Morrison, the L.A. Times takes a look at the reporting of cruise ship crimes after the new cruise safety law came into effect. 

Designed to require greater transparency from the cruise lines in reporting shipboard crimes, the new cruise safety law was watered down to require the disclosure of only those alleged crimes which the cruise lines reported to the FBI and the FBI then closed.

This altered language was designed to cover up the majority of crimes on cruise ships.  Before the new Cruise Ship Crime Lawcruise safety law came into effect, the FBI was known for its disinterest in investigating crimes on cruise Cruise Ship Crime - Cruise Crime Lawships. For those few crimes it investigated, the FBI solved few of them.  It also seemed to never close their files even when in truth it was not doing anything to investigate the crimes.  By altering the language of the law, the cruise lines knew that it would keep the actual number of crimes under wraps.

The cruise lines deny that they were involved in the cover-up.  And so far Congressman Kerry's office (who was instrumental in passing the new law) is pointing to the FBI and Coast Guard as requesting the change.  Here's what the L.A. Times is saying:

"The FBI and the Coast Guard had asked Congress for wording that means, under the law, that the public only is allowed to be told about the number of closed cases that are no longer being investigated.

That’s just about 180 degrees opposite what law enforcement agencies do on land: All reported crimes are public record, not just those under investigation or resolved.

See how insidious such a policy can be?

If we heard only about the LAPD’s closed cases, nobody would have heard of the Black Dahlia, and the recent murders of two USC graduate students from China might not be public knowledge. Women in South L.A. wouldn’t have been told to be on alert for the "Teardrop Rapist," who has raped nearly three dozen women in the course of about 15 years, one as recently as last month.

This kind of result is hardly what a law called the "Cruise Vessel Security and Safety Act" sounds like it was meant to achieve. Turns out, the security and safety being protected here are the economic security and fiscal safety of cruise lines."

The question at this point is not whether there was a behind-the-scenes cover-up, but who in addition to the FBI and Coast Guard were engaged in the cover-up.  Were the cruise lines and their trade organization, Cruise Line International Association ("CLIA"), involved?  Of course, but they would never admit it. But why would the FBI alone take such steps, which as the L.A. Times concludes, were designed to protect the "economic security and fiscal safety of cruise lines" and not the passengers victimized on cruise ships?

With an industry known for its secrecy, it will take some time before the ugly truth comes out.  But it eventually will. The public will then see that the cruise lines and their CLIA representatives worked overtime with federal agencies against transparency. For the time being, they were successful in thwarting the democratic process and turning the cruise safety law into a joke. 

Cruise Crime Debate Continues

The recent articles about the FBI assisting the cruise lines in covering up ship crimes has sparked a re-newed interest in the safety of cruise passengers on the high seas.

Fox News published an article this morning "How Safe Is Your Cruise Ship" mentioning the cruise lines' talking points that cruise ship crime is "extremely rare."  For a different point of view, Fox News interviewed cruise expert Ross Klein who has testified before Congress that a cruise passenger "is twice as likely to be sexually assaulted on a cruise ship than on land."

Fox News also mentioned our law firm's experiences representing cruise sexual assault victims, including children.

The debate whether cruise ship crime today is "rare" or "routine" consists essentially of opinions without a quantitative foundation because the FBI is hiding the actual crime statistics from the public, as Ken Carver, CEO of the International Cruise Victims Organization discusses in the video below.

It should be up to the public, not a corporation with a conflict of interest, to determine exactly what is "rare" or "routine" based on the actual crimes statistics which are currently being hidden. .

 

FBI Cruise Crime Cover Up Story Goes Viral

FBI Cruise Crime Cover Up - Royal Caribbean - FBI AgentsEvery once in a while a story comes along which blows the lid off of the status quo.

Such a story broke yesterday when Salon Magazine published a blockbuster article "Erasing Cruise Ship Crime." Written by Matthew Harwood, the Salon article tackles the ugly spectacle of our nation's FBI sabotaging the efforts of a grass roots cruise victims organization.  

The story goes like this. The International Cruise Victims Organization (ICV) labored for the past six years to enact a cruise safety law to require the cruise lines to report the many cruise ship crimes which occur each year.  All of the cruise victims' stories are compelling - a son or daughter who vanished at sea under mysterious circumstances, a child lost due to gross medical negligence by shipboard doctors, a woman raped at sea - all real tragedies that happened to real people. 

The cruise lines fought tooth and nail against the passage of the ICV supported law, but dropped its opposition at the last minute.  Why?  The fix was in. The FBI altered the language in the cruise crime bill at the last minute. Instead of reporting all crimes (averaging over 400 a year), the cruise ship crimes which are now disclosed on the FBI database average barely one tenth of that figure. As a final indignity, the cruise lines and some travel agents point to the bogus database as proof that cruising is absolutely safe.  

The Salon article points out the fact that cruise lines hire FBI officials to maintain the status quo. The result is that the FBI and its fraternity alumni brothers on the cruise ships all scratch each other's backs. No one will give their friend a hard time.  No need for anyone to be embarrassed. The cruise lines even invite the FBI to private wine and dinner parties, but exclude the victim's group.

The truth here is ugly. It involves behind-the-scenes shenanigans by large offshore corporations and a large federal agency.  The secret deals stifle democracy. The editing of Congressional bills by a self-dealing FBI perpetuates a system which rewards the indifference of federal law enforcement officials who are suppose to respond to victim's horror stories on the high seas but, in truth, are deep in the FBI - Cruise Line Cruise Crime Cover Upcruise lines' pockets.  It condones and encourages cruise lines to cover up ship crimes whenever and wherever they can, while the FBI looks the other way.

The Salon story hit a nerve. 

The conservative South Florida Business Journal asked whether the Salon article was the "smoking gun" which revealed a cozy relationship between the FBI and the Miami-based cruise lines, particularly Royal Caribbean which hired many FBI agents as well as senior FBI officials.  Is it a coincidence that the cruise lines' friends at the FBI were the ones who watered the cruise crime bill down?

Many other reporters and bloggers picked up the story and added a sense of outrage to the FBI cover up.        

Jezebel wrote "FBI Works With Cruise Lines to Bury Reports of Rapes at Sea," and added a photo of a huge Royal Caribbean cruise ship (photo top).

Inquisitir published "FBI Involved In Cruise Line Sexual Assault Crime Coverups."

Newser added "FBI Muzzles Cruise Line Rape Cases - Salon Says Bureau Too Cozy with Cruise Line Industry."

Leisure Guy said "Concealing Crime: How the FBI Improves Its Crime Fighting Statistics."

Raw Story reported "Loophole Lets Cruise Ship Rapes Go Unreported."

Grey haired old-school PR experts will tell the cruise lines and FBI not to worry about the bad press because the bloggers are not writing for the major newspapers.  But with the explosion of social media today, no one cares what the AP or Reuters are saying.  Now it's the Huffington Post types who are spreading the word and influencing public opinion.  

Other stories will follow.  You will see major newspapers and networks come with the next round of stories exposing the FBI cruise crime cover up.

The cruise lines and their trade organization, Cruise Line International Association (CLIA) will FBI - Cruise Lines Cruise Crime Cover Upeventually respond with their own spin.  CLIA will open the prepared, canned statements: "Crime is rare. Our number 1 priority is the safety of our guests. We reports all allegations of crime to the appropriate law enforcement." But the tide has turned.  The public knows these types of official statements are gobbledygook.  

Truth be told, the FBI, which is suppose to watch over the foreign cruise line corporations and protect the public, has acted like a secret lobbyist for the cruise lines.

Should you trust the cruise lines and a corrupt FBI organization with the most precious cargo carried on cruise ships - your family?

 

Photo credits from the original media sources, top to bottom:

Jezebel, Inquisitir, Salon.

"Erasing Cruise Ship Crime" - Why Did the FBI Gut a Bill Requiring the Cruise Industry to Report Rapes?

Salon Magazine published a blockbuster article today about how the FBI gutted a cruise safety law designed to protect the cruising public.

The article states that the grassroots International Cruise Victims (ICV) association worked for years with Congress to pass, on an overwhelmingly bipartisan basis, the Cruise Vessel Security & Safety Act.  The new cruise law required the FBI to post incidents of cruise ship crimes on an internet database maintained by the U.S. Coast Guard.

But shortly before the act passed into law, the FBI inserted language which watered the reporting requirements down to the point that the database is worthless.  Before the law passed, each year hundreds of rapes and violent crimes on cruise ships were reported by the cruise lines.  Now, only a handful are reported.  For some quarters, nothing is reported.  

You can see the bogus database here

Was the cruise industry behind the changes to the cruise safety bill?

The article points to the incestuous relationship between the FBI and the cruise lines which hire former FBI officials to maintain a cozy relationship with the FBI.  Although the new cruise safety law was designed to force greater transparency from the cruise lines, the FBI's manipulation of the bill results International Cruise Victims - ICV - Cruise Crime Lawin just the the opposite result - greater secrecy and opportunity for the cruise lines to cover the crimes up.

The bottom line? The cruising public is kept from reviewing the true crime statistics.  And the cruise lines and some travel agents use the bogus database to advertise that cruising is safe! 

The article quotes ICV CEO Ken Carver, President Jamie Barnett, (photo, in Washington D.C.) and board member (and our client) Laurie Dishman.

Cruise expert Ross Klein, who has testified before Congress several times, is also mentioned.

The article refers to a couple of articles from Cruise Law News as well.

The behind-the-scenes maneuvering by the FBI and its friends frustrated the democratic process and the hard work of the ICV organization.  But one thing is certain, the ICV under the leadership of CEO Carver and President Barnett will keeping working until the original language is back in the cruise safety law.

 

Photo credit:  Ken Carver and Jamie Barnett - by Jim Walker

Cruise Ship Rapist Pleads Guilty and Sentenced to Jail, But the FBI Refuses to Post Crime Data for Public Viewing

Royal Caribbean Allure of the Seas Cruise Ship RapeOne of the purposes of the new Cruise Vessel Security and Safety Law is to educate the public regarding the sexual assaults and other crimes which occur on cruise ships.

But as we reported in our article Cruise Lines, FBI & Coast Guard Caught Altering Cruise Crime Law, the FBI and Coast Guard - acting to promote the cruise lines' interests - undercut the Congressional purpose of the new cruise crime law. The cruise lines and these two federal agencies changed the language of the law to eliminate most cruise ship crimes from being reported.  

Originally all cruise ship crimes were required to be disclosed to the public.  But with the altered language, cruise crimes not reported to the FBI, or those crimes reported to the FBI and still under investigation, do not need to be disclosed to the public. 

You can read about about this issue in the Washington Post, USA TodayArizona Central and NBC Bay Area.

A good example of how the cruise lines are trying to hide crime statistics is a recent case this year involving a young girl raped on Royal Caribbean's Allure of the Seas. We reported on the crime in January.  A fifteen year old girl was lured from a teen club and raped by another teenager and a 20 year old man, Luis Scavone (photo left), on the last night of the cruise. The minor promptly reported the crime after she escaped from the rapists' cabin.

Royal Caribbean allegedly "sealed" off the crime scene and reported the crime to the FBI and the Broward County's Sheriff's Office in the cruise ship's home port. In Florida, local law enforcement also have jurisdiction over crimes on the high seas on cruise ships which return to a port in Florida.    

But rather than preserving evidence of the crime scene, Royal Caribbean unlocked the "sealed" cabin and cleaned the cabin.  It destroyed evidence in the crime scene.  Once the FBI learned of the cruise line's misconduct, it left the cruise ship and declined to prosecute.

The FBI was willing to let the two rapists (from Brazil) walk free after raping a girl. Even more disturbing is that the evidence destruction occurred on a cruise ship supervised by a former top FBI officer, Gary Bald (photo below left), who now heads Royal Caribbean's security department.

The FBI agents should have arrested cruise line employees for the destruction of evidence, but the FBI looked the other way and simply closed its investigation. The cozy relationship between the FBI and its former FBI agents, who are now working for the cruise lines, sometimes leads to the former and present FBI agents scratching each other's backs rather than protecting the public.

The Broward County Sheriff's Department, on the other hand, was not deterred by the cruise line's misconduct and arrested the two Brazilians. The State Attorney's Office for Broward County then prosecuted the two suspects and obtained guilty pleas from both.  The 20 year old Brazilian man pled guilty last week to two counts of lewd and lascivious battery in the rape of the girl.  He is now behind bars.   

Royal Caribbean Cruise - Director of Security Gary BaldYou would think that the rape of a child on the world's largest cruise ship would be documented on the online database maintained by the FBI and Coast Guard.  That was the intent of the cruise crime law. But the FBI decided not to report it. Take a look here at the FBI statistics.  There is not a single report of a sexual assault for Royal Caribbean in 2012. In fact, there is not one report of a violent sexual crime against a cruise passenger for the entire cruise industry this year.

In prior years, the FBI reported over 400 crimes on cruises a year.  But now with the altered language in the cruise crime law, the FBI and cruise lines are concealing crimes. The FBI online database lists only 13 sexual crimes for all of last year.   

The bottom line is that even thought the cruise rapist is in jail after pleading guilty to state prosecutors, the FBI refuses to reveal the crime to the U.S. public on the online database required by the cruise crime law.

There is monkey business going on here.

The FBI and the cruise lines who routinely hire FBI agents are in cahoots. Congress needs to investigate how they derailed the law.  And the U.S. public needs to know how a law designed to protect women and children on cruises has been sabotaged to protect the image of the billion dollar cruise industry.     

Cruise Lines, FBI & Coast Guard Caught Altering Cruise Crime Law

NBC Bay Area reports that Congress is pointing the finger at the the FBI and the U.S. Coast Guard for watering down a cruise crime law on behalf of the cruise lines to make it easier for the cruise industry to withhold statistics about crime at sea from the American public.

The Cruise Vessel Safety and Security Act of 2010 was intended to provide greater transparency regarding the number of cruise ship crimes which occur on cruise ships each year. The FBI has previously stated that over 400 serious crimes occur a year on cruise ships leaving U.S. ports.

However, last minute maneuvers by the FBI and Coast Guard on behalf of the cruise lines altered the bill so that only crimes "no longer under investigation” by the FBI would be reported in the public database.

Crimes not reported to the FBI, and therefore no longer under investigation, don't have to be disclosed to the public. This encourages the cruise lines to engage in cover-ups, which was the problem which the new law was intended to correct.

The result of the alteration of the law is that only a few crimes are reported to the public rather than the hundreds which actually occur.

Ken Carver, CEO of the International Cruise Victims Association, spent months trying to figure out how the bill was altered.  He learned that the Senator who introduced the law, John Kerry, agreed to permit the law to be altered.

Mr. Carver said he's disappointed that the agencies he’d worked with to make crime statistics more transparent are to blame for the radical changes to the cruise crime law.

"We do feel betrayed there has been a close relationship built up over the years between the Coast Guard, FBI and cruise lines," Carver said. "Why did they want to change it so that instead of working to protect the U.S. citizens it protected the cruise line industry?"  

 

  

Royal Caribbean Passenger Alleges Gang Rape in Cozumel

Cozumel - Cruise Ship CrimeCrimes against women in ports of call is a topic which I write about on a regular basis on Cruise Law News. Cruise lines have a legal duty to warn about the danger of crimes in the ports of call that they sail to on a regular basis.  Cruise lines sell an idyllic image of a care-free tropical vacation, but in reality they know or should know that there are dangers ashore waiting for their passengers.

One country I write about all too often is Mexico.  Drug related crime is increasingly creeping into the port cities. Gang violence will increasingly pose a threat to cruise passengers traveling to Mexico unless things turn around quickly in the future.

But a real threat to female passengers sailing to Mexican ports is violence, including sexual assault, against teenagers and young women.

A case pending in our court system should serve as a wake up call to cruise lines sailing to Mexican ports.  After Royal Caribbean's Oasis of the Seas sailed into Cozumel, a young woman went ashore into the port to shop.  The lawsuit alleges that the cruise line provided her with a map of the shopping locations recommended by Royal Caribbean.  A gang of men brutally raped the young woman while she visited one of the recommended stores.  The lawsuit further alleges that it is believed that the men who raped the cruise passenger worked in the subject shopping area.

Like most crimes against cruise passengers in ports of call, there have been no arrests.  Ostensibly the alleged rapists may still be working in and / or around the shopping area in question.

Does Royal Caribbean warn cruise passengers of this danger?  No.  Cozumel is one of the few ports capable of accommodating the Genesis class cruise ships like the Allure and the Oasis.  No way will Royal Caribbean risk scaring its customers away from Cozumel when it has to sell 11,000 tickets for these two monster ships.

In fact, the cruise line touts Cozumel as one of the safer ports in the world.

Five months after the gang rape of the Royal Caribbean cruise passenger from the Oasis, a Royal Cozumel - Cruise Chip CrimeCaribbean crewmember from the Allure of the Seas was found murdered and floating in the water off of Cozumel.  The cruise line did not alert her or any other crewmembers or passengers of the earlier crime.  Indeed, after the murder Royal Caribbean issued a press release characterizing the crime as "isolated and uncharacteristic for Cozumel."   

It seems that Royal Caribbean forgot about the gang rape a few months earlier? 

The murder, like the rape, remains unsolved.

I have never heard of anyone in Mexico being tried or convicted of a crime against a tourist or a ship employee going ashore. There are several web sites discussing the reluctance of Mexican police to get involved in investigations in cases like this, such as Mexican Vacation Awareness which chronicles crimes and violence against tourists in Mexico.  Some of the local police in Mexico have even been accused of participating in crimes against tourists.

Cruise lines like Royal Caribbean conceal these dangers from their cruise guests.  It appears that even the stores on the cruise line's recommended shopping list may not be safe to visit.

 

Photo credit: AP Photo/Angel Castellanos

Did the Cruise Industry Sabotage the New Cruise Crime Law?

The Arizona Central newspaper published a blockbuster article this morning, Law Withholds Cruise Safety Information, which reveals how the cruise industry avoids reporting crimes.

In 2010, Congress passed a federal law which requires cruise lines to report missing passengers, murders, sexual assaults, and other crimes on cruise ships. Over the years there has been great debate over the frequency of crimes during cruises.  Some experts have reported that the likelihood of being a victim of rape is twice as high on a cruise ship compared to on land, whereas cruise lines conclude - without reference to actual statistics - that cruise crime is "rare."

Cruise Ship CrimeThe new law, called the "Cruise Vessel Safety and Security Act," was designed to force greater transparency from cruise lines regarding just how many women are raped and children molested during cruises. But instead of revealing the true number of crimes which take place, the new law permits cruise lines to cover the crimes up. 

As originally written, the law required the Coast Guard to post on an internet site, "a numerical accounting of the missing persons and alleged crimes . . ." However, shortly before the bill was enacted into law, the language was changed to "a numerical accounting of the missing persons and alleged crimes . . . that are no longer under investigation by the Federal Bureau of Investigation."

As the article explains, this means that the public is not allowed to see reports of:

  • Cases handled only by the cruise lines; 
  • Cases not investigated by the FBI; 
  • Cases under active investigation by the FBI; and
  • Cases left open after the FBI files charges.

The result is that only a tiny fraction of cruise ship crimes are being disclosed to the public. The Arizona Central newspaper states:

"The public is not allowed to see reports of all alleged crimes aboard ships. Where the FBI once publicly reported more than 400 crimes a year, only six crimes on ships in the past nine months have been listed on the public database. And cases not investigated by the FBI -- for example, allegations handled by a ship's security staff -- never will be reported in the database under the new law."

6 crimes on 200 gigantic floating cities?  Give me a break. Earlier this year I reported on 13 sexual crimes committed by a single pedophile crewmember on just a couple of Cunard cruise ships. None of these crimes against little kids ever found their way onto the database. Hundreds of thousands of parents booked cruises and took their kids into the cruise ships' "playzones" without knowing a child predator worked there. That's exactly how the cruise lines want the cruise crime law to work.  

The International Cruise Victims (ICV) organization worked hard for six years to see that the new cruise law came into effect.  The cruise industry and its trade organization, the Cruise Line International Organization (CLIA), fought tooth and nail against the ICV.  But at the last minute, CLIA dropped its opposition to the new law.

I attended the five Congressional hearings in Washington D.C. leading up to the new law (including the June 19 2008 hearing before the Senate, photo below).  I remember thinking that it was funny (i.e., odd, Cruise Ship Safety Hearing strange, suspicious) that CLIA rolled over at the last minute.  Well, now it's clear, the cruise lines were just playing possum.

Cruise lines like Carnival and Royal Caribbean are full of former FBI agents and Coast Guard officials who go into the private sector to make the big bucks working for the cruise lines at the end of their careers.  

While the victims of cruise ship rapes and families of missing cruise passengers were celebrating the passage of the cruise crime bill, the cruise lines were at work with their former colleagues at the FBI and Coast Guard to water the language of the new law down.

The newspaper quotes a FBI spokesperson Denise Ballew saying "We are not at liberty to discuss any information we may have fed into the legislative review process." 

Before the cruise crime bill passed, cruise lines were self-regulating and not required to report crimes that took place in international waters.  Now, there is a law but it was subverted to provide greater secrecy for the cruise industry than ever before.

Cruise lines can now safely hide before the loopholes that were inserted at the last minute without the knowledge of the cruise victims' organization.  The result is that the public cannot learn of the actual number of crimes on cruise ships.

Take a look at the cruise crime statistics here.  They are a joke.   

Let's hope that Congress will not let cruise lines get away with these shenanigans.  Congress needs to change the language of the bill back to as originally drafted.  Otherwise, families thinking of cruising will be tricked and their family members potentially victimized if they rely on this incomplete and deceiving information. 

 

June 10, 2012 Update:  USA Today re-printed the article and there are some brutally honest comments being made in the comment section about the cruise industry, corporate lobbying, Federal government and FBI and pay-offs & sell-outs . . .  

Guilty Pleas in Celebrity Cruises Excursion Bus Robbery in St. Kitts

The St. Kitts & Nevis Observer reports today that five men accused of robbing a tour bus full of cruise passengers in November 2010 pleaded guilty to the crime.

Elroy “Stanny” Williams, Junior “Que” Sobratie, and Curtis Long were charged with four counts of robbery, one count of conspiracy and one count of assault with intent to rob, while Delvin Francis and George Welsh were charged as accessories to the crime.

The men were involved in the armed robbery of the 17 cruise passengers who were aboard a tour bus on its way to Brimstone Hill Fortress.

St. Kitts Cruise Ship RobberyThe robbery targeted 17 cruise passengers from the Celebrity Mercury cruise ship. They were on a cruise sponsored excursion called the "Caribbean Journey Masters tour bus." While the tour bus was heading towards a historic site, rocks and branches were strewn across the bus' path. The driver exited to investigate, and the robbers threw a rock into the windshield of the bus. Two armed, masked men rushed from the bushes and entered the bus.

A local newspaper reported that seventeen passengers, including an infant, were aboard the bus at the time of the robbery. The cruise passengers were robbed of their money, cell phones, jewelry and other personal items.

We wrote a number of articles about the crime:

More Cruise Tourists Robbed, This Time In St. Kitts

Celebrity Cruise Passenger Robbers Face Trial in St. Kitts

"New" Evidence in George Smith Case: "We Gave That Guy A Paragliding Lesson Without A Parachute"

CBS News aired an interesting program today where additional details of the incriminating statements by the "three Russians" about "missing honeymooner" George Smith were revealed.

CBS interviewed former Assistant FBI Director John Miller who explained that the day after Mr. Smith's disappearance, the two Rozenberg men and "Rusty" Kofman were eating breakfast in the cruise ship's George Smith Missing - Cruise Ship Murderdining room when they began filming each other. Miller explains that the men were recorded laughing about the situation and mocking Mr. Smith. 

The camera then stops on one of the three men (who was not identified) who said: "We gave that guy a paragliding lesson without a parachute."

To my knowledge, these precise words have never been revealed to the public before.  Although the release of the actual statement is new, the existence of the tape is not.  The FBI has been in possession of the tape since 2005.

Obviously this statement is incriminating, considering Mr. Smith went over the railing of his balcony and the Royal Caribbean security report on the morning of the disappearance states that young men were seen leaving the area near the Smith's cabin at around 4:30 AM.

With this statement as well as other evidence we are familiar with in the case (we represented Jennifer Hagel and hired forensic scientist Dr. Henry Lee to investigate whether George was thrown overboard), it is disturbing that the FBI has not made an arrest.  

It's long overdue.

 

 

Video credit:  CBS News

Last summer we wrote a series of articles about Mr. Smith's disappearance: Disappearance of George Smith IV - Six Years Later.

"Concerns Linger About Cruise Line Safety"

Cruise Ship Crime - Cruise LawThe Seattle Times published an article today raising the issue of whether cruising is really safer, and crime reporting more transparent, following the passage of the Cruise Vessel Safety & Security Act which came into effect this year.  The article is Concerns Linger About Cruise Line Safety.

The article was written by Christopher Elliott.  Mr. Elliott interviewed me, Ken Carver - the Chairman of the International Cruise Victims (ICV) organization, and David Pelkin - a spokesperson for the cruise line's trade organization, Cruise Line International Association (CLIA).

The CLIA spokesperson dodged the question.  But my thoughts about the issue, as well as those of ICV President Carver, came through loud and clear.

The language of the new cruise safety law was watered down by the cruise lines to the point that reporting crimes alleged on cruise ships is less transparent than ever.  Mr.Elliott writes:

"The International Cruise Victims Association's Carver is also skeptical of the crime statistics. He alleges that the actual number of crimes is hundreds of times higher. "That's the most disappointing part of the new law," he says. "The statistical database is largely incomplete."

The problem is a clever loophole in the law, which stipulates that the FBI doesn't have to include open files in crime statistics. As long as a case isn't closed, it doesn't get reported. "Many travel agents are now marketing cruises by referring their clients to the Coast Guard database for the proposition that there are virtually no crimes at all on cruise ships," Walker adds. "It makes a mockery of the law." 

You can read the article here.

Mexican Violence: Does Anyone Cruise to Acapulco Anymore?

"10 Murdered in Mexican Pacific Resort City" reads the headline in Acapulco today, with a photo below of a bloody body lying in from of a scenic beach resort.  After such a horrific headline and photo, no one needs to read the actual article about the mutilated, dismembered and often decapitated bodies dumped in public areas of the Mexican city.

Two weeks ago, some 50 or so headless bodies were dumped on a highway near Monterrey, Mexico. The corpses had been mutilated with the dead's heads, hands and feet all cut off.

The official word from the Mexican authorities is always the same statement, carefully tailored not to scare the tourists and their U.S. dollars away - its just drug violence; don't worry the Zetas drug gang Violence Acapulco Mexico - Cruise Vacationdon't target cruise passengers; violence like this doesn't happen in cruise ports.

Perhaps it's true that there is more violence in a northern land-locked city like Monterrey, but how about a resort and cruise port like Acapulco?

A year and a half ago, USA Today asked the question in an article "Will Cruise Ships Bypass Acapulco Because Of Drug Violence?"  

Which cruise lines today are still sailing to Acapulco or, for that matter, Puerto Vallarta?  

I've written a number of articles about the dangers presented by violence in Mexico:

Two month ago, armed banditos robbed 22 Carnival cruise passengers who were traveling in a bus back to the port in Puerto Vallarta during a Carnival sponsored excursion.

Last November, armed robbers stuck up a Puerto Vallarta jewelry store while a Holland American Line cruise ship was in port.  The U.S. press didn't mention the story.

In October of last year, I posted this article: "Gun Fight in Cabo San Lucas: Is it Safe to Cruise to Mexico?" after an unbelievable gun fight in broad daylight. 

Two years ago, I wrote: "Royal Caribbean and Norwegian Cruise Lines Pull Ships From L.A. Due To Crime In Mexico."

After I wrote my article about the crazy shoot-out in Cabo last year, I received hate e-mails for a couple of weeks. Not from Mexicans, but mostly from U.S. citizens who moved south and are selling real estate or involved in small businesses in places like Cabo or Puerto Vallarta.

There is no question that drug-related violence is out of control in Mexico.  But do U.S. passengers who have never traveled to Mexico really take the time to distinguish Monterrey from Mazatlan when there are reports of a dozen violent murders in a single day?     

An AP article last year said that although port officials and cruise industry representatives have tried to emphasize that most violence in Mexico takes place away from cruise destinations, the message has a hard time "competing with images of beheaded bodies on the news."

Working for the Mexican tourism board or as a travel agent in LA selling cruises to Mexico seems like impossible jobs in the face of such violence.  

My view?  There are a lot of safe cruise itineraries leaving out of Seattle to Alaska I would consider taking long before sailing my family south of the border.  

 

For additional information, consider:

Photo Blog - Drug Related Killings on the Rise in Acapulco

Five People Killed at the Port of Acapulco (March 2012)

How safe is Mexico for Tourists?

In Acapulco, It's Mayhem by the Beach

 

Photo credit: Latin America Herald Tribune / Reuters (photo taken August 2011)

Stolen iPhone Adventures Aboard the Disney Wonder Cruise Ship

Disney Wonder - Stolen iPhoneNew York Magazine has a rather remarkable story about a cruise passenger who alleges that her cell phone was stolen during a cruise in April on the Disney Wonder.  She was able to identify the alleged thief, a cruise ship employee, thanks to cloud technology after the photos from her iPhone were uploaded to Apple's Photo Stream.

The cruise passenger, "Katy," cleverly uploaded some of the photos taken by Disney crew member, "Nelson," into her Facebook album entitled "Stolen iPhone Adventures."

The album is hilarious.  

Passenger "Katy" places captions on the photos, identifying the alleged crew member thief at various ports, hanging out with his (soon to be ex) girlfriend and partying with his cruise ship posse.  One of the photos includes a crowded crew party with an officer present with a caption identifying the officer allegedly as the captain of the cruise ship. 

Disney Wonder - Stolen iPhoneAh, what fun - an officer partying with the crew below deck documented with a iPhone stolen from a guest.

Disney says that it placed the crew member on "administrative leave" and restricted him from guest areas.

The New York Magazine article is careful to state says that it is possible that the crewmember bought the phone from someone else, or that there is some other explanation as to why he had the phone in his possession.

But cruise passenger "Katy" is not holding back. 

Her photo album has gone viral.  The world now knows that things are not always as they seem on cruise ships, even on the Magical Kingdom's fleet.   

 

Photo credit: "Katy"s facebook page

Disney Wonder Cruise Ship - Stolen iPhone

Disney Wonder - Stolen iPhone

Press Release: New Information in the Unsolved Murder of Cruise Honeymooner George Smith

Greenwich Magazine - Mystery at Seas - Murder of George Smith  A publishing company in Connecticut issued a press release today indicating that there is additional evidence to support the conclusion that George Smith was murdered during his honeymoon cruise in July of 2005. 

Greenwich Magazine indicates that its June edition will contain "new information released for the first time" which will provide additional proof that "could lead to the criminal indictment of suspects in one of the biggest unsolved murder cases in Greenwich, Connecticut history." 

The press release also mentions an "incriminating videotape." 

The story is called Mystery at Sea, and was investigated and written by Timothy Dumas.  Mr. Dumas previously authored the book Greentown, Murder and Mystery in Greenwich, America's Wealthiest Community, which chronicles the murder of Martha Moxley.

The press release states that Mr. Dumas conducted extensive interviews and waded through depositions, cruise ship files, incident reports and witness statements. It appears that he has been working closely with the Connecticut lawyers representing Mr. Smith's parents and sister.  

Last summer I published a series of articles about the case: Disappearance of George Smith IV - Six Years Later

I'm looking forward to reading the article at the end of this month.

Let's hope that the new information leads to an arrest.

 

Credit:  Greenwich Magazine

U.S. State Department: Crime In Nassau, Bahamas Is Critical

Bad news for our friends in the Bahamas and cruise passengers intending to vacation there. 

The U.S. State Department's 2012 "Crime and Safety Report" has labeled New Providence island's (including Nassau) criminal threat level as "critical" with Grand Bahama's island's (including Freeport) level as "high."

"In previous years, most violent crimes involved mainly Bahamian citizens and occurred in 'over-the-hill' areas, which are not frequented by tourists," the report stated.  "However, in 2011 there were numerous incidents reported that involved tourists or have occurred in areas in tourist locations.

Nassau Bahamas - Cruise Ship - Crime "In late 2011, there have been numerous reports by cruise ship tourists and others regarding incidents of armed robberies of cash and jewelery. These incidents were reported during daylight and nighttime hours. In several cases, the victims were robbed at knife-point, and gold necklaces and jewelery were taken. "Cash for Gold" is a new business in the Bahamas that may have resulted in the increase of these type of crimes."

Criminal threat levels are ranked as low, medium, high or critical. Other countries in the region also categorized as "critical" are: El Salvador, Guyana, and Ecuador.

"The US Embassy has received reports of assaults, including sexual assaults, in diverse areas such as casinos, outside hotels, or on cruise ships. In several incidents, the victim had been reportedly drugged."

Unlike the secretive cruise lines, the newspapers in the Bahamas do a very effective job reporting on issues of high crime.   

The Bahamas has the highest incidence of rape in the world according to a 2007 United Nations report on crime and violence.

Our firm has represented five women sexually assaulted on cruise ships in port in Nassau or ashore in the Bahamas. All of the women raped ashore ranged in age from 17 to 23 and were in seemingly safe locations in downtown Nassau near bars or stores within sight of the cruise ships.  

Celebrity Cruise Passenger Robbers Face Trial in St. Kitts

The alleged robbers of a bus load of Celebrity cruise passengers in St. Kitts are facing trial for a crime committed during an excursion in St. Kitts in November 2010.

We wrote about this incident in our article More Cruise Tourists Robbed, This Time In St. Kitts.

The robbery targeted 17 cruise passengers from the Celebrity Mercury cruise ship. They were on a cruise sponsored excursion called the "Caribbean Journey Masters tour bus."  While the tour bus was heading towards a historic site, rocks and branches were strewn across the bus' path. The driver exited St. Kitts Robbery - Excursion - Celebrity Cruise Shipthe bus to investigate, and the robbers threw a rock into the windshield of the bus. Two armed, masked men rushed from the bushes and entered the bus.

A local newspaper reported that seventeen passengers, including an infant, were aboard the bus at the time of the robbery. The cruise passengers were robbed of their money, cell phones, jewelry and other personal items. 

As is often the case in St, Kitts, the police did not release the name of the cruise line or cruise ship. Local police and tourism bureaus in the Caribbean are very sensitive to bad press and avoid embarrassing the cruise lines on which they rely for the U.S. tourist dollar.  Nonetheless, the crime caused cruise lines to temporarily suspend cruises to the island.

The St. Kitts & Nevis Observer reports that five men are accused of being involved in the robbery.

St. Kitts has recently been in the "cruise news" lately.  Last month, a young woman from Royal Caribbean's Serenade of the Seas alleged that she was raped aboard an excursion sailboat which sailed between St. Kitts and Nevis.  

 

Photo credit:  St. Kitts & Nevis Observer

Panama Opens Criminal Investigation Into Princess Cruises - Captain Perrin to Face Homicide & Failure to Rescue Inquiries

A reader of Cruise law News in Panama brought an article in the Panamanian newspaper Prensa, entitled "MP Abre Sumario a Capitán de Crucero" to my attention this morning.    

As I predicted last week, Panama has decided to proceed with a criminal investigation into the conduct of the Master of the Princess Cruises cruise ship Star Princess, for failing to assist three young Panamanian men who were adrift 100 miles out to sea aboard the Panamanian fishing boat Fifty Cents.  

Several passengers observed the fishing boat in distress and tried to convince the cruise ship to assist. Initial reports indicate that officers aboard claim that they were avoiding fishing nets and allegedly were thanked Princess Cruises - Star Princess - Panama Fifty Centsby the fishing boat. Princess Cruises later claimed that the captain of the cruise ship was never informed of the people in distress.     

The article explains that the Public Ministry (MP) of Panama launched an investigation into the deaths of two Panamanian fishermen, who went adrift in their fishing boat on February 24, 2012. 

The investigation was initiated by a Panamanian lawyer who filed a complaint on April 18, 2012. The aunt of one of the dead fishermen, Fernando Osorio, was quoted by a newspaper in Panama, My Diary, "I ask that you drop the full weight of the law" on the captain. She referred to her 16 year old nephew as a human being, not an animal to be left in the sea.

The General Secretariat of the MP referred the investigation to the Homicide Division of the Judicial Investigation Department.

Last week, I wrote about the duties owed to persons in distress at sea and the rights of the cruise ship flag state, Bermuda, and the  government of Panama to pursue criminal charges: Duty of Cruise Lines to Assist Persons In Distress: Moral, Legal & Practical Considerations On The High Seas

My prediction?  Bermuda will do a favor for its cruise line customer, Princess Cruises, and exonerate Captain Perrin. Panama will issue an arrest warrant for the captain and a writ of attachment to seize the next Princess cruise ship sailing through the Panama Canal . . .    

 

Read our first article about this case: Two Dead Fishermen: Did Star Princess Cruise Ship Ignore Mariners in Distress?

Photo credit: MY DIARY | Roca Gonzalez Edilsa

Cruise Ship "Prey Zones" - U.S. Media Ignores Widespread Sexual Abuse Of Children On Cunard Cruise Ships

Yesterday, we reported on the case of Cunard cruise youth supervisor Paul Trotter who was arrested in February after police in England were tipped off that his home computer contained indecent images of children. When the police seized his computer, they realized that Trotter had filmed himself sexually abusing the children on the cruise ships.

We reported on the story after reading a police statement which indicated that the abuse occurred in and/or around the children's "play zone area."  Many cruises lines have lax policies and procedures and permit adult crew members to be alone with children and take them into the bathrooms in the children's clubs.

Paul Trotter - Cunard - Sexual Abuse of Children The police had the difficult task of identifying the victims, and then faced the unpleasant task of informing the parents that their children were molested by the youth counselor whom they entrusted with their children's safety during a family cruise.  

I posted an article about this disgusting set of circumstances early yesterday morning. There were already two articles posted in England.  I anticipated that the U.S. press would soon follow.  After all, Cunard is owned by Miami-based Carnival and many thousands of U.S. families have sailed aboard Cunard's Queen Mary 2, Queen Elizabeth and Queen Victoria cruise ships.

The police found evidence that Trotter abused at least 13 children.  But he worked for Cunard for many years, some articles say 4 years others say 5 years.  Although one victim is too many and 13 victims is a lot, do you think that is all of the victims?  Trotter enjoyed the luxury of waiting for his victims in the "play zone" over the course of hundreds and hundreds of cruises where unsuspecting families dropped their kids off to be watched by him.  

We know from the Penn State-Jerry Sandusky case and the failures of the Catholic Church for decades, that sexual predators who target kids cannot be cured. They will abuse children for decades.  First there's one victim, then 2 or 3, then a dozen, and then the public comes to the uneasy realization that there must be many more but there will never be a definitive list. Victims, particularly child victims, are afraid to tell their parents what happened and try to suppress the trauma out of shame or confusion.  

Were U.S. children victimized by Trotter in the children's "play zones" of the three Cunard ships?  Only the most naive person would think not.  

Is Trotter the only child predator who worked for Cunard or Carnival?  Only the most naive person would think so. 

The "play zones" were Trotter's "prey zones" where he would target his victim, groom the child, and then engage in his depravity while videotaping the crime - probably in a bathroom.      

At the end of the day yesterday, there were over a hundred articles about Mr. Trotter all showing his creepy looking mug shot. All of the articles were in the U.K. and in other European countries.

Not a single U.S. newspaper or television / cable news covered the shocking news.  Only this blog, Cruise Law News.

I emailed the articles to news reporters, tweeted about the crimes and challenged the local newspaper and bloggers who cover cruise news to address the issue. Everyone remained silent.  Their journalistic ethics of honestly reporting on an important story fell short of their financial self-interest of not losing cruise sales or not embarrassing Cunard or Carnival or CEO Micky Arison.  As I write this follow up article this Saturday morning, the U.S. media remains silent. 

Newspapers like the Miami Herald and USA Today are deep in the cruise lines' pockets.  The cruise lines advertise heavily in the larger newspapers, and the "journalists" simply look the other way when stories appear that may embarrass their cruise lines friends.  I have warned for years about this problem. Take a moment and read Perverts, Child Predators and Cruise Ships or Cruise Lines Are A Perfect Place to Sexually Abuse Children.

Newspapers like the Miami Herald and USA Today should be ashamed.  They do the public a terrible disservice not warning parents of the dangers posed to children on cruise ships. They are happy to write puff pieces for Carnival and Cunard but avert their eyes when things go terribly wrong.  They are complicit with the Carnivals and Cunards who don't protect the children and then choose their marketing reputation over the children's welfare. 

 

 

Who's reporting on the Cunard / Paul Trotter story as of April 21, 2012:

U.S.A:  

Cruise Law News

U.K / Ireland:

BBC News Telegraph Mail Online The Sun Daily Echo Lancashire Evening Post Pontefract and Castleford Express ITV News The Independent Swindon Advertiser Belfast Telegraph Bourne Local Huffington Post UK MSNBC News UK Isle of Man Today and a hundred others in England.


Update of U.S. Media reporting on Cunard / Paul Trotter:

Old Salt Blog - April 21, 2012

Cruise Radio - April 22, 2012

South Florida Business Journal - April 23, 2012

Sun Sentinel - April 24, 2012

Cruise Critic - April 24, 2012

'Ships of Shame" - Australia's 60 Minutes Looks at Cruise Ship Crime

Yesterday, Australia's 60 Minutes aired a special program investigating crimes on cruise ships.

The program mentioned the disappearance of Rebecca Coriam (from the Disney Wonder) and Merrian Carver (from the Celebrity Mercury), the outrageous circumstances surrounding the death of Dianne Brimble on a P & O cruise ship, and the sexual assault of a 15 year old girl aboard the Royal Caribbean Rhapsody of the Seas.

The program focuses on the problems posed by flags of convenience.  U.S. based cruise ships do not fly American flags but the flags of countries where the cruise ships are registered in order to avoid taxes, labor laws, and safety regulations. If you are on a victim of a crime on a cruise ship flagged in the Bahamas, Panama or Liberia, these countries have jurisdiction and will either do nothing or eventually assign a single policeman to investigate.  Not surprisingly, there are virtually no convictions in most cases of cruise ship crime.

The cruise lines refused to appear in the program, but sent a representative of the trade organization, the Cruise Line International Association, Michael Crye.  Mr. Crye is a lawyer who often appears in public for the cruise lines.  Appearing very nervous, he admitted that most Americans have no idea that a police officer from a third world country would be the representative who may (or may not) appear on the cruise ship following a crime.    

Take a few minutes and watch the program here: Ships of Shame.  

Cruise Ship Door Locking Devices - What On Earth Is This?

A member of Cruise Critic posted a photograph of some kind of device designed to prevent the insertion of a key card to unlock a passenger cabin door as well as to padlock the door handle from moving.

The passenger apparently sailed aboard an unidentified Royal Caribbean cruise ship last month, and invited the fellow Cruise Critic members to speculate on why this device was used.

Cruise Passenger Door Locking DeviceWas the device used to lock a passenger in the cabin? This seems very unlikely.

Or was the device used to keep the cabin secure for an investigation by law enforcement officials to search for drugs or to investigate a crime scene?

Aren't these cruise ship doors designed such that there is a master lock or key which can prevent cleaning personnel out of the cabins following crimes?

What happened on the Royal Caribbean cruise ship at the end of last month?

Which cruise ship was this (some speculate the Liberty of the Seas or the Monarch of the Seas)?    

As a maritime lawyer who has represented many passengers whose family members have been sexually assaulted in their cabins, I have seen many incidents where the passenger cabins were meticulously cleaned when the crime scenes should have been preserved.

Is this a device designed to prevent that from occurring? 

I am curious why any cruise line would use this particular type of locking device?

Anyone have information to solve this riddle?  Please leave a comment below.

 

Photo credit:  Cruise Critic member SSPhone

"Attacked at Sea" - the Dark Side of Cruising

NBC Bay Area aired a cruise crime special last night regarding the problem of sexual assaults at sea. The program is called "Crime Onboard - The Dark Side of Cruising."

NBC reports that although cruising is one of the most popular ways to travel and vacation, passengers are often left in the dark about the risks out at sea.  One problem is how many reported crimes are actually made public. The investigation concludes that shipboard crimes are often unreported, covered-up or not accessible by the public.

The program begins with cruise passenger Laurie Dishman who was sexually assaulted on a Royal Caribbean cruise ship who was sexually assaulted by a part time security guard with a history of sexually harassing women during cruises.  We represented Ms. Dishman in a lawsuit against the cruise line.  

 

 

You can watch the video interview with Ms. Dishman's Congresswoman, Doris Matsui, here

 

Video credit:  NBC Bay Area

NBC Special: Crime Onboard - the Dark Side of Cruising

As part of its special investigation into the problem of crime on cruise ships, "Crimes Onboard - The Dark Side of Cruising," NBC Bay Area interviewed Congresswomen Doris Matsui (D-CA) who was instrumental in the passage of the Cruise Vessel Security & Safety Act.

Congresswoman Matsui's constituent (and our client) Laurie Dishman called upon her after Ms. Dishman was sexually assaulted on a Royal Caribbean cruise ship in February 2006. Congresswoman convened a hearing regarding the crime. Ms. Dishman testified before Congress in 2005 regarding her ordeal.  She traveled to Washington D.C. over 30 times to lobby for the passage of a cruise crime bill to protect women and children from sexual assaults on cruise ships.

Congresswoman Matsui discusses the new safety law which became effective this year.  She points out correctly that one of the purposes of the new law was to educate the public regarding the startling number of sexual assaults and other crimes which occur on cruise ships each year.  However, after the bill was voted into law, the final version of the law was watered down.   The FBI and Coast Guard now reveal only the number of closed criminal cases on cruise ships as opposed to the number of total crimes actually occurring each year.  

The public is warned of only a fraction of the real number of cruise crimes.  

The difference is between 16 closed cases as opposed to the actual number - "in the hundreds."

The democratic process is a slow one.  The cruise industry vigorously fought against the new cruise law for years, only to cave in at the end when passage of the law was likely.  Now it turns out that some limiting language was inserted into the bill at the end of the day which conceals the majority of the crimes which occur each year on cruise ships.  I wonder who did that? 

As Congresswoman Matsui points out, she and others in Congress are working on this issue.  The cruise crime law is just the first step to deal with the problem of crime on cruise ships.    

 

 

Watch the video interview of Congresswoman Matsui's constituent, Laurie Dishman, here

Video credit:  NBC Bay Area

FBI Arrests NCL Assistant Cruise Director for Engaging in Sex With 16 Year Old Passenger & Child Pornography

The Federal Bureau of Investigations ("FBI") arrested the assistant cruise director of the Norwegian Star cruise ship for engaging in sex with a 16 year old passenger and possessing child pornography.   

29 year old Senad Djedovic, from Bosnia and Herzegovina, worked for Norwegian Cruise Lines (NCL) for six years for a number of different NCL cruise ships 

The 16 year old girl, from Minnesota, was sailing with her family on a 7 day cruise out of Tampa at the end of January.  Djedovic met the girl shortly after she boarded the cruise.  At the end of the cruise he engaged in sex with her in a stairwell on the cruise.  After the cruise, Djedovic exchanged Senad Djedovic - NCL - Cruise Ship Sexual Abuse emails with the girl which included explicit images and a video of him masturbating in front of a photo of the child. 

One email included the message: I miss you big time . . . you little young girl."  

The child 's father allegedly told him earlier in the cruise that she was 16 years old.  He apparently admitted to other crew members that she was only 16. 

The FBI seized his computer which contained child pornography on a hard drive.  Under a sub-folder entitled "scandals" there were several videos depicting sexual acts with 12 to 15 year old girls, which were downloaded from the internet. 

The Department of Justice charged Djedovic with sexual abuse of a minor and possessing materials involving the sexual exploitation of minors.  

Sexual abuse of minors during cruise by cruise staff and older passengers is one of the real dangers on cruise ships.  Last month we reported on a Cunard children's activities supervisor being arrested for child sexual abuse

You can read about many other cases where crewmembers possessed child pornography or crewmembers and passengers sexually abused minors during cruises here, involving all of the major cruise lines - Carnival, Celebrity, Disney, Norwegian, Princess and Royal Caribbean.

Lost at Sea: Australia's Dateline Features Cruise Law & International Cruises Victims

Dateline Lost at Sea Cruise Disappearances and Cruise CrimeAustralia's popular television program Dateline aired a cruise special today about missing passengers & crewmembers and crime at sea.  

The program starts with the case of missing Disney youth counselor Rebecca Coriam who disappeared from the Disney Wonder cruise ship last year.  Her parents Mike and Ann Coriam were interviewed and express their thoughts about how the case is being handled.

The program also features the case of missing Holland America Lines (HAL) passenger Blake Kepley who vanished from the HAL's Oosterdam.  

The CEO (Ken Carver) and President (Jamie Barnett) of the International Cruise Victims (ICV) are on the program.  Mr. Carver lost his daughter Mirian Carver on the Celebrity Mercury and Ms. Barnett's daughter Ashley died during a Carnival cruise.

I am interviewed and I discuss the problem of cruise ship crime and the cruise industry's lack of transparency.

Take a minute and watch the program below: 

 

Robbing Cruise Passengers in Bulk - Yes, It Happens!

Yesterday I talked about the recent armed robbery of 22 Carnival cruise passengers who were traveling in a bus back to the port in Puerto Vallarta during a Carnival sponsored excursion.

I mentioned that the cruise lines and tourism officials would quickly start a PR campaign to convince the public that robberies of large groups of passengers is rare.  But it's not.

There have been at least 100 passengers robbed at gunpoint (or machete) during excursions over the last 3 - 5 years; the majority of them were traveling in large cruise excursion groups. 

In 2007, 17 passengers from the Carnival Conquest cruise ship passengers were robbed at gunpoint during a cruise line sponsored excursion after sailing to Montego Bay, Jamaica. The excursion was to Cruise Excursion Bus - Cruise Ship Crimethe Lethe Estate, an old banana plantation.  The Carnival passengers were riding in a trolley when several bandits jumped out of the bush and robbed the 17 cruise tourists. cam. The passengers were terrorized as the gunmen pointed guns at the children on the trolley and took off with the passenger's jewelry, wallets, purses, cameras and money.  You can read the account in the USA cruise blog here.

Since I started Cruise Law News two and one-half years ago, I have reported on 4 armed robberies of cruise tourists in groups between 11 and 18 people. 

In November 2010, 17 Celebrity cruise passengers were robbed at gunpoint in a tour bus.  While the buds was heading toward a historic site, rocks and branches were strewn across the bus' path.  When the bus stopped, armed robbers threw a large rock into the front window and rushed into the bus and robbed the excursion group. 

In December 2009, 14 NCL passengers were robbed during a "safari" excursion in Anese-La-Reye by 4 masked men armed with guns and knives. The robbery occurred at beautiful waterfall advertised as a "perfect place to spend several hours in quiet reflection." 

In October 2009, a Bahamian newspaper reported that two "vicious robbers" held a group of 11 terrified cruise passengers from a Royal Caribbean ship by gunpoint in Nassau.

In November 2099, 18 cruise passengers were robbed during an excursion in the Bahamas during an excursion into a remote natural preserve.  The passengers were part of a large Segway excursion which contained passengers from Royal Caribbean and Disney cruise ships.  

In addition to these incidents, there are dozens of other robberies of smaller groups, involving couples and families, which occur while the passengers are ashore.

When cruise experts and the tourism bureaus in Mexico and the Caribbean islands tell you that such crimes are "rare," take the time to educate yourself.  Don't trust your family's safety on representations from those who are trying to sell a product.  As the saying goes, those who don't learn history are doomed to repeat it. 

Armed Banditos Rob 22 Carnival Passengers on Excursion in Mexico

The issue of the safety of cruise passengers in Mexico is again in the news with the armed robbery of twenty-two cruise passengers in Mexico on Thursday.

The passengers had sailed to Mexico on the Carnival Splendor and were on an excursion near Puerto Vallarta which was advertised and sponsored by the cruise line.

A Mexican newspaper reports that masked men robbed the passengers at gunpoint when they were returning to the cruise ship in a bus after touring "El Nogalito," a natural park.  The gunmen took off with the passengers billfolds, watches, cameras, cellphones and jewelry.  The newspaper reports that the local authorities initially tried to downplay the incident.

The Puerto Vallarta Robbery is Just Latest Crime Targeting Cruise Passengers

Puerto Vallarta - Cruise Ship  - Crime MexicoCruise lines and the local tourism boards usually respond to these type of crimes against tourists by claiming that they are rare.

In the video below (KCAL-9 / CBS Los Angeles) you can hear travel expert Peter Greenberg, say (excitedly) that armed robbery of cruise tourists in buses is "highly unusual" and an "aberration," while mentioning that he has plans to vacation in Mexico next week. 

But the truth is that crimes like this are not rare at all. U.S. passengers disembarking into Mexico and the Caribbean Islands are increasingly being targeted by criminals in groups.  We hear of virtually no crimes against passengers disembarking in Canada, Alaska or European itineraries.  But Mexico and the Caribbean ports of call, plagued by poverty and drugs, are a different story. The banditos go after the money and jewelry and cruise tourists have both.  Why target a single tourist when you can rob cruise passengers in bulk in buses in remote areas?  

Cruisers are sitting ducks.  Consider that over 100 cruise passengers have been robbed at gunpoint or murdered just in Mexico or the Caribbean islands in the last couple of years:

Eleven Royal Caribbean Cruise Passengers Robbed In Nassau

Eighteen Royal Caribbean and Disney Cruise Passengers Robbed at Gunpoint in Nassau

Fourteen Passengers Robbed at Gunpoint at Anse-La-Reye Waterfall in St. Lucia

Seventeen Celebrity Cruise Tourists In Bus Robbed in St. Kitts

Royal Caribbean Crewmember Murdered in Mexico 

Bahamas Cruise Crime Nightmare Continues 

Gun Fight in Cabo San Lucas - Is It Safe to Cruise to Mexico?

Violence Strikes Puerto Vallarta Jewelry Store While HAL Cruise Ship in Port  

More Caribbean Crime - Carnival Cruise Passenger Killed in St. Thomas  

NCL Cruise Passenger Murdered in Guatemala

Passenger From Star Clipper Murdered in Antigua

Cruise Passengers Attacked and Robbed in Antigua While Cruise and Tourism Officials Meet

Royal Caribbean and Norwegian Cruise Lines Pull Cruise Ships From L.A. Due to Crime in Mexico

Does the Cruise Industry Monitor Crime in Ports of Call? 

Is the cruise industry providing adequate warnings to families of the dangers ashore in the ports chosen by the cruise lines?  It seems to me that unsuspecting cruise guests are being disembarked into increasingly dangerous ports of call in Mexico and the Caribbean.

Expect a lively debate where Mexican officials will understate the problem and the cruise industry defenders will chant "crime occurs everywhere."  But it's only in Mexico and the Caribbean ports where cruise passengers are robbed at gunpoint, literally by the busload.

 

Read Sun Sentinel's Cruise Crime Database (and Don't Forget the Cartoons)

With cruise safety hearings coming up later this month in Washington, the debate will resume regarding how many crimes really occur on cruise ships.

The cruise lines will say that crime is rare but will not refer to any database to support their their self-serving conclusion.  Cruise lines do not reveal their own internal crime statistics, except when ordered to do so under the threat of sanctions by a court.

But there are some on-line sources of information.  In addition to this blog, there is of course the web site Cruise Junkie by cruise expert Ross Klein who tracks cruise ship crimes.  

Another interesting source is a database by the Fort Lauderdale newspaper, the South Florida Sun Sentinel, which listed cruise crimes from December 2007 to October 2008.  You can look at the hundreds of various crime allegations, some petty and some very disturbing, here.

Unlike the Miami Herald which is beholden to the cruise lines which advertise in the Miami newspaper, the Sun Sentinel has maintained a sense of journalistic integrity when it comes to reporting on things that go wrong during cruises.

The Sentinel also has a sense of humor about the cruise industry.  Take a look at the cartoon which ran last week after several Princess cruise ships returned to Fort Lauderdale filled with passengers sickened by norovirus:

Chan Lowe - Cruise Ship Norovirus

" . . . viral diseases, crimes of violence, theft, seasickness, weight gain, liver damage, possibly getting stuck at the dinner table for the entire journey with people who deny the theory of evolution … sounds like the kind of vacation from which lasting memories are made . . ."

The cartoon and comments are by Chan Lowe who has been the Sun Sentinel’s editorial cartoonist for the past twenty-six years.  

 

Cartoon credit:  Chan Lowe / South Florida Sun Sentinel / Tribune Media 

Cruise Industry Accountability Back in the Spotlight: U.S. House and Senate to Hold Hearings on Cruise Ship Safety

Cruise Ship Safety HearingsThe U.S. House and Senate have scheduled hearings for February 29 and March 1, 2012 to address whether the cruise industry has taken adequate steps to protect cruise passengers and comply with newly enacted laws designed to make cruising safer.

A series of events prompted the Congressional hearings.  

First, and most obvious, is the Costa Concordia disaster.  There is not much debate that the cruise ship engaged in a reckless maneuver of showboating near the rocks of Giglio - apparently with the blessing of the cruise line - which endangered the lives of thousands of passengers who were further imperiled by the irresponsibility of the vessel's officers and the disorganization of its crew.  Chaos and confusion caused by a cowardly to-hell-with-the women-and-children captain who managed to place his mistress in one of the first lifeboats to safety.

17 dead and 15 missing are the result. 

Only after these deaths did the public learn that the International Maritime Organization (IMO), which is suppose to oversee the cruise lines, did not even require lifeboat drills before the departure of ships from port.  So much for the "stringent requirements" of this toothless United Nations' maritime fraternity. This is the madness which results when cruise lines are left to their own devices.

Secondly, and equally importantly, is the failure of the cruise lines, the Federal Bureau of Investigations (FBI) and the Coast Guard to comply with the newly enacted Cruise Vessel Security and Safety Act.

The new cruise safety law was designed to require the cruise lines to do things as simple as bore peepholes in passenger doors, and to have at least one crewmember certified in crime scene preservation.  The Coast Guard was required to post accurate crime statistics on a web page based on crimes reported to the FBI.  The purpose of the crime statistics was for the public to finally see truthful crime statistics of the thefts, homicides, suspicious deaths, assaults and sexual assaults which occur during cruises. 

The cruise lines have failed to comply with many aspects of the new law.

This year alone I have seen a cruise line destroy evidence more thoroughly and brazenly than I have ever seen; refuse to release a rape victim's medical records to the victim as required by law; and refuse to report crimes in a timely and accurate manner.

The reporting system in place by the FBI and Coast Guard is a joke.  Over the years we have obtained (through court orders) lists of rapes on cruise ships.  We know that cruise lines historically have over 100 sexual assaults a year, in addition to thefts, disappearances suggesting foul play and physical assaults. But take a look at the FBI / Coast Guard on-line report of the last quarter of 2011 here - only 3 sexual assaults and not one single theft, physical assault, homicide or suspicious death for the entire cruise industry!  

The problem is that the FBI is disinterested in involving itself in shipboard rapes, disappearances and murders and is leaving the dirty work to the cruise line security to investigate the crimes.  But there is an inherent conflict of interest in delegating law enforcement duties to the cruise ship's security officers who have already failed the cruise passengers. One of our clients was raped by a security guard.  Do you think the cruise line security department is going to build a case against one of their own?  The bottom line is that many cruise crimes remain unreported by the cruise lines or not investigated by the FBI.

The problem is compounded by the fact that the FBI does not report crimes to the Coast Guard database whenever there is an open file.  One thing that the FBI is good at is keeping its investigations open, even if there are no investigations ongoing.  The Department of Justice rarely prosecutes cases after FBI investigations.  

The International Cruise Victims (ICV) has worked hard over the past 6 years to bring the new cruise safety law into effect.  Our firm has attended 5 Congressional hearings since 2005, 4 in the House and 1 in the Senate, before the new law came into effect.  We have seen the dedication of the ICV members over the years.  One of our clients, Laurie Dishman, has traveled to Washington over 30 times to lobby Congress for a law to protect the cruising public.  

Cruise ShipsIts a real shame that the goals of the new legislation - greater accountability and transparency of the cruise lines and greater safety of passengers in the process - are being subverted by the cozy relationship between the self-regulating cruise industry and the FBI which has little interest in investigating cruise ship rapes.

So far, the entire cruise industry has refused to commit to send one single cruise line president or CEO to attend the cruise hearings at the end of this month.  Instead the cruise industry will send Christine Duffy, the president of the Cruise Line International Association (CLIA), who has been giving talking points on how to sell cruise tickets to travel agents by overcoming customer fears about cruising following the Costa Concordia debacle.

We will hear about how wonderful cruising is and how the safety of the passengers is the cruise industry's highest priority.  Ms. Duffy will make these remarks while 2 Americans and 13 other passengers from other nations remain trapped dead in the sarcophagus of the Costa Concordia.    

Hopefully the House and Senate will see through this happy talk.

The Concordia crash should be a wake up call that this is a self-regulating industry which needs a tight rein.  The cruise line / FBI / Coast Guard reporting system is a failure.  Congress needs to take a hard look at the cruise industry and the federal agencies which are making a mockery of the cruise safety law. 

Raped on a Cruise Ship Operated by an Italian Cruise Line and Flagged in Panama? Cruise Rape Victim Falls Through Jurisdictional Cracks . . .

A criminal trial against a South African man accused of raping a South African woman during a cruise ended when the trial court ruled that the alleged rape did not occur in the territorial waters of South Africa.

Sindhu Ramanandh Bhogal - Alleged Cruise Ship Rapenewspaper in South Africa published a disturbing story about the defense raised by the lawyers for a passenger who is accused of raping a woman after allegedly spiking her drink during a cruise aboard the MSC Sinfonia cruise ship.

The case involves South African national Anika Marks who sailed on the MSC Cruises ship in November 2009.  Ms. Marks was on what is described as a three-day business trip with work colleagues when another South African passenger, Sindhu Ramanandh Bhogal, allegedly drugged and raped her. 

The cruise ship regularly sails between Durban and Mozambique. On the cruise in question, Ms. Marks says that she had been dancing at a disco on the cruise ship when she went alone to an outside deck to smoke a cigarette. Bhogal was there and they spoke.  She left to go to the toilet, leaving her drink and cigarettes on the deck next to Bhogal.

After she returned, she smoked a cigarette Bhogal offered her and drank a drink he offered her.  Marks thereafter "lost control of her head and body" and then remembered walking down stairs with Bhogal behind.  The next thing she remembered was Bhogal on top of her, with her dress up and underwear off, and him raping her.

After two years of legal wrangling, defendant Bhogal's lawyers asserted a new defense - the South Anika Marks - South Africa - South Africa - Cruise Ship RapeAfrican state courts cannot try him for the cruise ship rape because the incident happened in   Mozambican waters.

Mr. Bhogal’s lawyer cited a provision in the South African Criminal Procedures Act that if the alleged crime occurs in international waters or another country's territorial waters, the South African state courts have no jurisdiction.

Because the MSC cruise ship is operated by an Italian cruise line and is flagged in Panama, technically only the country of Panama can prosecute crimes against a South African woman which occur outside of the territorial waters of South Africa.

I have never heard of Panama ever investigating or prosecuting crimes on Panamanian flagged cruise ships.  After all, cruise lines flag their ships in places like Panama to avoid oversight. That's where Carnival, for example, flags its vessels.  If you are a woman sexually assaulted on a Panamanian flagged cruise ship and your country does not permit criminal prosecutions of rapists in international waters, don't expect anyone from Panama to arrest the assailant.  You are in an international no-man's land. 

 

Photo credit:  INSLA

16 Brawling Passengers Kicked Off P&O Cruises' Pacific Dawn

A newspaper in Australia is reporting that 16 cruise passengers, with ages between 18 and 23, were booted off the P & O Cruises' Pacific Dawn cruise ship for fighting.  

The incident occurred late at night, with some newspaper accounts suggesting that the men were intoxicated and fighting over a woman. 

The Observer reports that one of the passengers was arrested after he allegedly assaulted a female crew member.  The newspaper quotes one of the rowdy passengers stating: "We got PO Cruises Pacific Dawn Brawlkicked off because we were having too much fun . . . It was awesome." 

Outbreaks of fights like this are one of the occurrences which mar the cruising experience.  How often these incidents occur is subject to debate.  Recently, 20/20 aired a cruise expose which showed lots of YouTube videos of cruise drunks and out-of-control brawls.  Many travel agents and cruise fans were upset with what they thought was a sensationalist television program.  

We have looked into the problem of too much booze and fights on cruises over the last few years in our articles:

Cruise Ship Brawls - A Problem that Will Get Bigger with Bigger Ships

More Cruise Ship Violence - A Drunken Brawl On Carnival's Dream

If you were on the cruise and have photos or video of the brawl, please leave a comment below. 

  

Photo credit:  Christopher Cahn / Observer

Alleged Cruise Ship Rapists From Brazil Seek Low Bond

Luiz Antônio Scavone Neto - Alleged Cruise Rapist - Luis Scavonne The Sun-Sentinel reports that at a hearing this morning the defense lawyer for alleged cruise rapist, Brazilian citizen Luis Scavone (full name Luiz Antônio Scavone Neto) requested a Broward judge to set "little or no bail."   However, prosecutors for the state argue that defendant Scavone is a flight risk. 

Judge Matthew Destry scheduled a hearing for this Friday to take testimony and hear argument whether defendant Scavone, who allegedly committed "lewd and lascivious" acts against a 15 year old girl on the Royal Caribbean cruise ship, is a fight risk.

Scavone is photographed above left, in happier times.  

The Broward County Sheriff's Office arrested Scavone together with a 15 year old boy, described as an  "alleged accomplice," who lured the 15 year old girl from an on-board nightclub into a passenger cabin on Royal Caribbean's Allure of the Seas cruise ship, according to state prosecutors.

The incident was investigated by the FBI and the Broward County Sheriff's Office which also asserted jurisdiction after the cruise ship returned to port in Fort Lauderdale.

Luiz Antônio Scavone Neto - Cruise Rape Suspect - Allure of the SeasA previous judge who presided over the preliminary hearing,  John "Jay" Hurley, expressed concern that Scavone would flee to Brazil if given the opportunity.  The Sun-Sentinel quotes the judge saying "People who are from Brazil can go to Brazil, and there's very little chance that they'll be brought back to the United States."  The judge called Brazil a "loophole."  The judge was referring to the fact that Brazil recently amended its constitution to prohibit the extradition of criminals from Brazil.  Judge Hurley ordered that Scavone be fitted with a GPS monitor if he is released from custody while the case is pending.

It will be interesting to learn whether the two defendants hid after the alleged crime on the ship ship to avoid responsibility.  That would be a good indication whether they would try and flee the U.S. if released on a low bond. 

The press in Brazil are showing interest in this alleged cruise ship crime.  Several newspapers are publishing stories.  The 15 year old defendant's uncle is apparently a lawyer in Brazil.  The SRZD newspaper in Brazil quotes the family lawyer in Brazil denying everything and making nasty comments about the victim and her family.

Read Our Prior Article:  Two Rapes Alleged on Royal Caribbean's Allure of the Seas Cruise Ship 

Photo credits:

Top:  Brazil Voice

Bottom:  Joe Cavaretta via Sun-Sentinel

Sun-Sentinel article credit: Rafael A. Olmeda

Two Rapes Alleged on Royal Caribbean's Allure of the Seas Cruise Ship

The world's largest cruise ship was the location for two shipboard rapes during a 10 day Christmas and New Year cruise which returned to South Florida yesterday.

The first reported incident occurred on the last night of the cruise and has been reported by several local news stations.  It involved a 15 year old girl who was lured from a cruise line teen club under false pretenses back to a passenger cabin and then sexually assaulted by a 20 year old man and another 15 year old boy.

Allure of the Seas Passenger - Luiz Scavone - Brazil - Rape - Sexual AssaultThe alleged assailants are two Brazilian passengers who were sailing aboard Royal Caribbean's Allure of the Seas, which is based on Port Everglades in Fort Lauderdale, Florida.

According to the Broward County's Sheriff's Office, the 15 year old girl was at the cruise ship's teen club called "Fuel" when a 15 year old boy told her he was having a party in his room.  The young girl, who was vacationing with her family, was led to believe that she would meet friends there.  However, after entering entering the cabin, she was confronted by an older passenger, Luiz Scavone, age 20. His full name is Luiz Antônio Scavone Neto.

The Broward Sheriff's Office (BSO) said that Scavone and the 15 year old boy prevented her from leaving, removed her clothing, forced oral sex, and then both raped her. "The victim told them 'no' several times and tried to leave but was not able to," according to the  BSO.

Scavone and the 15-year-old boy have been charged with "lewd and lascivious battery."  Scavone is in jail in Fort Lauderdale.  His Broward County Sheriff's mugshot is to the left. 

A judge in Broward County ordered Scavone to relinquish his Brazilian passport.  According to CBS Channel 4, the judge stated that if the immigration hold is lifted, and Scavone is released on bond, he must be fitted with a GPS monitor and is barred from applying for a replacement passport.  The judge cited the case of a Boynton Beach police officer who fled to Brazil last July using a replacement passport after he was indicted on a drug charge.  The U.S. used to have an extradition treaty with Brazil for decades, however Brazil now prohibits its citizens from being extradited to other other countries to face criminal charges.

The second incident occurred in the early morning hours of January 1, 2012.  It also involved a Brazilian passenger, believed to be in his 40's, who sexually harassed and then sexually assaulted and battered an U.S. college student.  The young woman was treated in the ship infirmary and underwent a rape examination.  Unlike the incident involving the 15 year old victim where the assailants were arrested, the Brazilian man was released by the FBI and the Broward Sheriff's Office.  He returned to Brazil and cannot be extradited.

This incident has not been reported in the media.  Royal Caribbean has not issued a statement regarding the second allegation of sexual assault.

 

 

Issues to consider:

These incidents raise questions regarding the adequacy of the security aboard the world's largest cruise ship.  The Allure and its sister cruise ship, the Oasis of the Seas, can carry 6,500 passengers.  Both ships are essentially small cities with no police force.  We have been critical of Royal Caribbean's refusal to employ a sufficient number of security guards on its cruise ships and its refusal to monitor closed circuit television cameras to respond to potential criminal activities.    

A year ago, the Royal Caribbean CEO Richard Fain and President Adam Goldstein were aboard the Allure's sister ship with microphone in hand and supposedly open for all questions.  But they refused to provide any information about the safety and security of the passengers.  Certainly U.S. passengers who pay thousands of dollars each to sail on this mega-target of a ship deserve straight forward answers whether their families will be safe from crime.  Here are the questions which I posted on my blog which remain unanswered:

"Q:  The LA Times reported that for a period of 32 months, there were over 250 incidents of sexual assault, battery, and sexual harassment against guests and crew members on Royal Caribbean cruise ships. In light of these problems, how many security guards are employed on the Genesis class of cruise ships? 

Q:   How many security guards are assigned to the seven "neighborhoods" on the cruise ships?  Allure of the Seas - Security - Sexual AssaultsAre there security "sub-stations" in each of the neighborhoods?

Q:  How many security guards patrol the neighborhoods from 10:00 p.m. to 4 a.m., a time period we have found when female passengers are at a higher risk of being assaulted?  (Both of the alleged rapes this week occurred in the early morning hours when Royal Caribbean has virtually no guard patrolling). 

Over a year ago, I also asked the  question: 

Has Royal Caribbean invested adequately into safety and security technologies and personnel to protect you and your family?  The cruise line executives will never tell, but we shall soon find out."

January 10, 2012 Update:  Alleged Cruise Ship Rapists From Brazil Seek Low Bond

 

Photo credit:

Top: Broward Sheriff's Office via Mugshots Online

Bottom:  Royal Caribbean Cruises via Cruise Critic

Crime Scene on Splendor Cruise Ship? Carnival Won't Say

Professor Ross Klein's website CruiseJunkie contains disturbing comments from a cruise passenger aboard the Carnival Splendor cruise ship who reports that on December 15th during a sailing to the Mexican Riviera a gruesome physical altercation took place in cabin 1306.

Here are the comments:

Carnival Cruise Violence - Cruise Ship"Wild, out-of-control alcohol-fueled domestic fight - starts at 9PM, escalates to most certainly a felony assault (or worse) by 3AM. All kinds of yelling, screaming, howling.  Objects (victim?) thrown against the walls. Finally security responds; victim has blood streaming from her, multiple wounds; others report seeing multiple pools of blood in the room. Around 3:45 AM, Carnival removes the 'guests' and immediately starts the process of cleaning the room up, starting with the blood. 

NO attempt whatsoever to preserve the scene or the evidence.  Staff members will not discuss what happened other than 'it's under control' and 'he won't be a problem.'  Rumor is that the offender was removed from the ship in Puerto Vallarta."

We reached out to Carnival's PR department yesterday who said they would check it out, but no response so far.

It's disturbing to read an account like this particularly after we just reported that a drunken Carnival passenger who beat and strangled his wife to death was sentenced to life in prison.  And should there be any doubt that cruise lines destroy crime scene evidence?  

Does anyone on this cruise have additional information?  Please leave a comment below.

December 21, 2011 Update:  This article was picked up by the popular Cruise Critic online community and posted in a thread on the message board.  How did the concerned Cruise Critic cruise fans react to the bloody crime scene and Carnival's spoliation of evidence? 

Read their comments like  "Doesn't affect me . . .  Who cares . . . Ship happens" which you can read here.  Unfortunately, this type of complacency perpetuates the sorry state of affairs on cruise ships where cruise lines destroy evidence knowing that their fan base doesn't care. 

I think I'll re-name this article "Crime Scene on Splendor Cruise Ship? Carnival Won't Say and Cruise Fans Don't Care."

Carnival Crewmember Travel Coordinator Arrested For Fraud and Grand Theft

A fifty-one year old employee of Carnival Cruise Lines has been arrested for organized fraud and theft.  

Miami resident Serafin Sanchez was arrested and booked on two criminal counts, described as organized theft of more than $50,000 and first degree fraud in excess of $100,000.

According to the arrest warrant, Mr. Sanchez is a shore-side employee of Carnival and worked as a "Crew Travel Coordinator."  His responsibilities included booking airline flights for crewmembers signing on Carnival's cruise ships around the world.

Serafin Sanchez - Carnival Cruise LineCarnival has two basic types of crew employees: (1) those who qualify for free fights to and from ports (salary employees), and (2) those who must pay for airline flights (non-salary employees).  Mr. Sanchez is accused of defrauding Carnival Cruise Lines by using his knowledge and authority to book flights for non-salary crewmembers and charging Carnival's travel account while keeping the money the crewmembers paid for the airline tickets.

The alleged scheme operated as follows:

A crewmember working on a Carnival ship would contact a head waiter on a cruise ship (identified as Rudy Saldana), who was known "to have a friend" (Mr. Sanchez)  who could arrange reduced price airline tickets. 

Mr. Sanchez would quote an arbitrary price for the ticket to Mr. Saldana who would communicate it to the crewmember.   Mr. Saldana would then collect the money from the crew member.  Mr. Saldana would deposit the money in his personal account to which Mr. Sanchez had access via a debit card.  Mr. Sanchez would then purchase the airline ticket for the crewmember but would charge the price of the ticket to the Carnival travel account.  Mr. Sanchez would allegedly pocket the money collected from the crewmember.

The arrest affidavit further alleges that Mr. Sanchez operated this "organized scheme" to defraud Carnival of approximately $132,000.00 from June to September 2011.  Mr. Sanchez  did not reimburse Carnival Cruise Lines any of cash collected from the non-salaried cruise employees.

Mr. Sanchez pled not guilty to the allegations. He is out on a $20,000 bond.  His defense counsel is Joel DiFabio whose office released the following statement:

"We are actively cooperating and working with the Miami-Dade State Attorney's Office in an attempt to resolve this matter as quickly as possible."   

 

Photo credit:  Mugshot via whosarrested.com

Cruise Ship Rape: A No Man's Land On The High Seas?

Cruise Ship Rape - Victim Anika MarksA newspaper in South Africa published a disturbing story today about the defense raised by the lawyers for a passenger who is accused of raping a woman during a cruise aboard  the MSC Sinfonia cruise ship.

The case involves South African national Anika Marks who sailed on the MSC Cruises ship in November 2009.  Ms. Marks was on what is described as a three-day business trip with 40 work colleagues when another South African passenger, Sindhu Ramanandh Bhogal, allegedly drugged and raped her. 

The cruise ship regularly sails between Durban and Mozambique. On the cruise in question, Ms. Marks says that she awoke two hours after the alleged rape.  She accompanied her colleagues to the South Africa - Portugese IslandsPortuguese islands (see map), one of the ship’s stops on the cruise.  She reported the rape during the cruise the day before the cruise ship was due to return to Durban.  

Rather than using a Jane Doe pseudonym, Ms. Marks is using her own name because she believes that this will encourage other rape victims to take action.

After two years of legal wrangling, defendant Bhogal's lawyers have a new defense - the South African state courts cannot try him for the cruise ship rape because the incident happened in international waters.  The defense lawyer even obtained a statement from Sindhu Ramanandh Bhogal - Cruise Shipthe cruise ship's captain (how interesting) that the incident did not occur in South African waters.  At a hearing last week, Mr. Bhogal’s lawyer cited a provision in the South African Criminal Procedures Act that if the alleged crime occurs in international waters, the South African state courts have no jurisdiction. 

Ms. Marks, on the other hand, alleges that the alleged rape took place the same night the ship left Durban such that the vessel was still in  territorial waters.

If the court concludes that the alleged rape occurred on the high seas, then Mr. Bhogal may walk free.  The prosecution would then have to obtain authority from the National Prosecuting Authority to try and prosecute Mr. Bhogal.  

Cases like this reveal the dilemna which many women face after they have been raped on cruise ships around the world.  Sometimes they find themselves in a no man's land.

In the U.S., only the state of Florida has a law which permits the prosecution of rapists on the high seas.  The Florida law is unique because it permits the state to exercise jurisdiction over crimes which occur on cruise ships even if the rape occur in international waters, provided the ship leaves from a U.S. port and the majority of the passengers are residents of Florida.  

Regarding rapes which occur on cruises in international water which leave from ports in other states, only the U.S. Department of Justice may prosecute such crimes provided that the FBI is interested in investigating the incident.

But if the rape does not involve a U.S. victim or assailant and is against a citizen of another country and occurs on a foreign flag vessel on the high seas, the FBI has no jurisdiction.  This means that the criminal can avoid prosecution on technical terms, citing a lack of jurisdiction.      

MSC Sinfonia Cruise Ship

 

Photo credit:  Photos nos 1 and 3 - International Newspapers via Saturday Star

Victim Support UK: Cruise Ship Crime is "Hidden Scandal"

When the official "investigation" over the disappearance of their daughter by a single policeman in the Bahamas went nowhere, and Disney Cruise Line left them with no explanation, the Coriam family turned to two organizations for help - Victim Support and the International Cruise Victims.

Ann and Michael Coriam will tell you that these two organizations have been there at every step for their family as they seek answers regarding what happened to their daughter Rebecca, a Disney youth counselor who disappeared from the Disney Wonder in March of this year. 

Those of you who are regular readers of this blog are familiar with the International Cruise Victims ("ICV"), a U.S. non-profit organization founded by Ken Carver after his daughter mysteriously disappeared a cruise on the Celebrity Mercury.  The ICV is responsible for creating awareness of Victim Support - Rebecca Coriamdangers on cruise ships which the cruise industry would prefer the public not to know.  Due to the ICV's hard work, last year President Obama passed the Cruise Vessel Security and Safety Act.

You may not be as familiar with Victim Support, a non-profit organization based in the United Kongdom which  provides free and confidential help to victims of crime and their family across England and Wales.  It also speaks out as a voice for victims and campaigns for change. 

The hard work of Victim Support has been recognized of late, with the Daily Mirror in the UK publishing an article yesterday referring to the goals of this charitable organization.  The article states:

"The charity has two major concerns: holidaymakers are twice as likely to suffer sexual assault when on a ship, and crimes are not investigated properly.  Cruise firms want to protect their image and say almost all the missing people fell overboard.  But others suspect a more sinister reason for the disappearances and the charity wants better investigations into previous cases, as well as more measures taken to stop them happening.

The charity’s chief executive, Javed Khan, said: “How crime on cruise ships is investigated and how victims are dealt with are a hidden scandal.  Many victims are left without protection and little prospect of securing justice.”

Victim Support is now calling on the International Maritime Organization ("IMO") to take urgent action to improve the prevention and investigation of crimes on cruise ships.

You can read more about Victim Support's campaign to make cruising safer here.

Violence Strikes Puerto Vallarta Jewelry Store While HAL Cruise Ship In Port

There has been a very public debate about the safety of cruise passengers while in Mexican ports.  In June of this year, Princess Cruises pulled out of Puerto Vallarta (and Mazatlan) stating "as the safety and security of our passengers and crew is our highest priority, and based on the continued violence in these areas, we’ve made the decision to cancel our calls to Puerto Vallarta and Mazatlan.”

Puerto Vallarta was not pleased and responded with an accusation that the crime rate was actually higher on Princess' cruise ships  than in this Mexican port. 

Last month Princess announced that it would add these two ports back to its itinerary next year but Puerto Vallarta Mexico Crimewill monitor the violence in Mexico to determine if it would continue to serve the two ports.

Well now we have another violent crime which struck pretty close to apparently unsuspecting Holland America Line cruise passengers as they visited a shopping square near the cruise terminal.  (HAL and Princess are both owned By Carnival).

A Cruise Law News reader brought to my attention that a newspaper in Mexico reports that when a Holland America cruise ship was in port in Puerto Vallarta earlier this month, six armed criminals robbed a jewelry store right across from the ship pier.

The November 1, 2011 article states that six heavily armed men robbed a jewelry store, located at the exclusive Plaza Galleries and got away with millions of dollars of diamonds.

The robbery turned violent as the gunmen repeatedly beat the store manager in the head with a pistol.

The incident occurred around 1:00 in the afternoon while cruise passengers from the HAL cruise ship were in the shopping plaza where the jewelry store is located.  The news article reports "several tourists from Holland America cruise ship, docked at the Maritime Terminal, located across the street, were in the square."

There is no indication that any of the HAL cruise passengers were in danger or even knew of the robbery.  Nonetheless, it is unsettling that heavily armed banditos can stick up an exclusive jewelry store in a shopping square on a port day across from the terminal and get away scott free. 

I wonder if Princess Cruises or HAL even know that the crime occurred?

 

November 25 2011 Update:  "Radio Silence"

"Cruzi" @CruiseCritic had an interesting comment on this story:  " . . . these days there is more "stuff" going on of concern to tourists right in the tourist zone in PV than ever happened in Mazatlan in the tourist zone.  Difference is almost nothing gets press in English from Puerto Vallarta, and no "incident" chatter on forums permitted.  The city relies on tourism nearly 100%.  I also wonder if Holland America is even aware of what went on.  Probably, because it happened under their noses in a mall frequented heavily by passengers.  I just happened across this article searching for something else that just happened there.  Was anyone on the HA ship in Puerto Vallarta on November 1st?  This group has struck again, more than once, alluding capture, but that's not all that's going on there.  Yet, radio silence."  

Photo credit:  informador.com.mx

Accused Royal Caribbean Cruises Rapist Sues Bahamas for Spending Four Nights in Jail After Acquital

One of the categories I have for my Cruise Law News blog is "weird cruise news." 

Why such a category? 

For stories just like this:

Soveriegn of the Seas Cruise Ship - RapeThe Nassau Guardian published an article today about a Royal Caribbean crewmember, employed as a stateroom attendant, who was accused of raping a young woman on Royal Caribbean's Sovereign of the Seas cruise ship. 

The incident involved a student from Florida State University who reported being raped back in 2006 on the Royal Caribbean cruise ship while it was docked in Nassau. 

The accused crewmember was Ruel Lockwood from Nicaragua.  He used his key card to enter the young woman's cabin with a key card, which he used to enter cabins to clean them, and then allegedly commit the rape.

Why Royal Caribbean lets single men have key cards to women's cabins on their cruise ships remains an unpleasant mystery for me. 

I was young Jane Doe's Miami counsel, appointed by the Washington D.C. law firm of Winston & Strawn to act as co-counsel for Jane Doe after the shipboard rape.

Convincing juries in foreign countries to convict a cruise ship employee for raping an American woman is a daunting task, especially when the cruise line sent its defense lawyers to Nassau to assist the Bahamian criminal defense lawyers defend the case - which we alleged in the lawsuit filed against Royal Caribbean.

Yes, as expected, the jury in the Bahamas acquitted the cruise line employee accused of the rape.  The legitimacy of the verdict should be considered with the fact that Royal Caribbean paid $1,500,000.00 to settle the civil case where we alleged that the crewmember raped our client.

In my opinion, cruise lines don't pay that type of compensation if a rape did not occur.

Now here comes the weird part. 

After crewmember Lockwood was acquitted, he remained in jail for 4 days in Nassau.   For that, he sued the Bahamas for "unlawful detention."  Although he spent months and months in jail for the rape charges, he is now seeking damages for the 4 days he spent in jail after the jury acquitted him.  

Crewmember Lockwood should count his blessings for not spending the next 20 years of his life in the bowels of the Nassau jails.

Seeking compensation for 4 days in jail after his "acquittal" of raping an innocent coed during a cruise is a sick joke.

 

Photo Credit:  usscusk.com

Gun Fight in Cabo San Lucas: Is it Safe to Cruise to Mexico?

Violence Cabo San Lucas - MexicoNew sources report today that hundreds of people cowered for hours inside a shopping mall in the resort town of Cabo San Lucas today while security forces traded gunfire with armed criminals at the Plaza Sendero shopping center.

A local newspaper in Mexico, Milenio, reports that 12 men armed with high powered rifles (AK-47's), were traveling in three vans (other articles say 3 - 4 men).  When they were observed by police, they retreated into a store at the mall. They were suspected of killing a marine the night before.  There are conflicting stories whether they held 200 of the 600 shoppers hostage.  After a shoot out, three men were arrested according to Borderland Beat.  

This dangerous event occurred after cruise lines like Princess Cruises, its parent company Carnival Cruise Line, and Disney Cruise Line pulled out of Mexican ports such as Mazatlan and Puerto Vallarta in the last few months because of fears of violence.

Is it safe to cruise to Mexico when places like Cabo San Lucas turn into a scene from the Wild West?

You can see the gun battle and arrests in the video below:

 

 

October 29, 2011 Update:  The incident may be related to another gun fight broke out late on the night of October 28, 2011 between 11:00 PM and 3:00 AM in Cabo San Lucas "between Mexican military and assumed narco trafficantes."  One soldier and a gunman are dead and two police officers are seriously injured.  A video of the nighttime shooting is below: 

 

 

Video credits: Top - TheRasek79 (YouTube); bottom - BajaWhistleBlower (YouTube)

Photo credits:  Pat Garcia / La Paz, Mexico

October 30, 2011 Update:  Photographs are emerging of the criminals holding hostages (above) and the military responding to the situation (below).  Photos courtesy of Now Public / Pat Garcia, La Paz, Mexico. 

Cabo San Lucas - Crime - MexicoFor other articles about crime in Mexico:

U.S. Travel Warnings to Mexico

Royal Caribbean and Norwegian Cruise Lines Pull Ships From L.A. Due To Crime In Mexico

Puerto Vallarta, Mexico Tells Princess Cruises: "We're Safer Than Your Cruise Ships!"

Frommer's Is it Safe to Travel to Los Cabos? 

LA Times: Mexico Woos Tourists as U.S. Advises Travelers to Avoid Parts of the Violence-Plagued Country

Fox News: Cruise Ships Avoid Mazatlán Due to Crimes Targeting Tourists 

Cabo San Lucas Heats Up

Are the FBI and Coast Guard Underreporting Cruise Ship Crimes?

One of the key provisions of the Cruise Vessel Security and Safety Act of 2010 is that crimes on cruise ships are suppose to be posted on the internet in order to provide a warning to the U.S. public. 

After listening to testimony over the course of the last five Congressional hearings, Congress concluded that cruise ship crime in general, and sexual assaults in particular, were such a problem that the U.S. public needed to be warned. 

Just last month, in the case of Jane Doe v. Princess Cruises, the Eleventh Circuit Court of Appeal held that " .  .  . if congressional reports are to be believed, sexual assaults and other violent crimes on cruise ships are a serious problem."  The Eleventh Circuit cited the testimony from cruise line executives from the March 2006 Congressional hearing that 178 passengers on North American cruises reported being sexually assaulted between 2003 and 2005.  During that same period, 24 people were reported missing and four others reported being robbed. 

In the March 2007 hearing, a FBI representative testified that from 2000 through June 2005, the FBI opened 305 case files involving “crime on the high seas.”   During those five years about 45% of the crimes that occurred on cruise ships involved sexual assaults.

In September 2007, a Deputy Assistant Director of the FBI testified before Congress that “sexual assault and physical assaults on cruise ships were the leading crime reported to and investigated by the FBI on the high seas over the last five years, 55 percent and 22 percent respectively . . . . Employees were identified as suspects in 37 percent of the cases, and 65 percent of those employees were not U.S. citizens.”  The FBI representative also testified that the majority of cruise ship sexual assault cases are not prosecuted.

Although these numbers are significant, I have always thought that the crime statistics reported to Congress are probably just a fraction of the actual number of crimes which occur during cruises.  For example, in 2006, Royal Caribbean told Congress that 66 rapes and sexual assaults reportedly occurred over the course of the preceding three years.  However, in a subsequent civil case we handled, a trial court here in Miami ordered the cruise line to produce its raw crime data to us.  The reports revealed that the total number of sex-related crimes were actually around 273, including allegations of sexual assault, sexual battery, sexual harassment and inappropriate touching during a shorter time period.

The Los Angeles Times covered the story in an article entitled "Cruise Industry's Dark Waters."   

With the new cruise safety law, cruise lines were finally required to report incidents of homicides, suspicious deaths, missing U.S. passengers, assaults, sexual assaults and thefts over $1,000 to the FBI.  The U.S. Coast Guard, in turn, is responsible for posting the FBI cruise ship crime statistics on the internet for the public to view. 

So what do the crime statistics the Coast Guard posted on the internet reveal?

According to the United States Coast Guard Investigative Services' quarterly report from July 1, 2011 through September 30, 2011, not a single reportable crime occurred.    

Let me repeat that.  According to the just released FBI / Coast Guard report - not a single reportable crime occurred during the third quarter of 2011.

According to the FBI / Coast Guard's first quarter and second quarter reports, only a total of ten sexual assaults occurred in the first six months of this year. 

For 2010, the FBI / Coast Guard report disclosed only 28 sexual assaults on cruise ships.  For the first nine months of this year, the number has dropped to only 10 sexual assaults.

These numbers are not only far less than in any of the prior years, but they are even less than the number of crimes the cruise lines will admit occurred.  For example, last month a newspaper in New Zealand reported on a study which concluded that the risk of being sexually assaulted was twice as high on a cruise ship than ashore.  Royal Caribbean responded to the article by stating that it had 24 incidents of rape or sexual assaults last year.  Yet, in their 2010 report, the FBI / Coast Guard disclosed that Royal Caribbean had only 6 such incidents in all of 2010.    

The FBI does not inform the public of alleged crimes which are under investigation (this is permitted by the cruise safety law) and this may partially account for such low numbers.  But the reality is that the FBI investigations rarely lead to a prosecution.  Not disclosing crimes because they are allegedly "under investigation" by an agency whose investigations rarely lead to a prosecution does the public a real disservice.  

Also, the numbers which the FBI and Coat Guard chose to disclose to the public do not include incidents which the FBI determines lacks sufficient evidence of a federal crime or the FBI deems unworthy of conducting a full investigation.  This is the rather amazing part of these statistics.  The cruise safety law was passed in large part because of an incident where a passenger was clearly sexually assaulted, yet the FBI prematurely closed its investigation the same day that the cruise ship returned to Los Angeles after the crime occurred.  I am talking about the case of Laurie Dishman whose Congresswoman in California, Doris Matsui, was instrumental is passing the Cruise Vessel Security and Safety Act in the first place.

Based on the FBI and Coast Guard's current method of responding to the cruise safety law, these agencies would probably not even disclose the cruise ship crime against Ms. Dishman if it occurred today.    

There is something very wrong here.  What should the U.S. public conclude by reading the recent third quarter FBI / Coast Guard statistics suggesting that not a single crime occurred on a cruise ship over the past three months?   Around 3,500,000 passengers sailed on cruise ships over the past ninety days, millions out of U.S. ports, and not a single crime occurred?

What a joke.

The FBI and Coat Guard are making a mockery of the Cruise Vessel Security and Safety Act  - a law victims of crime worked hard to enact in order to protect future cruise passengers.

Its time for Congress to take another look at the way the cruise lines, FBI and Coast Guard are reporting - or in this case - not reporting cruise ship crimes.  

 

For an insight into the actual number of incidents of sexual assaults and crimes on cruise ships, we suggest following sites:

Sun Sentinel Data Base

Professor Ross Klein Cruise Crime Analysis October 30 2007 - September 1, 2008

Professor Ross Klein's Analysis  of Reports of Sexual Harassment and Sexual Assault on Royal Caribbean International, 1998 - 2005

Appellate Court: "Sexual Assaults and Violent Crimes on Cruise Ships are a Serious Problem"

Yesterday, I discussed the case of Jane Doe v. Princess Cruises, where the Eleventh Circuit Court of Appeal addressed the issue whether a raped crewmember can pursue a case before a U.S. jury.  Or does she have to appear before an arbitrator in Bermuda where California-based cruise line Princess Cruises flags its cruise ships?

Cases like this raise all type of issues. 

Princess Cruises - Cruise Ship Rape - ArbitrationThe first issue, perhaps, is how can a country like Bermuda which did not bother to send an investigator to the Star Princess to arrest the assailant crewmember after raping a young woman on the Bermuda flagged cruise ship be an appropriate forum for the victim to seek justice?

But the Eleventh Circuit was charged with deciding a narrow legal issue: did the ten legal causes of action asserted against Princess Cruises fall within the arbitration language the cruise line inserted into the crewmember's employment contract? 

Or did the bad conduct alleged against Princess fall outside of the parameters of arbitration?   The issue of justice was not on the table.

However, the Eleventh Circuit nonetheless departed from the issue before it and could not help but to address the fundamental issue whether women are safe on cruise ships.  It stated and I quote:

"Unfortunately, if congressional reports are to be believed, sexual assaults and other violent crimes on cruise ships are a serious problem."  (emphasis added)

Quite frankly, I have never seen an appellate court depart from the legal issue before it.  I have never seen an appellate court give "advisory opinions" or social commentary like this.

The Court was obviously displeased with the facts alleged in the case and, like the appellate panel stated at oral argument on this case, raised the basic question whether cruising is safe or whether crimes against women on cruise ship go un-prosecuted.  Here is the language of the Court:

The House Subcommittee on Coast Guard and Maritime Transportation Staff has reported that: 

At a hearing in March 2006 convened by the Committee on Government Reform, cruise industry executives testified that 178 passengers on North American cruises reported being sexually assaulted between 2003 and 2005. During that same period, 24 people were reported missing and four others reported being robbed. 

Crimes Against Americans on Cruise Ships: Hearing Before the Subcomm. on Coast Guard and Mar. Transp. of the H. Comm. on Transp. and Infrastructure, 110th Cong. 2 (2007).  From fiscal year 2000 through June 2005, the FBI opened 305 case files involving “crime on the high seas,” and during those five years about 45% of those cases were sexual assaults that occurred on cruise shipsInternational Maritime Security: Joint Hearing Before the Subcomm. on Nat’l Sec., Emerging Threats, and Int’l Relations and the Subcomm. on Crim. Justice, Drug Policy, and Human Res. of the H. Comm. on Gov’t Reform, 109th Cong. 8 (2005) (statement of  Rep.Souder, Chairman of the Subcomm. on Crim. Justice, Drug Policy, and Human Res., Member, H. Comm. on Gov’t Reform).

Salvador Hernandez, Deputy Assistant Director of the FBI, testified before Congress in 2007 about sexual and other physical assaults that have taken place on cruise ships: “Sexual assault and physical assaults on cruise ships were the leading crime reported to and investigated by the FBI on the high seas over the last five years, 55 percent and 22 percent respectively . . . . Employees were identified as suspects in 37 percent of the cases, and 65 percent of those employees were not U.S. citizens.” Crimes Against Americans on Cruise Ships: Hearing Before the Subcomm. on Coast Guard and Mar. Transp. of the H. Comm. on Transp. and Infrastructure, 110th Cong. 12 (2007) (statement of Hernandez, Deputy Assistant Director of the FBI).

Salvador Hernandez, Deputy Assistant Director of the FBI, testified before Congress in 2007 that the majority of cruise ship sexual assault cases are not prosecuted. Crimes Against Americans on Cruise Ships: Hearing Before the Subcomm. on Coast Guard and Mar. Transp. of the H. Comm. on Transp. and Infrastructure, 110th Cong. 12 (2007) (statement of Hernandez, Deputy Assistant Director of the FBI). (emphasis added)

When appellate courts offer commentary about the "serious problem" of rapes and violent crimes on cruise ships based on data provided to Congress by the FBI, the cruise industry may consider implementing changes to their shipboard procedures to making cruising safer for women.   

 

Photo credit:  Star Princess cruise ship, Seattle Washington - Jim Walker

Royal Caribbean: 24 Allegations of Rape and Sexual Assault in 2010?

Today a newspaper in New Zealand published an article about the high rate of sexual assaults on cruise ships.  The article is entitled  "Sex-Assault Risk Greater On Liners Than On Land: Study."

The article refers to ". . .  one well-known cruise line, Royal Caribbean International, receiving more than 450 sexual abuse complaints during an eight year period."

Royal Caribbean Cruises - Rape - Sexual Assault - Crime The article is based on research conduct by cruise line expert Dr. Ross Klein, who has testified before our U.S. Congress on issues of crimes against cruise passengers.  Dr. Klein's popular website tracks crimes, cases of noro-virus and other incidents and accidents involving the U.S. cruise industry.

The newspaper quotes the following crime statistics based on Dr. Klein's information: 

Royal Caribbean International - 18 ships and 451 complaints of sexual assault and harassment between 1998 and 2005.

Celebrity Cruises - 9 ships and an average of 16 complaints each year between 1998 and 2002.

Carnival Cruise Line - 92 sex-related complaints in one nine-month period in 2008.

According to the newspaper, a spokesperson for Royal Caribbean stated that: " . . . the company carried more than 4.5 million guests and crew members in 2010 and reported 13 allegations of rape and 11 of sexual assault - not all of which were upheld."

Cruise lines like Royal Caribbean are quick to try and minimize the number of sexual assaults by two methods.

First, they like to point out that there are virtually no convictions, which is true.  A major problem is that there are very few convictions when women on raped at sea because of issues of spoliation of evidence, confusing jurisdictional issues, and the tendency of the cruise line to protect its own employees and reputation rather than preserve evidence and encourage prosecutions.  

The second method is to compare the number of crimes to the total number of passengers or passengers/crewmembers which have sailed over the course of a year.   The implication by Royal Caribbean is that it should be compared to a city of 4.5 million and it has "only" 24 rapes or sexual assaults.  

The correct way that the FBI and crime statisticians calculate crime rates is by comparing the number of crimes to the total population, not the total number of tourists or people in transit.  In the case of cruise lines, this means the total population on a cruise line's fleet of ships at any one particular time.  According to this cruise line's information sent to its investors, Royal Caribbean has a total passenger population of around 62,000.  (I am not certain of the total number of crewmembers). 

If this number (24) is accurate, that means that there is a rape or sexual assault allegation about every other week on Royal Caribbean ships alone. 

Royal Caribbean Cruises - Sexual Assault - RapeThere is also a question whether the statistics released by Royal Caribbean are to be trusted.

In 2005 and 2006, we attended Congressional hearings with our clients where Royal Caribbean was instructed by Congress to disclose the total number of sexual assaults in its fleet over a period of approximately three years.  It disclosed 66 rapes and sexual assaults.  However, in a subsequent civil case we handled, the cruise line refused to disclose its crime statistics.  We filed motions to compel and for sanctions.  A trial court then ordered the cruise line to disclose the number of such sexual incidents or face a fine of $1,000. 

In response, the cruise listed far in excess of 66 incidents; the total number was around 273, including allegations of sexual assault, sexual battery, sexual harassment and inappropriate touching during a shorter time period.  The Los Angeles Times covered the story in an article entitled "Cruise Industry's Dark Waters."

If Royal Caribbean is claiming it had 24 incidents last year, I suspect the true number is higher.

 

For additional information about sexual assaults on cruise ships, read another article from the LA Times: Cruise Ship Crime `Low Priority'   

Perfume Sales Assistant Alleges Rape Aboard the Celebrity Equinox

Courthouse News has published a copy of the lawsuit our firm filed against Celebrity Cruises following the alleged rape of an unconscious female crewmember aboard the Celebrity Equinox.  You can read the allegations in the lawsuit here.

According to the lawsuit papers, in October 2010, a crewmember employed as an assistant sales clerk working for a perfume concessionaire aboard the Celebrity Equinox, was raped on the cruise ship in the early morning hours after leaving the crew bar.  "Jane Doe" awoke to find another crewmember sexually assaulting her.

Celebrity Equinox Cruise ShipShe reported the incident to her supervisors and was examined and treated in the ship infirmary.  Police in the next port of call in Israel interviewed her, and the assailant crew member was eventually terminated and sent home.  Like most cruise ship sexual assault allegations, the assailant crew member was not arrested and there was no criminal prosecution.

The ship doctor did not administer any anti-retroviral medications to Jane Doe.  She was permitted four days off from work and thereafter returned to full time duty.  Neither Celebrity Cruises not her employer, Harding Brothers which operates the perfume concession, provided her with a psychiatrist, psychologist or counselor despite her many requests for help dealing with the trauma.

Jane Doe ended her employment on the cruise ship in February 2011.  Jane Doe is from South Africa.  She is unemployed.  Neither Celebrity nor Harding Brothers have provided her with any medical treatment or assistance after she left the cruise ship as required by the doctrine of "maintenance and cure."   

Celebrity and its parent company Royal Caribbean have known about the high rate of sexual assaults on cruise ships for over a decade.  

In 1999, Royal Caribbean hired two top notch firms to study the problem of sexual assaults on the Royal Caribbean and Celebrity fleet of cruise ships.  The cruise line retained a consulting firm called "Sheridan, Swailes" to study the company's security systems.  Royal Caribbean also retained a nationally recognized expert on sexual harassment issues, Dr. Kay Krohne, who previously was a commanding officer at the Naval Training Station in San Diego. 

Kay Krohne - Cruise Sexual Assault - Cruise Sexual HarassmentAfter conducting an extensive analysis of the Royal Caribbean / Celebrity fleet, these experts concluded that sexual misconduct occurred "frequently" during cruises.  They attributed this problem to the fact that most crew members were not afraid of being arrested, much less convicted.  Dr. Krohne reported that the worst thing that could happen to a crew member who committed a crime on a Royal Caribbean or Celebrity cruise ship was to be sent on a one way flight home.

Last summer, we reported on a similar sexual assault allegation involving a crewmember from South Africa. "Taryn" was employed as a beauty therapist on a Royal Caribbean cruise ship.  Another crewmember employed as a fitness instructor allegedly raped her.  The cruise line reportedly sent her home after reporting the incident and refused to provide her with medical treatment or living expenses as required by the maritime law.  Her assailant was not prosecuted. 

We wrote about the case in an article Cruise Rape - Is Royal Caribbean Up To Its Old Tricks?

Women on cruise ships need to be aware of the danger of rape, especially after drinking alcohol.  Crewmembers should also know that if they are sexually assaulted on a cruise ship, they entitled to treatment with psychiatrists and counselors until they reach their maximum medical improvement.   

 

Photo credit:

Celebrity Equinox in Haifa Port, Israel - Wikipedia (Shlomiliss)
 

Busted in Bermuda - Customs Officials Extort Money From Cruise Passengers By Unconstitutional Drug Searches

This year we have been reporting on the high number of arrests by the Bermuda customs officials of cruise ship passengers for small amounts of marijuana. 

A Pattern of Invading Cruise Cabins and Shaking U.S. Passengers Down for Money 

Bermuda Flag - Drug BustsAll of the cases fit into a pattern. 

After the cruise ship arrives in port, the passenger leave their cabins and go ashore for sightseeing or to purchase souvenirs from the local vendors in port.  While the passengers are ashore, the Bermuda customs officers will board the cruise ship with sniffer dogs and sneak into the passengers' cabins with the drug dogs.  If they find pot, usually in an amount for 6-8 cigarettes or so, they will wait for the passenger to return to the cruise ship and arrest them.  They will then haul the passengers ashore and jail them. 

When the case is finally called, the Magistrate will lecture them and give them the option of 30 to 50 days in jail or paying a fine of $1,000 to $3,000 and leave the country.  The passengers always pay the money and then fly back to the U.S rather than spend a month or two in jail.

In none of the cases we have reported on has there been a search warrant to enter the cabin.  Nor has there there been any indication that the customs officers had probable cause to invade the private cabins of the passengers.    

You can read about the individual cases in our articles:  Are You a Stoner? Don't Cruise to Bermuda!, Cruise Ships & Drug Smuggling and High Times on the High Seas - Cruise Industry Struggles with "Reefer Madness"   The press in Bermuda loves to cover these cases and identify the U.S.passengers and even photograph them, as you can read about here.   

I have always scratched my head reading about these shake downs.  Why don't the defense lawyers move to dismiss the charges because the pot was seized after an illegal entry where there was no probable cause to enter the private cabins nor did the authorities bother to obtain a search warrant?  In the U.S., a case like this would be thrown out in a New York second and the prosecution chastised.

Does Bermuda's Constitution Prohibit Illegal Search and Seizures? 

Cruise Ship Drugs - BermudaWhen I was 15 years old and taking my first constitutional law course (yes, my parents sent me to a great prep school), I read for the first time something called the Fourth Amendment to the U.S. Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Does Bermuda have a similar provision in a constitution to protect its people from random searches and seizures by the police?

This morning, I seem to have found my answer while reading an article in the BDA Sun last Friday entitled "Cruise Passengers Fined for Cannabis After 'Unconstitutional' Search."

The article covers the story of two women in their fifties from New York who went ashore to visit the sights in Bermuda after the Norwegian Jade cruise arrived in port.  The customs officers entered the cabin the women shared without their knowledge or permission, and without a search warrant or good reason.  They found eight grams of cannabis.  That's about enough weed for ten cigarettes.   

The customs officers arrested the two women and took them to jail.  They were booked for importing the weed into Bermuda, even though they went ashore without the pot and had no intention of taking it ashore and even though the customs officers had to go onto the ship, trespass the ladies' private cabin and root around to find it.

Senior Magistrate Archibald Warner - Bermuda - Cruise Pot"It's Only A Matter of Time Before You All Get Sued"

The newspaper reports that Senior Magistrate Archibald Warner (photo left) fined the two ladies $1,000 each but he did not appear to be particularly happy about doing so.  Here is the exchange between the Magistrate and the prosecution taken verbatim from the local newspaper:

“I see on all these summaries of evidence that customs officers are carrying out random searches on people’s rooms."

“Who told customs officers they can carry out random searches?”

Crown counsel Tawana Tannock told Mr. Warner she wasn’t instructed on that question.

Mr. Warner then said: “Can the police or customs just go in anybody’s room whether hotel or ship and search them?”

Ms. Tannock said: “I can’t speak to that.”

The magistrate replied: “Like a hotel room or somebody’s house, people pay good money for the cruise room."

“So you all may be looking to get sued."

“I mean, if they’re guilty, they’re guilty by the fine for the simple possession is $1,000.”

The Magistrate told Ms. Tannock customs officers should consider or reconsider the search method.

Mr. Warner continued: “I can tell you that there is no such provision giving anybody such authority."

NCL Cruise Ship - Drug Bust - Bermuda“It’s unconstitutional, it would be unconstitutional."

“It’s only a matter of time before you all get sued.”

Bermuda has probably netted $100,000 playing this monkey game with cruise passengers over the past several years.  Are there any competent criminal defense lawyers who can take a hint from Senior Magistrate Warner and raise a peremptory challenge to these type of illegal search and seizures?  

Are there any independent advocates on the island willing to sue the customs officials and prosecutors for what is patently an ongoing unlawful scheme to threaten cruise passengers with jail time in order to reach into their pockets for money?  

August 19, 2011 Update:

The Bermuda Sun reports that a 48 year old US tourist after Customs officers from Bermuda entered his cabin.  The cruise passenger was present and admitted having six grams of cannabis in the cruise ship safe. Customs officers claim that they searched the cabin on the Celebrity Summit in Dockyard on August 17 after receiving an unidentified "tip-off."

Magistrate Archibald Warner, who we reported on above questioning the legality of warrantless random searches, fined the passenger $1,000.

 

Puerto Vallarta, Mexico Tells Princess Cruises: "We're Safer Than Your Cruise Ships!"

I ran across an interesting article written from the perspective of a Mexican port which one of the cruise lines labeled as too dangerous to visit.

It seems like Princess Cruises has incurred the wrath of Puerto Vallarta, Mexico after the cruise line dropped the port from its cruise itinerary citing "continued violence" as the reason.  USA Today quickly picked up on the story and conducted a poll asking its readers whether cruise lines should Puerto Vallarta - Crime? - Princess Cruises - Mexicopull of of this port which Princess Cruises painted with a broad brush that all-of-Mexico-is-unsafe

Princess spokeswoman Karen Candy told USA Today:  “As the safety and security of our passengers and crew is our highest priority, and based on the continued violence in these areas, we’ve made the decision to cancel our calls to Puerto Vallarta and Mazatlan.”

But the good people in Puerto Vallarta are pointing out that their city is a heck of a lot safer than the city where the cruise line is headquartered in Southern California or most of the destinations visited by Princess cruise ships such as Bermuda, Bahamas, and Jamaica.  The article is entitled "Princess Cruise Lines: Stop Slandering the Safety of Puerto Vallarta, Mexico."

The article also points out that Carnival Cruises, its owner, as well as Holland America Line, Royal Caribbean and Disney Cruises still include the Mexican port on their itineraries.

The article points out that there is a high rate of crime on cruise ships and Princess has had more than its fair share of incidents of sexual assault against women, both passengers and crewmembers, on its fleet of cruise ships.  Are Princess Cruises ships more dangerous than this Mexican port of call?   Is this a case of the pot calling the kettle black?

Disappearance of George Smith - Larry King Live & the "Missing Groom Mystery"

Larry King Live - George Smith Disappearance - Cruise ShipThe media's interest into the "missing groom" story was unparalleled in the history of the cruise industry.  Royal Caribbean had been able to dodge bad press about the disappearance of passengers and women and children sexually assaulted on its fleet of cruise ships for decades.

But the case of George Smith was different.  Every network was covering the story, non-stop. 

I will never forget sitting behind my desk speaking on the telephone with Greta Van Sustern about the case when my secretary, Betsy, buzzed me saying: "Larry King is holding on line 2."  I suppose it was a tad obnoxious to respond to Betsy: "tell Larry that I will call him back in a couple of minutes." 

But that was the way it was with the most popular case involving a cruise ship mystery like this.  We were receiving letters, Fed Ex packages, flower arrangements, notes, and invitations to stay in hotels before and after high profile interviews on a weekly basis.  

We used the media to our advantage.  We were dealing with Royal Caribbean, an admitted corporate felon which was just coming off a five year period of probation for lying to the U.S. Coast Guard about wide spread illegal dumping of chemicals and blackwater into the aqua, warm waters of Biscayne Bay in Miami to the dark, cool waters of Alaska.  This was a corporation with a reputation for dishonesty. 

Larry King Live - George Smith Missing - Royal Caribbean Cruise ShipLarry King invited me on his show twice.  First in August 2005 before I was hired by Jennifer Hagel to talk about the issues in the case.  The second time was in January 2006, together with the Smith family and their counsel, after I was retained, to talk about the details of the case. 

Shows like Larry King Live, with literally millions of viewers, were instrumental in educating the public about the problems of crimes and disappearances on cruise ships which the cruise industry had kept hidden for years.  The publicity would continue as the U.S. Congress convened five hearings in the House of Representatives and Senate into the issue of crimes and disappearances of passengers on cruise ships. 

 

This article is part of a series of articles this week: Disappearance of George Smith IV - Six Years Later.

Do you have information which may solve this case?   Please let us hear from you.

Philippines to Adopt International Cruise Victim Legislation to Protect Passengers and Crew

A newspaper in the Philippines reports that legislation has been introduced in the Philippines to protect passengers and crew of cruise ships from sexual and physical assaults while at sea.

Representative Gloria Macapagal-Arroyo from Pampanga sponsored a bill which requires passenger and cargo ships to adhere to specific requirements to protect of passengers and crewmembers.

Macapagal-Arroyo - Philippines Cruise Safety LawThe legislation is patterned after the 2010 Cruise Vessel Security and Safety Law which was signed into law last year by President Obama.  The cruise safety law was the result of the efforts of the International Cruise Victims organization.   

Representative Macapagal-Arroyo said that the leading crimes on cruise ships operated by cruise lines based in the United States are sexual and physical assaults.  “These crimes at sea can involve attacks both by passengers and crewmembers on other passengers and crewmembers,” Macapagal-Arroyo said.

“House Bill 4608 is being introduced to follow the footsteps of the U.S. and more importantly, to enhance safety of passengers and prevent incidents of a similar nature from happening,” Macapagal-Arroyo said.

The bill follows the U.S. law by requiring ship rails at least 54 inches in height, peep holes and security latches on cabin doors, fire safety codes, and the integration of  technology that can be used for detecting passengers who have fallen overboard. The new bill also requires anti-retroviral medications and rape kits to be available on ships. 

Crimes must be noted in the the vessel's logs and reported to appropriate authorities.

The introduction of this law in the Philippines demonstrates the expansive reach of the International Cruise Victims to protect passengers and crew around the world.

 

Photo credit: bansangpilipinas.com

"Pub Crawl" on the Norwegian Sun Ends with Rape Allegation against NCL

A fellow Miami lawyer filed a lawsuit against Norwegian Cruise Lines ("NCL") on behalf of a passenger who alleges that she was raped while aboard the Norwegian Sun cruise ship.

Cruise Pub Crawl - Norwegian SunThe alleged incident occurred in April when the passenger was participating in an NCL organized "pub crawl."   

NCL employees took her and other guests around the ship stopping briefly to drink at various bars where the bartenders encouraged the passengers to drink above safe limits.  After the drinking game, the passenger alleges that she was raped in a public bathroom.

The lawsuit alleges that NCL created a dangerous situation by over-serving the guest alcohol to the point that she could not protect herself and not escorting her safely back to her cabin.

Several years ago, an appellate court here in Miami held that cruise lines face liability when they serve passengers alcohol to and then past the level of intoxication.  The fact that the passenger voluntarily drank the alcohol does not act as a bar to the legal claim.

Cruise Passenger and Crew Members Assaulted in Bermuda

A post by a cruiser on a CruiseCritic forum yesterday indicates that a cruise passenger visiting Bermuda was assaulted and battered in an attempted robbery last week.

One June 14th, a passenger from the NCL Dawn cruise ship was walking back to the ship around 4:00 p.m. from Snorkel Beach on what is described as a "relatively well traveled walkway in front of the main entrance to the Maritime Museum." 

Bermuda Cruise CrimeA Bermudian man punched the passenger in the face, knocking him to the ground and then began to search through the passenger's pockets.  The passenger fought back and then fled back to the cruise ship where he reported the incident to security personnel and customs agents. Bermudian police reportedly stated that such attacks have become more frequent  in recent years.

On June 8th, the BDA Sun reported that two NCL crewmembers from the Dawn were assaulted early in the morning in Snorkel Park and one of the crewmembers required medical treatment in a hospital.

The newspaper then published an article about the fracas entitled Warning of Tourism Fallout after Fight.   Snorkel Park chief Tom Steinhoff is quoted as saying: "Behaviour like this threatens further investment in Bermuda and threatens Bermuda tourism – we are going to do everything we can to ensure something like this doesn’t happen again."

On May 31, 2011, the Royal Gazette newspaper reported on the attacks of two cruise tourists in an article entitled "Man Admits Attack on Cruise Ship Visitors."  A Bermudan man admitted attacking two cruise tourists with a piece of metal pipe in a public bathroom in Par-la-Ville Park.  As usual, the newspaper did not mention the name of the cruise line or cruise ship.

Last week's violent assault and battery of a cruise passenger is not going to help the island's reputation.

The Bermuda Police have an online website which contains "daily reports" of crime.  Although there is an online account of the earlier incident involving the crewmembers, there is no mention of the assault of the cruise passenger last week.

Unlike many of the Caribbean islands, Bermuda has long enjoyed a reputation for being a generally safe destination (the exception being the brutal rape and death of a young Canadian tourist Rebecca Middleton and the incompetence of the Bermudian authorities which followed). 

Are crimes against cruise passengers and crew a problem in Bermuda?    

 

June 22, 2011 Update:

Cruise Critic has an interesting article about this incident.  The police in Bermuda are claiming that this was no random act of violence but rather a "drug deal gone wrong."  The police do not deny that the passenger was injured.  Rather they are saying that the alleged drug transaction led to the violence. 

I'm not sure that makes me feel any better.  It seems to raise the issue whether Bermuda may have a problem with drugs as well as violent crime. 

The article is entitled "Bermuda Police Debunk Alleged Attack on Cruise Ship Passenger." 

June 23, 2011 Update:

The Royal Gazette newspaper in Bermuda is finally covering the story - "Alleged Robbery was Drug Deal Gone Bad Govt."
 

Rush to Judgment: Did Pressure from Royal Caribbean Cause Mexican Police to Arrest an Innocent Man?

Earlier this week, we reported that the case against the Mexican man charged with killing Royal Caribbean crew member, Monika Markiewicz, was falling apart.  A key prosecution witness testified at a hearing that police pressured him into making a false statement implicating Nelson Pérez Torres as the murderer.

Nelson Pérez TorresIn our article Is Alleged Murderer of Royal Caribbean Musician Innocent? we pointed out that the Mexican police have now been accused of strong arm tactics against both the alleged killer and the star prosecution witness.

A newspaper in Mexico is reporting today that after Ms. Markiewicz's death, an official from Royal Caribbean traveled to Mexico and placed pressure on Mexico officials to quickly solve the crime.

SIPSE.com states that case gained special importance because it involved a crew member from the Allure of the Seas cruise ship, operated by Royal Caribbean.  The newspaper reports that Michael Ronan, vice president of Royal Caribbean, traveled to Cozumel and met with tourism authorities and the police to discuss the details of the case.

"The pressure increased when he made statements that cruises to the island could be suspended if the case was not resolved."  (translation)

This crime occurred at a time when some cruises lines were suspending cruises to Mexico due to the perception that it is unsafe to disembark in Mexican ports due to violent crime. 

Mexican police arrested Mr. Torres within a week of the death of Ms. Markiewicz.  Newspapers in Mexico published stories that Mr. Torres was railroaded into a confession.  His friends and family members even picketed at the pier with signs saying Mr. Torres is innocent. 

On the same day as the arrest, Royal Caribbean issued a press release stating that its "Global Adam Goldstein - Royal Caribbean Security Department fully supported and assisted Mexican officials in their investigation of this isolated and uncharacteristic crime for Cozumel."

Cruise line President Adam Goldstein was quoted saying:  

"We thank the Mexican authorities for their commitment to quickly solving the murder of our crew member . . ."

"Quick" justice is often no justice at all. 

It will be unjust to both the Torres and Markiewicz families if the wrong man is convicted.  
 

 

Photo credit:

Top: SIPSE.com 

Is Alleged Murderer of Royal Caribbean Musician Innocent?

Nelson Pérez TorresThe press in Mexico is raising questions about the criminal charges leveled against Nelson Pérez Torres, who is jailed and awaiting trial for the murder of Royal Caribbean crewmember, Monika Markiewicz.

Ms. Markiewizc was an accomplished musician employed as a violinist aboard Royal Caribbean's Allure of the Seas.  In February, she disembarked in Cozumel from the Allure and did not return to the cruise ship which left and sailed back to Miami.  Her body was located the following day. 

An autopsy determined the cause of Ms. Markiewicz's death was "drowning" but noted that she suffered a blow to the head.

Mexican police arrested 24 year old Nelson Perez Torres, who worked at a restaurant / bar near the port.  He reportedly confessed to striking Ms. Markiewicz in the head with a rock and then throwing her into the ocean, according to the chief prosecutor of the Mexican state of Quintana Roo where Cozumel is located.  You can read our articles about this case below: 

Royal Caribbean Crew Member Murdered in Mexico

Monika's Last Recital

A newspaper in Mexico is reporting today that the case against Torres is "riddled with contradictions and irregularities."  SIPSE.com  reports that the "star witness" for the prosecution has not only retracted his statement but alleges that he was theatened by the police to sign the declaration.  The Torres family has always contended that their son was beaten and "confessed" to the crime under duress.  We previously blogged about this: Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

The Mexican newspaper also states that videos taken at an intersection near the crime scene, and which should depict the identity of the murderer walking with Ms. Markiewicz, have not been produced.  The article also alludes that there will be defense witnesses who will testify to Mr. Torres being at a different location at the time of the murder. 

 

Photo credit:  estosdias.com.mx

Video credit: VOZTVCOZQROO (YouTube)

Sea Marshals on Cruise Ships? At Least in the Port of Los Angeles.

One of the proposals recommended by the International Cruise Victims (ICV) organization is having "sea marshals" on cruise ships in order to protect passengers and respond to shipboard crimes.  

Sea Marshal - Los Angeles - Cruise Ship SecuritySince 9-11 the Federal government has placed "air marshals" on airplanes.  The ICV has attempted to ensure that cruise ships have the same level of security by supporting legislation in California requiring "sea marshals" on all cruise ships entering and departing cruise ports in that state. 

Unfortunately, the cruise industry fought against an independent police force on cruise ships. The typical argument is that state law enforcement have no jurisdiction over foreign flag cruise ships on international waters.  However, there is no question that states like California have jurisdiction to place sea marshals on cruise ships once the ships reach state waters to act as a police presence and to monitor environmental  activities.  Alaska has a very effective sea marshal program designed to monitor cruise ship waste water dumping. 

The port of Los Angeles already has a sea marshal program.  By all accounts it is successful and serves the valuable purpose of protecting passengers.  As explained in an article today "Marshals Defend Port of L.A." in the Contra Costa Times, the port of Los Angeles has six sea marshals, as well as an additional eight to 10 port police officers who are trained to join the team. The L.A. sea marshal program is seperate from the sea marshal program operated by the U.S. Coast Guard  which board vessels up to 12 miles offshore. 

The sea marshal program in L.A. is geared toward addressing vulnerabilities as cruise ships and cargo vessel head into and out of the harbor.  Sea marshals board cruise ships 3 miles from port.  They are armed.  They make sure that no one forces their way into the bridge to hijack the ship and uses it as a floating bomb or a battering ram,  just as al-Qaida terrorists forced their way into the cockpits of jetliners on 9-11. 

Sea marshals also inspect various areas of the cruise ship, look for explosives, drugs, suspicious activities, and coordinate underwater inspections by port police divers once Los Angeles Port - Sea Marshal - Cruise Passenger Safetythe cruise ships reach port.  They remain on the bridge, where they keep watch as the cruise ships sail out of the Port of Los Angeles.  They return to port once the vessels reach 3 miles offshore.

The newspaper interviewed John Holmes, the deputy executive director of the Port of Los Angeles, who said: "Our most precious cargo at the port are our cruise passengers .  .  .  Anytime you get on a ship in Los Angeles and these guys come on board, I think it really gives people a sense of security."

It remains less than clear whether the sea marshals in Los Angeles have responsibility to handle reports of crime which occur at sea as the cruise ships sail back to California.  Undoubtedly, the local sea marshals can liason with the Los Angeles Port Police and the FBI.

Los Angeles has proven that a sea marshal program on a state level can work.  More ports and states need to follow Los Angeles's lead.

Miami New Times: Couple Sues Carnival Cruise Lines After Teenage Daughter Killed in Virgin Islands Gang Shootout

The lawsuit we filed this week of behalf of our clients for the death of their daughter, Liz Marie Perez Chaparro, has been covered in the Miami New Times and USA Today this week.  The article, written by Tim Elfrink, for the Miami New Times is entitled "Couple Sues Carnival Cruise Lines After Teenage Daughter Killed in Virgin Islands Gang Shootout."

"Liz Marie Perez Chaparro was celebrating her quinceañera on a Carnival cruise with her parents last summer when an employee convinced the family to join an excursion in St. Thomas. What he didn't mention, Chaparro's family says, is that a heated gang war was raging in the area.

Liz Marie Perez Chaparro - Death - Carnival Cruise Chaparro died on a tour bus when a shootout exploded between the rival gangs at a funeral, peppering the young tourist with bullets. Her family filed suit against Carnival today, alleging they should have known the violence was likely.

Chaparro and her parents, Ceferino Perez and Aida Esther Chaparro, live in San Juan, Puerto Rico. They saved for ten months to pay for her quinceañera cruise last July, they told the Virgin Island Daily News.

On July 12, one of the first nights of the cruise, Perez was drinking on deck when a cruise employee sold him on a trip to Coki Beach, a popular sandy stretch in St. Thomas.

But Perez didn't know that the Virgin Islands at the time were riding an all-time high homicide streak, he says in his lawsuit. Already that calendar year, the islands -- with a population of 100,000 -- had seen 43 murders.

What's more, Perez says, the week before a gang member had been shot and killed at a mall near Coki Beach and his gang had planned a funeral at a cemetery near the beach on the day of the excursion.

"(Carnival) should have known there was a high risk of an attempted gang revenge killing at the funeral," Perez says in the suit.

Either way, soon after Perez and his family boarded the bus for Coki Beach it was trapped on a two-lane road blocked by the gang members.  When a shootout broke out, their bus was caught in the crossfire.

Fourteen-year-old Liz Marie Chaparro died on the scene.

A Carnival spokesperson didn't immediately return a phone call and an email about the lawsuit this morning; we'll update the post when we hear back."

 

A copy of the lawsuit is available on line here (via courthousenews.com). 

Cruise lines have a legal duty to warn their passengers of dangers in the ports of call.  For our article about this terrible crime, read: More Caribbean Crime - Carnival Passenger Killed In St. Thomas.

U.S. Cruise Passenger Dies in Naples After Assault, Attempted Robbery

Reuters is reporting that an American tourist died in Naples yesterday, after thieves assaulted him while trying to steal his Rolex watch a week ago. 

The article states that Oscar Antonio Mendoza, age 66, and his wife cruised to Naples on May 18th.  After he disembarked the unidentified cruise ship to tour the city with his wife, two men approached him on a scooter, grabbed his arm and tried to take his Rolex.

Mendoza struggled with one of the men and was thrown to the ground, hitting his head. He was taken to hospital and operated on.  He did not regain consciousness and died nine days later.

Naples is an interesting place to visit, but it has a reputation for pick pockets, purse snatchers, and drive-by-scooter robberies.

Naples Cruise Passenger Assaulted  

May 29, 2011 Update:  Cruise Critic reports that the cruise passenger was from the Solstice cruise ship operated by Celebrity Cruises.

Cruise Critic writes "It should be noted that the Italian city is notorious for crime. The Cruise Critic profile on the port warns visitors to be 'careful about crime -- pickpockets, burglaries, etc.' "

What Happens to Cruise Ship Criminals? Not Much . . .

"Naked Law" by AVVO recently published an interesting article "What Happens to Cruise Ship Criminals?"

The article poses the following scenario: 

"A group of young women take a seven-day cruise to the Caribbean, a trip they’ve been planning for months.  The second night on board, they have a couple of drinks in one of the ship’s many lounges and bars.  The bartender is attractive and flirty.

Later that night, he rapes one of the women in her cabin—something he’s done before because he always gets away with it.  He knows full well that cruise companies generally do whatever it takes to cover up shipboard crimes.  By the time his victim gets to port, it’s too late to get any real evidence, plus the maid steam-cleaned the DNA off the cabin carpet."

TIME Magazine - Crime Rocks the Boats - Cruise Ship CrimeThe problem with this hypothetical scenario is that it is not hypothetical at all.  We have represented passengers who have been raped by bartenders, cabin attendants and even security guards on cruise ships.

The article mentions two of our client's cases and also refers to an article by Cruise Law News. 

First cited is an article by Julie Rowe in TIME Magazine entitled "Crime Rocks the Boats" which discussed the case of firm client Janet Kelley and the disappearance of George Smith during his honeymoon cruise with firm client Jennifer Hagel.  TIME published its blockbuster article in March 2006 while Congress was convening its second (of five) hearings on the problem of cruise ship crime.  It would not be until 2010 that Congress passed the Cruise Vessel Security and Safety Act which requires cruise ships to report shipboard crimes to the FBI and U.S. Coast Guard and to maintain rape kits aboard the ships.  

AVVO also cited our article Cruise Ships Are A Perfect Place to Commit A Crime, And Get Away With It! in which we discuss the disturbing cases of passengers James Scavonne (Carnival), Dianne Brimble (P and O Cruises), Merrian Carver (Celebrity Cruises), Christopher Caldwell (Carnival), and George Smith IV (Royal Caribbean), as well as the disappearance of Italian crew member Angelo Faliva (Princess Cruises). 

The new cruise safety law will not go into effect until 2012.  In the meantime, there remains few arrests and even fewer convictions when crimes occur during cruises.  The most recent alleged crime, involving a 17 year old who was allegedly raped after a crew member purchased her a half dozen drinks, resulted in a quick FBI investigation and no arrest.  Royal Caribbean terminated the crew member and gave him a one way ticket back home.  But the cruise line bartender who sold the booze and those on the cruise ship who observed the crew member drinking and fraternizing with the minor remain employed today.

The fired bartender is free to seek employment on one of the other 25 cruise lines which operate out of the U.S.  The cruise lines who are members of the Cruise Line International association ("CLIA") do not share information with each other when a crew member from one of the CLIA cruise ships is fired for sexual misconduct.

In the case of firm client Janet Kelly, raped by a cruise line bartender on a CLIA cruise ship, the crew member applied for work on another line (Princess Cruises) and was accepted for employment.  Sexual predators are emboldened by the cruise industry's indifference to this problem.

 

Credit: Julie Rowe, Time Magazine

Brazilian Police Conclude MSC Crewmember Strangled to Death

In January last year, we reported on the death of Camilla Peixoto Bandeira, age 28, aboard the MSC Musica cruise ship.  Her boyfriend, Bruno Souza Bicalho, allegedly found Ms. Bandeira deceased in their cabin, claiming that she committed suicide by hanging herself with a sheet from an overhead pipe.

Camila Peixoto Bandeira - MSC Cruises Today, a newspaper in Brazil reports that the police concluded that Ms. Bandeira was murdered by her boyfriend, with the cause of death being strangulation with the hands.  The conclusions were based on medical and forensic analysis and investigations conducted by the Brazilian police officers aboard the ship.

Camilla's cause has been championed by her brother, José Godolphim Bandeira Netto, who publishes a blog about the family's ordeal. 

This case is now heading toward a prosecution of Mr. Bicalho for the murder of Ms. Bandeira.

We applaud Jose and Ms. Bandeira's family for their efforts in finding justice for Camilla.

 

Photo credit:  atribuna.com.br

International Cruise Victims Protect Passengers Sailing from California Ports

This week I traveled from Miami to California to attend a hearing at the state capital building in Sacramento.  California Assemblyman Roger Hernández (D - West Covina) had introduced legislation that will permit the State of California to prosecute criminals on cruise ships which call on California ports. 

This is an important bill.  In all states except Florida, only the FBI has jurisdiction to investigate crimes outside territorial waters and the crimes must be prosecuted only by the Federal government.  Unfortunately, the FBI has a very poor track record investigating shipboard crimes and only a small fraction of such crimes are ever prosecuted. 

International Cruise Victims - Cruise Ship CrimeCalifornia has addressed this problem by introducing a bill that will permit state prosecutors to pursue criminal cases against crew members and passengers who commit crimes against passengers on cruises which begin and end in California.  In instances where the FBI or DOJ decline to become involved, the state of California can become involved and a state attorney can prosecute the crime.  

I had the opportunity to review the bill and meet with Assemblyman Hernández.  Issues were raised in opposition to the bill whether the bill was unconstitutional because it may violate the Supremacy Clause of the U.S. Constitution and impermissibly tread upon an area which was preempted by Federal law.  My analysis led me to conclude that the bill was constitutional and a valid exercise of the state of California to protect individuals sailing from its ports. 

Members of the International Cruise Victims (ICV) organization (photo left) attended the hearing.  Charmian and ICV founder Ken Carver traveled from Phoenix, Arizona to discuss the disappearance of his daughter, Merrian Carver, during a cruise aboard a Celebrity cruise ship, and the failure of the Federal government to investigate the incident or prosecute the cruise line when it engaged in a cover-up . 

Friend and former client Laurie Dishman (photo below) testified about her horrific experiences during a Royal Caribbean cruise, when a part time security guard (hired as a janitor/cleaner) raped her and then the cruise line forced her to remain in the crime scene for several hours.  When she was finally permitted to go to ship infirmary,  the ship doctor handed Laurie black garbage bags and told her to return to the cabin and collect her own evidence.  Laurie explained to the Assembly how the Federal government failed her. The FBI closed its investigation within 8 hours after the cruise ship Laurie Dishman - Jim Walker - Cruise Lawreturned to port in Southern California and the Department of Justice declined to prosecute the case despite substantial evidence which should have led to a conviction of the cruise line rapist.

ICV President Jamie Barnett, told the Assembly about the circumstances of losing her daughter, Ashley, during a Carnival cruise and the indifference demonstrated by the FBI to her family's plight.  (You can read about Jamie's efforts to protect the cruising public in The Compelling Story of Jamie Barnett - Living Through the Loss).

The assembly room was packed. You could hear a pin drop as Ken, Laurie and Jamie testified.   Although there were technical legal concerns with the legality of the bill, the Public Safety committee of Assembly voted unanimously in support of passing the bill.

The experience reinforced a conclusion that I reached long ago.  At the end of the day, legislators are less concerned with technical mumbo-jumbo legal arguments and more concerned with the compelling stories of victims appearing before them.  

There are additional committees which will review the bill before it is passed into law, but this was a historic event nonetheless. 

Congratulations to the ICV members and its supporting friends.  A special thanks should go to Ken, Jamie, and Laurie for taking a leadership position in supporting this important bill which will make cruising safer.         

 

Photograph credit:  Jim Walker (sorry for the poor quality, photos taken on my blackberry).

California Introduces Cruise Crime Legislation to Permit Prosecution of Criminals on the High Seas

California Assemblyman Roger Hernández (D - West Covina) has introduced legislation that will protect the rights of cruise ship passengers when a crime is committed against them during cruises.  If passed into law, Assembly Bill 1060 will permit the State of California to prosecute criminals on cruise ships during cruises which start and end in California ports.  

Cruise passengers have faced difficulty obtaining justice after they become a victim of a crime.  Historically cruise lines refused to report crimes to law authorities.  Crimes victims, particularly women who were raped during cruises, were left to report the crime themselves.  Trying to figure out who to contact when you have been victimized in the middle of international waters was a Californiadaunting task.  When cruise ships reported shipboard crimes, the reports were often late, incomplete and misleading.  When passengers complained about the non-reporting or shoddy reporting, the cruise lines' response was to say "hey, we don't to report crimes in the first place."

Due to the efforts of the International Cruise Victims (ICV) organization, cruise lines are now required to report shipboard crimes which occur on cruise ships which call on a U.S. port.  Last year, President Obama signed the Cruise Vessel Safety and Security Act which requires cruise lines report crimes during cruises to the FBI and U.S. Coast Guard.    

The problem remains, however, with investigating and prosecuting the crimes once they are reported.  The FBI's track record over the past decade of investigating cruise crimes in unimpressive.  During Congressional hearings over the past five years, it has been revealed that only a very small percentage of crimes investigated by the FBI lead to arrests and prosecutions.  Many victims who contact our office complain about the FBI's reluctance to investigate cruise ship sexual and physical assaults.        

California Assemblyman Hernández's new bill will address this problem.  In instances where the FBI decline to become involved or the federal government chooses not to prosecute a crime, the State Attorney's office may elect to prosecute the case.  The state of Florida has a similar statute, although it is the only state which has taken steps to address the problem of crimes on cruises going unprosecuted.   

"Cruises are intended to be a vacation at sea, and when crimes are committed on cruise ships, victims are basically held captive with their perpetrator until the ship docks," said Assembly Member Hernández.  "AB 1060 provides relief for cruise ship victims who may otherwise not be able to find justice today."

Jamie Barnett, President of the ICV, issues a statement:

"ICV commends the leadership of Assembly Member Roger Hernández with the introduction of historic legislation to further protect the passengers arriving in California ports that have been a victim of a crime on a cruise ship.  In addition to the new federal legislation passed last year, this important legislation will provide even greater protection and options for passengers to make sure that justice takes place when they are a victim of a crime on a cruise ship. ICV sees this legislation as being a guide to other states to better protect their passengers who arrive in their states on cruise ships."
 

 

Credit:  California map   Jacques Liozu

St. Thomas Jury Convicts Killer of Carnival Cruise Passenger

Steve Tyler - Murder St. Thomas - Cruise - Liz Marie Perez ChaparroYesterday a jury in the U.S. Virgin Islands convicted a 22 year old man in St. Thomas of killing a young Carnival cruise ship passenger last July. 

The jury convicted Steve Tyson (photo left) of two counts of murder related to the July 12, 2010 shootout near the popular Coki Beach tourist attraction.

14 year old Liz Marie Perez Chaparro of Puerto Rico, was struck by a bullet as she and her family rode in an open-air safari taxi after disembarking from the Carnival Victory cruise ship 

Our firm represents the Chaparro family.  We wrote about the sad incident last summer More Caribbean Crime - Carnival Passenger Killed In St. Thomas

Also killed during the incident was Shaheel Joseph, age 18, who is a local resident of St. Thomas.

St. Thomas has an astronomically high murder rate. The Coki Beach area is well known to local residents as suffering from gangs, drugs and crime.  Carnival did not warn the passengers of these facts prior to taking their cruise fares and sailing them into this dangerous port.

 

Photo credit:       virginislandsdailynews.com

Princess Cruises Captain Pleads Guilty to Sex Crime Against Girl on Princess Cruise Ship

A newspaper in the U.K. reports that a cruise ship captain pled guilty last October to sex crimes against a 14 year old girl.  The Spalding Guardian newspaper identifies the sex criminal as Captain Peter Russell, who entered the girl's cabin, apparently when her parents were not present, and performed an unidentified sex act on her.    

The U.K. newspaper indicates that after the cruise, Captain Russell contacted the girl on the internet and made obscene suggestions about the girl’s breasts, urged her to perform a sex act, and requested that the girl take a photograph of herself naked and send it to him.  According to the Captain Peter Russell - Princess Cruises - Child Predator - Sex Crime article, the disturbing circumstances were revealed to the child's parents when the girl broke down in front of her father and showed him the online conversations. 

Captain Russell subsequently admitted to the unlawful sexual activity with a child on the cruise ship and over the internet.

As is often the case, the newspaper did not identify either the cruise line or the cruise ship where the crime occurred.  The available information on the internet indicates that Master Russell captained a number of different cruise ships for Princess Cruises, including the Sun Princess and Sea Princess.  We asked Princess Cruises for information about when this occurred, what cruise ship was involved, how long Captain Russell worked for Princess and what, if anything, it did when the crime was committed.  No response so far.      

We have written many articles about the danger of passengers leaving their children alone in cabins on cruise ships, and trusting the cabin stewards and waiters.  Little did even we consider the depravity of a captain of a cruise ship targeting a little girl like this.  Consider this observation of Captain Russell during a Princess cruise from an unsuspecting passenger:

"After a day or so at sea we realised the ship's good-humoured tone was hugely influenced by Captain Peter Russell, a warm Englishman who spreads himself around the passengers like a favourite uncle at a wedding. The crew adore him. Forty-five years at sea, from tankers to cruise ships, Captain Russell exudes nautical wisdom and is also a bubbling fount of humorous stories  .  .  ."  

Yikes!

We have also written several blogs about the problem of sexual predators on Princess Cruises and the disturbing attitude that this cruise line, known ironically for the iconic "Love Boat" series, has toward sexual crimes against women and children like this.  In my opinion, Princess Cruises has one of the best deserved reputations for sex crimes on its cruise ships and engaging in cover-ups of such crimes.  Take a moment and read:

Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships

Sexual Assault Reported on P & O Cruises' Pacific Sun Cruise Ship     

Below is the unedited article from the Spalding Guardian:

SHIP CAPTAIN JAILED FOR TEEN SEX OFFENSES 

"A 'world class' cruise ship captain from Donington has been jailed for nine months for sex offences against a 14-year-old girl while she slept in her cabin.

Lincoln Crown Court heard on Thursday how Peter Russell (64), of Bicker Road, performed a sex act on a teenage girl while she was asleep in her bunk.

The victim thought she had dreamt the incident but it later came to light when Russell chatted to her on the internet on MSN Messenger and made obscene suggestions.

Matthew Lowe, prosecuting, said Russell made comments about the girl’s breasts and urged her to perform a sex act while chatting to him over the internet.

Princess Cruises - Sex Crimes - Child Molestation Russell went on to request that the girl take a photograph of herself naked and send it to him.

The incidents came to an end when the girl broke down in front of her dad and showed him the records of her online conversations she had with Russell.

Russell admitted two charges of inciting a child to engage in sexual activity together with sexual activity in the presence of a child and a further charge of sexual activity with a child.

Judge Sean Morris jailed Russell for nine months and placed him on the sex offenders’ register for ten years.

The judge told Russell: 'You are a sea captain of great distinction and have a glittering reputation.'

'You have brought that crashing down.'

Russell worked throughout the world as a captain of oil tankers for the Esso oil company and, following his retirement, went on to skipper cruise ships.

William Powell, defending, said: 'He stands before the court an utterly humiliated person.'

'His outstanding career is in complete ruins. He is a man who has disgraced himself to an appalling extent.'

'He has spent almost his entire career at sea.'

'He retired from Esso at the age of 50 with a reputation as a world class player.'

'He was up there with the elite. He was hugely regarded.'

Mr Powell said that Russell went on to skipper cruise ships but his job came to an abrupt end following his arrest.

He urged the judge to show mercy to Russell who was previously a man of 'good character.'

 

March 27, 2011 Update: Princess Cruises provided the following information to us:

"We only found out about this incident when contacted by the Linconshire Police in May 2010.  Nothing about this incident was ever reported to us.  We understand that this involved a family member, and that the incident occurred in 2008.  We tried to get more information from the Police but they would not give us much because they said it had nothing to do with Princess.  He worked for Princess at the most 4 years.  He signed off  from the Sea Princess at the end of his contract in Dec. 2009.  He did not work on board any of our ships again." 

 

Photo credits:

Captain Peter Russell - Dick Drayer / Picasa Photo

Princess Cruise Ship  - TravelServer

Cruise Rape Case Begins - Bermuda Press Tries to Conceal Connection to Princess Cruises

Today the Royal Gazette newspaper in Bermuda is reporting on the beginning of a criminal trial in Bermuda where a 40 year old crew member is accused of raping a female crew member on a cruise ship flagged in the Bermuda.

The newspaper reports that the case involves a crew member who is accused of raping a younger crew member.  The newspaper does not identify the name of the accused crew member althought it states that both crew members are Filipino nationals who worked on the same vessel."  The newspaper does not even name the cruise line or the cruise ship.

Rape - Sexual Assault - Caribbean Princess - Princess CruisesLast month we reported that the alleged crime occurred on a Princess cruise ship and Filipino crew member Johnwill Reyes Abdon, age 40, was the Princess Cruises crew member who allegedly committed the crime.

The incident occurred on the Caribbean Princess, a Bermuda-registered vessel, on December 28, 2010.

It is not unusual for the press in the flag state to try and conceal the name of the cruise line, the cruise ship and the cruise line employee involved in alleged crimes like this, in order to avoid embarrassment to its cruise line customer.  

The 26-year-old crew member became pregnant after the incident.  She testified that Ms. Abdon sexually assaulted her.   Ms. Abdon denied the charges and said that the  encounter was consensual. 

As we previously reported, sexual assaults on cruise ships are common, notwithstanding the efforts of the cruise industry to convince the public otherwise.  We attended five Congressional hearings since 2005 where Congress was provided with evidence of literally hundreds of incidents of sexual assaults on cruises. 

Cruise expert Professor Ross Klein studied cruise crime statistics provided to the U.S. Congress and concluded that passengers run nearly twice the risk of being sexually assaulted aboard a ship than they do on land.

We have written about rapes on Princess Cruises before in articles:  Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships and Princess Cruises Sexual Assault Trial Begins.

The unusual thing about this case is that the police in Bermuda (where the ship is flagged) actually traveled to South Florida and arrested crew member Abdon, and then flew him to Bermuda to face the charges.  Getting the local police from the flag state to arrest crew members on cruise ships around the world is rare.  Extremely rare. 

Whether a jury in Bermuda will convict a Filipino crew member who commits a crime against another Filipino crew member seems questionable.  Given the deplorable conviction rate aboard foreign flagged cruise ships in Princess Cruises' fleet, it is questionable that Mr. Abdon will receive jail time - even if he committed the crime.  Heck, the press in Bermuda will not even mention that one of the cruise ships flagged in Bermuda is even the location of the alleged crime. 

 

Photo credit:  raflucgr.ra.funpic.de

Senor Frog's Comments on Crime Against Cruise Passenger in Nassau

Today, we received the following statement from Senor Frog's in Nassau, about our articles "Cruising To The Bahamas - Is It Safe?" and "Cruise Passenger Beaten and Raped in Nassau - Are Royal Caribbean and Senor Frog's to Blame?

"We, at Senor Frogs, are deeply saddened, concerned and disturbed by this news.

Senor Frogs is part of a chain of restaurants that has been operating for 40 years in tourist destinations. Our number one priority has always been and, continues to be, the well-being and safety of our guests. We take every step necessary to ensure the safety of guests within our premises. Unfortunately, our jurisdiction ends at the front door and we cannot see where each guest goes after they leave. We are aware of the situation being reported and have been providing all assistance to the Bahamian Government and Royal Bahamian Police in this case.

Senor Frogs has several security officers on-site. Some security members are off duty police officers. In addition, there is a small police station approximately 20 feet from our front entrance. The Bahamian Government assists us by sending police officers to patrol inside and around Senor Frogs restaurant, in addition to several other businesses.

Each of our Floor Managers has 10 – 20 years of experience, working in this environment. As I mentioned before, our priority is to safeguard our guests, in addition to providing high quality service and products.

We have 32 closed circuit cameras within Senor Frog’s premises. We reviewed the tapes for this incident and spoke with our security staff that witnessed the guest leaving. They reported, and the tapes confirm, that on that particular day, the guest that was involved in the incident was seen leaving Senor Frogs through the front entrance walking normal and not intoxicated. A male who did not appear to be intoxicated accompanied her. The male appeared to be another tourist. No flags were raised because there was no aggression, despair or any abnormal activity that would cause us to think something was wrong. They left the premises walking fine and in a friendly manner.

After leaving Senor Frogs, we have no information about where the guest went. For that information, you would need to contact the Police Department or Bahamas Government.

We are very concerned by these reports and will continue to ensure the safety of our guests. We also know that the Bahamian Government is concerned and is making great efforts to ensure tourists are safe while visiting Nassau.

Our thoughts and prayers are with the guest who was violated."

Cruise Lines Skip Papua and Mazatlan, But Sail Passengers to Nassau - the Cruise Crime Capital of the World

This past week, the news has been filled with stories of cruise lines canceling calls to ports around the world because of concerns for their passengers' safety. 

Carnival, Disney and Holland America Lines announced that they would no longer sail to Mazatlan because of violence in this Mexican city.  Carnival called the decision a "precautionary measure," noting that "there have been no incidents involving cruise passengers."

Royal Caribbean Cruises said that its Rhapsody of the Seas will not call on Port Moresby in Papua, New Guinea because of concerns for the safety of cruise passengers.  But  according to an Nassau Bhamas Crime - Cruise Ships - Robbery - Rapeinterview with a local tour operator in Papua, "no tourist that I heard in my lifetime taking tours around in Port Moresby have been rolled or have been attacked or been murdered."  Royal Caribbean says the latest visit was canceled "in an abundance of caution."

"Precautionary measures" and an "abundance of caution?"  If these are the governing standards for canceling cruises to violent ports, then what explanation do the cruise lines have for disembarking their passengers in Nassau? 

Yesterday, the Tribune, one of the leading newspaper in Nassau, blared the headline "66 Armed Robbery Victims in 2 Months."  At the same time, the other major newspaper, the Nassau Guardian headlined "Cruise Sector Not Expecting Decline in Business," reporting that cruise passenger arrivals grew by six per cent in 2010, continuing the rapid growth experienced over the past 40 years, with the numbers climbing from just over one million cruise visits in 1970 to over 20 million last year." 

The Bahamas has the highest incidence of rape in the Caribbean according to a 2007 United Nations report on crime and violence.  But this is not an academic statistic.  It's real.  Earlier this week, we reported on a young cruise passenger who was beaten and raped in downtown Nassau near the cruise wharf. 

The last year and one-half has seen an epidemic of crime against cruise tourists.  We were the first publication in the U.S. to report on Eleven Cruise Passengers Robbed in Nassau and 18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas.  We have also written about Bahamas Cruise Crime Nightmare Continues and Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level.

If the cruise lines are acting responsibly in avoiding a port like Mazatlan because of the potential for violence against passengers, then why are cruise lines sailing their ships into a dangerous port in the Bahamas where unsuspecting guests have actually been robbed and raped?

 

Photo credit:  BahamasPress.com

Cruise Passenger Beaten and Raped in Nassau - Are Royal Caribbean and Senor Frog's to Blame?

A horrific crime occurred in Nassau involving a twenty-four year old Canadian woman cruising to the Bahamas. 

"Jane Doe" (whose name is being withheld to protect her confidentiality) cruised aboard Royal Caribbean's Majesty of the Seas from Miami, leaving February 21st.   Jane Doe sailed with her father and friends.  The cruise ship docked in Nassau on February 23rd. 

While ashore the group ended up at Senor Frog's, a popular local bar, early in the evening.  Senor Frogs is located at the end of a promenade called the "Woods Rogers Walk," near the Straw Market, close to the wharf where the cruise ships dock. 

Senor Frog's - Sexual Assault - Nassau Bahamas After leaving the bar to head back to the cruise ship, the young woman was viciously attacked and sustained physical injuries.  Looking for help, Jane Doe was then sexually assaulted by a second man (pretending to be a good samaritan) who raped her.  She treated in a local hospital in Nassau and then eventually flew home to Canada to recover.

The high crime rate in Nassau is an issue which I have written about frequently on this blog.  We have represented and written about many cruise passengers raped or robbed at gun point in Nassau.  The Bahamas has the highest incidence of rape in the Caribbean according to a 2007 United Nations report on crime and violence.  

Cruise lines are legally obligated to warn passengers of crimes in the ports of call where the cruise ships sail.  Unfortunately, cruise lines like Royal Caribbean do not warn of violence against passengers before disembarking them in Nassau, although the U.S. State Department does.  A year ago,  I was interviewed by Time Magazine in the article "Cruise-Ship Port Call: Gauging Crime in the Bahamas."  I also  wrote an article warning about violence against women in bars ashore in Nassau.  The article is entitled Cruising To The Bahamas - Is It Safe? 

In response to the article, we received a letter from Senor Frog's requesting the: 

".  .  .  immediate removal of our front entrance picture and name from your website. We feel that your website has a negative impact togards (sic) our facility and our pictures and name has been used causing damage to our name and reputation, regardless of the crime in the bahamas.  Senor Frogs Restaurant is a serious stablishment (sic) pro-security we have daily security staff plus the fact that our location is just 1 minute walking distance to a police station our staff always ensure that customers are safe and having a good time we have zero tolerance to crime or disrespectful manners."   

Needless to say, we did not retract the reference to Senor Frog's or omit the photo. 

We requested a comment from Senor Frog's about this latest incident, and a copy of its response is referenced below. 

We also contacted Royal Caribbean for a statement but have received no response. 

Below is our article dated March 14, 2010, "Cruising To The Bahamas - Is It Safe?"

The U.S. Department of State has issued a warning of dangers while traveling to the Bahamas, including sexual assaults on cruise ships in the port in Nassau:

Nassau Bahamas - Crime - Cruise Passengers"CRIME: The Bahamas has a high crime rate .  .  .  the U.S. Embassy has received reports of assaults, including sexual assaults, in diverse areas such as in casinos, outside hotels, or on cruise ships. In several incidents the victim had reportedly been drugged."  

This type of warning, although certainly warranted, is not what the Bahamas wants to hear.  Nassau is a preferred port of call for many cruise ships, which line up like cars in a crowded parking lot.  

Today's the headline in the Washington Post's travel section is also not what the Bahamas or the cruise lines which sail there wanted to hear: "Violent Crime Is Up In The Bahamas"  Here is a portion of the article:

"Bahamas-bound travelers, beware.

Crime in the popular tourist destination is on the upswing, especially on New Providence Island, where the capital city, Nassau, is located. And we're not talking just petty thefts or purse-snatching, but far more serious violent crime.

This island nation finished 2009 with a record 87 murders -- a statistic tourism officials probably won't be trumpeting in their next "It's Better in the Bahamas" ad  .  .  .

The criminal activity has prompted the operators of the world's largest cruise ship, Oasis of the Seas, to warn its passengers to "be mindful of their personal safety," the Nassau Guardian newspaper reported  .   .   .

Some Bahamians attribute the crime wave to high unemployment (hovering around 15 percent on Senor Frog's - Nassau Bahamas - Alcohol - Rape New Providence Island, according to the Guardian) and the nation's status as a gathering spot for drug traffickers."

We have warned passengers cruising to Nassau about crime for the past 6 months:

Eleven Cruise Passengers Robbed in Nassau 

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Bahamas Cruise Crime Nightmare Continues

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

The problem with crime in Nassau is real.  Many passengers let their guard down and think Nassau is safe for no reason other than the cruise line is sailing there.  But we have represented passengers raped in Nassau, passengers raped on cruise ships in the port in Nassau, and multiple passengers robbed in Nassau.   

A major problem is when young women go into Nassau and drink at the popular bars near where the cruise ships dock.  Many women have been sexually assaulted after leaving the bar even though it is a short distance from the cruise ships.  The cruise lines do not provide security at the port nor do they warn about the dangers of date rape drugs and sexual assaults while in Nassau.

The U.S. Department of State warns about young women being sexually assaulted after leaving the cruise ships in Nassau:  

"Visitors should exercise caution and good judgment at all times.  Engaging in high-risk behavior such as excessive consumption of alcohol can ultimately be dangerous as it greatly increases the vulnerability of an individual to accidents or opportunistic crime.  Visitors should not accept rides from strangers or from unlicensed taxi drivers."   

March 9, 2011 Update:  Senor Frog's in Nassau sent us a statement today  - please read: Senor Frog's Comments on Crime Against Cruise Passenger in Nassau.

August 15, 2012 Update: Royal Caribbean Passenger Reports Rape at Senor Frog's in Cozumel.

September 8, 2012 Update:  Eleventh Circuit Court of Appeals: Cruise Lines Have Duty to Warn of Danger of Crime in Ports of Call - a federal appellate court re-instates a lawsuit against a cruise line for not warning its passengers of danger in St. Thomas. The case involved a 15 year old girl who was celebrating her quinceanera with her parents and brother on a Carnival cruise. A gang-related shoot out ended up with the girl being killed.     

 

Credits:

Top photo - interior of Senor Frog's looking at cruise ships    

Middle photo - Oasis of the Seas - Nassau Bahamas Press

Bottom photo - Senor Frogs Casch52 Flickr photostream

Five Year Anniversary of Time Magazine's "Crime Rocks the Boats"

We are approaching the five year anniversary of the March 2006 Congressional hearings into the issue of crimes on cruise ships.  Due to the efforts of the newly formed International Cruise Victims (ICV) organization, Congress convened a hearing in March 2006 to investigate the disappearances of cruise passengers and the sexual assault of women during cruises.

Merrian Carver - Missing - Celebrity CruisesThe cruise industry was caught flat footed.  The ICV organization, led by President Ken Carver (below, right), introduced the compelling stories of victims of shipboard crimes and mistreatment by the cruise lines.

Mr. Carver's daughter Merrian Carver (photo left), disappeared from the Celebrity cruise ship Mercury.  Her stateroom attendant knew she was missing and was instructed to do nothing.  Celebrity Cruises thereafter engaged in nothing less than a cover up, including members of senior management.  

George Smith IV (photo below left) disappeared from the Royal Caribbean Brilliance of the Seas.  The cruise line quickly characterized the incident as an accident and destroyed evidence. 

A bartender sexually assaulted Janet Kelly during a cruise from Southern California to Mexico (a confidentiality order prohibits the mention of the cruise lines or cruise ship).  The cruise line did nothing to assist in proving a case against its own crew member, but eventually fired him.  He ended up serving drinks on a Princess cruise ship shortly thereafter until we tracked him down and had him fired again.    

The stories of these victims  were compelling.  The cruise industry had little response.

We represented Mr. Smith's widow Jennifer Hagel and introduced her to another client of the firm, Janet Kelly.  They appeared on national television together (photo below, middle right) and were featured in an article by Time magazine called "Crime Rocks the Boats."  This hearing and the attendant press surrounding the hearing in Washington were an important step toward convincing our U.S. Congress to enact legislation to protect the cruising public.  Last year President Obama signed the Cruise Vessel Ken Carver - International Cruise Victims - Cruise Ship Crime Safety and Security Act into law.  The public can thank Ken Carver, Janet Kelly and Jennifer Hagel - among many others - for their dedication and advocacy for creating public awareness of the need for legislation to oversee the foreign flagged cruise industry.   

Here is Time Magazine's article, unedited, written by Julie Rowe:         

"Like so many other tales of cruise-ship crime, Janet Kelly's story begins with a cocktail and ends with a confidentiality agreement. Six years ago, on the last night of a Mexican cruise returning to Los Angeles, the Arizona businesswoman stopped at a poolside bar before dinner. The bartender, who in the days prior had been friendly but not overly flirtatious, handed her a fruity concoction that had an unwanted kick. Kelly, who is convinced that the drink was drugged, says she felt her legs go rubbery and her mind turn to mush as the bartender led her to an employees-only restroom and raped her before she passed out cold.

After flying home the next day, she went to a hospital and was tested for evidence of sexual assault. The FBI, which is the lead agency for investigating incidents involving U.S. citizens on the high seas, took several weeks to interview the bartender, who claimed what happened in that bathroom stall had been consensual. After her criminal case landed in the "he said, she said" file, Kelly sued the cruise line, which promptly fired the bartender for misconduct (even consensual sexcapades between crew members and passengers are officially verboten) and sent him home to Jamaica. Several months later, she discovered through private investigators that he had been hired by another cruise line.

What's unusual about Kelly's story--aside from the rehiring of the bartender, who was booted once again after his new boss learned he had falsified his employment records--is that she is able to tell so much of it. Unlike many other cruise-crime victims, Kelly, 49, settled her lawsuit with an agreement that allows her to talk about her experience, although she can't name the cruise line or the size of the settlement. This week she will testify before a congressional committee as it debates whether there needs to be greater federal oversight of the booming cruise industry, which served 11.2 million passengers last year, up 63% since 2000. Although the vast majority of passengers are American, cruise ships steer around most U.S. laws by registering in foreign countries. Because of murky jurisdiction issues, the companies report crimes to the FBI on a voluntary basis.

In the wake of several recent missing-persons cases aboard cruise ships--at least 28 in the past three years--lawmakers are trying to determine whether those incidents and other crimes at sea get reported accurately, let alone investigated and prosecuted. The politician leading the charge, Congressman Chris Shays, represents the Connecticut district that had been home to hunky George Smith IV - Missing - Disappearance - Cruise Ship  honeymooner George Smith, whose mysterious disappearance from a Royal Caribbean cruise in July was initially dismissed by the ship's captain as an accident or suicide, despite signs suggesting foul play. Among the dramatic elements that have emerged in the case: Smith drank absinthe, which may cause hallucinations, a few hours before he vanished in the Mediterranean; a giant bloodstain was found below his balcony; some of his drinking buddies, who deny any wrongdoing, got kicked off the boat a few days later after a female passenger accused them of rape.

The media frenzy surrounding the ongoing Smith investigation has dredged up other unsettling cases. One concerns Merrian Carver, a sometime investment banker from the Boston area who disappeared in 2004 during a weeklong Celebrity cruise to Alaska. Her cabin attendant has testified that when he reported his suspicion that she was no longer aboard three days into the voyage, he was told to keep putting fresh chocolates on her pillow. At the end of the trip, his supervisor placed Carver's belongings in storage without notifying her family or the authorities.

The supervisor was fired for what a company spokesman insists was a rare breakdown of a solid reporting system. But Shays isn't sold on that. He is trying to determine whether cruise lines are keeping some crimes off the books. "There's a huge incentive to downplay any incident, to sail on," says the centrist Republican. "Is going on a cruise the perfect way to commit the perfect crime?"

The few statistics available aren't too comforting. No one tracks the total number of incidents cruise ships report to U.S. law-enforcement agencies. The FBI opened just 305 cruise-crime investigations from 2000 to September 2005, suggesting that either those floating hotel-casinos are some of the safest places on earth or this caseload is just the tip of the iceberg. Evidence supporting the latter: the FBI generally won't look into an onboard theft unless the items stolen are worth more than $10,000.

Other countries appear to put even fewer resources into investigating cruise-ship crime. For instance, Reginald Ferguson, assistant crime commissioner for the Bahamas, in which many ships are registered, says his office has examined "maybe one or two incidents involving U.S. citizens over the last three or four years."

That means the only authorities most cruise-crime victims can turn to are the ship's security personnel, who have a strong incentive to protect the industry's fun-in-the-sun image. "The cruise line controls the scene of the crime, controls the witnesses, controls the evidence," says Miami attorney James Walker, who represented Kelly. "It's all being filtered through the company's risk-management department." Court documents seen by TIME back up that contention. In one case, a passenger who was examined on board for evidence of gang rape sued the cruise line after ship security, by allowing housekeeping to repeatedly steam-clean the carpet, failed to preserve the Janet Kelly - Jennifer Hagel - Cruise Crimealleged crime scene. In another case, a passenger accused of sexual assault testified that a ship security officer coached him to state that "no sex was performed by anyone." Cruise lines, says maritime lawyer Charles Lipcon, "are silently working against the victim. They're busy trying to make sure criminal cases don't see the light of day."

Perhaps that's the reason only 7% of the 135 federal investigations into sexual assault over the past five years were prosecuted. Why were 93% of the cases dropped? Says Bill Carter of the FBI: "By the time we can get to [the victim and witnesses], a period of time has passed, people's memories change, they were intoxicated, or there is a lack of evidence because it was cleaned."

Michael Crye, president of the International Council of Cruise Lines, insists that the low incidence of reported crimes reflects the generally safe environment on the ships. Despite cases like Kelly's, he notes, cruise employees are vetted more rigorously than hospitality workers onshore and undergo a background check by the U.S. State Department. Royal Caribbean reported that its violent-crime rate last year was 15 incidents per 100,000 people on board. "We're approximately 30 times safer than American communities in general," says the company's head of fleet operations, Captain Bill Wright, who maintains that Royal Caribbean discloses every incident, even petty thefts, to authorities.

In response to the congressional probe, Crye says he and several cruise-line officials met with the FBI, the Coast Guard and Customs and Border Protection last month to "shore up any perceived deficiencies in reporting." At the same time, FBI assistant director Chris Swecker says he is considering development of a program to train cruise-industry security chiefs to improve evidence collection by using such tools as rape kits and blood tests for date-rape drugs.

But to Kelly and other victims of cruise-ship crimes, changes like those won't address the larger issue of whether the industry can be trusted to police itself. A recently formed activist group called International Cruise Victims is pushing to place the equivalent of federal air marshals on cruise ships.

That is undoubtedly an uphill battle, given the resources the industry has to oppose it. Carnival, the world's biggest cruise company, netted a record $353 million in the last quarter alone. And the George Smith case didn't stop Royal Caribbean from ending the year with a record profit of $716 million. The industry can use those deep pockets to stave off concerned lawmakers. According to the Center for Responsive Politics, from January 2004 to July 2005, the cruise industry spent $2.9 million on federal lobbying, nearly $1 million more than Wal-Mart did during the same period. That may be why, according to Congressman Shays, "there's never been any real oversight. Ever." Kelly, for one, is prepared to take on the industry--and endure intense scrutiny along the way--because, she says, "you just keep thinking about the next poor sucker who climbs aboard."

Crime Rocks the Boats - Cruise Ship Crime  

Credit:  Julie Rowe, Time Magazine 

Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

Nelson Perez Torres - Murder - Monika MarkiewiczNelson Perez Torres, age 24, reportedly confessed to striking Royal Caribbean crew member Monika Markiewicz in the head with a rock and then throwing her into the ocean, according to the chief prosecutor of the Mexican state of Quintana Roo where Cozumel is located.

As we reported in a prior article, Ms. Monika Markiewicz, a 32-year-old Polish musician who worked aboard Royal Caribbean's Allure of the Seas cruise ship was found last Saturday in the waters off the southern part of Cozumel.  Her employer, Royal Caribbean Cruises, indicated that she was a victim of foul play.  

This morning, Royal Caribbean took the unusual step of issuing a statement via PR Newswire, claiming that the killer and Ms. Markiewicz were "casually acquainted for several months."  The cruise line also made a point of characterizing the crime as "isolated and uncharacteristic" for Cozumel."  Royal Caribbean also congratulated its security department for assisting in the investigation which led to the arrest of the alleged killer.

Meanwhile, a newspaper in Mexico Por Esto is reporting that the parents of Mr. Torres are complaining that their son had been falsely accused of the crime and allegedly intimidated into a confession.  Nelson Perez Torres - Murder - Monika MarkiewiczThey claim that he had never been in trouble before and he had worked at a bar near the cruise pier for the past eight years.  They claim that because they are a humble family of little means, their son was railroaded into a confession.  Friends and family members picketed at the pier with signs saying Mr. Torres is innocent.   

There are several Mexican newspapers indicating that Mr. Torres gave different statements to the police, initially stating that he did not know Ms. Markiewicz and had never seen her, or that they had walked together to a location and he left after she resisted his advances, or that she had slipped and then he hit her with a rock to end her suffering.   

 

Photo credits:    Por Esto newspaper

Mexico, Cruise Ships & Crime Against Women

Thirteen years ago I represented a young woman from St. Augustine, Florida.  She was employed as a cook on a private yacht owned by a multi-millionaire tycoon.  She went ashore to Cabo San Lucas with a group of fellow crew members.  They ended up leaving her in a nightclub and returned to the yacht.  When she tried to walk back to the marina late that evening, four Mexican men abducted her in their car.  They  drove her outside of the city to a remote area.  They then raped her and burnt her naked body with cigarettes.  When the men passed out after drinking tequila and smoking weed, she ran to a highway, flagged down a car, and escaped from her hell in the Mexican desert. 

Her maritime employer, asshole as he was, not only refused to provide her with medical treatment but fired her from her job.  He blamed her for staying out late and drinking at the club.  The kindest thing I can say about the local police in Mexico is that they were indifferent to the young woman's plight.  

When I traveled to Cabo San Lucas, I found the surroundings hostile.  The area surrounding the marina and cruise port seemed menacing.  I have lived outside of the U.S., including in North Africa, but Mexico seemed utterly lawless to me.  The police authorities seemed no different than the banditos.    

My client's situation ended up in litigation based on the yacht owner's failure to warn her of the dangers ashore in Mexico and his refusal to provide her with medical treatment after she was victimized.  After a long protracted battle, she obtained a settlement and tried to move on with her life. 

Her ordeal has always haunted me. 

Cozumel Mexico - Crime - Cruise Ships Ever since then, I have been hyper-sensitive to the vulnerability of women employed on ships sailing around the world. I am apprehensive of the dangers which  await young women as they unsuspectingly walk down the gangplanks into the tropical ports of call which seem so appealing but - in truth - are so, so dangerous.

The recent story about the Royal Caribbean crew member, Monika Markiewicz, from the Allure of the Seas, who disembarked her cruise ship in Cozumel and never returned, brings me back to my client's tortuous ordeal over a decade ago.

There is no indication that Ms. Markiewicz was sexually assaulted, but her employer has publicly stated that she was a "victim of a violent crime while ashore in a remote area in Cozumel."  Did the cruise line warn her and other crew members of dangers ashore in Mexico?   What did the cruise line do once they realized that she did not return to the cruise ship last Friday afternoon?  Did they abandon her as my client was abandoned 13 years ago?  Did they notify the young woman's family in Poland when the cruise ship set sail and left her in Mexico?  Did they contact the Polish Embassy or Consulate?  While heading back to Miami, did the cruise line call the emergency contact telephone numbers which all crew members provide when they join Royal Caribbean?

Is Royal Caribbean going to do anything now?  Its PR spokesperson stated yesterday that the cruise line has no intention of suspending its trips to Cozumel.  Full steam ahead, they say.  When the disastrous earthquake struck Haiti and killed 100,000 people a year ago, Royal Caribbean said that sailing back into the Haitian destination of Labadee was a "no brainer."  So the loss of one of its crew members due to a violent crime in Cozumel is not going to slow it down one bit.  

Royal Caribbean is directing all inquiries regarding the crime to the Mexican police authorities.  But the police have a reputation for incompetence at best and corruption at worst.  I have never heard of anyone in Mexico being tried or convicted of a crime against a tourist or a ship employee on shore leave.  There are several web sites discussing the reluctance of Mexican police to get involved in investigations in cases like this, such as Mexican Vacation Awareness.  And some of the local police in Mexico have even been accused of participating in crimes against tourists.

Many naysayers reading this blog will say "it could happen anywhere."  Others will say "what is a cruise line to do?"  Well we know what Royal Caribbean is doing - sailing to Mexico as if nothing happened.  And pretending the Mexican police will solve a crime against a young woman from Poland victimized in a remote location in a dangerous country. 

Royal Caribbean Crew Member Murdered in Mexico

Numerous news sources are reporting that the body of crew member from Royal Caribbean's Allure of the Seas was recovered from the ocean near Cozumel. 

Allure of the Sea - Cruise Ship - Crew DeathPolish national Ms. Monika Markiewicz, age 32, was employed by Royal Caribbean as a musician.  She disembarked from the Allure on Friday and did not return to the cruise ship.  The cruise ship then left Cozumel and sailed back to Miami.   

Her body was recovered on Saturday.   

An autopsy determined the cause of Ms. Markiewicz's death was "drowning" but noted that she suffered a blow to the head.  According to the Canadian Press, Royal Caribbean spokesman Cynthia Martinez said the information the company had received indicated "she was the victim of a violent crime, and did not drown accidentally."  "Tragically, we recently became aware that the crew member was a victim of a violent crime while ashore in a remote area in Cozumel," the statement said.

Royal Caribbean has had many deaths in the last two months.  Last week, a crew member was killed and the safety officer injured during a fire drill aboard the Allure's sister ship Oasis of the Seas.  A passenger's husband filed suit over his wife's death on the Brilliance of the Seas.  Three Monika Markiewicz - Cozumel Mexicoweeks ago, a passenger fell to his death from the Liberty of the Seas.  Two months ago a young cook was found dead on the Oasis of the Seas.  

This most recent death comes at a time when some cruise ships have pulled out of some of the ports in Mexico, citing concerns with crime.

Are you a crew member aboard the Allure?  If you have information about this incident, please leave a comment below. 

February 8, 2011 UpdateMexico, Cruise Ships & Crime Against Women

February 9, 2011 Update:  There are a number of articles which are confusing the names of the Royal Caribbean crew member, Ms. Markiewitz, with a cruise line passenger who also died in Mexico after leaving the cruise ship last Friday.  The Latin America Herald Tribune identifies the cruise passenger as Ms. Samantha Page Thomas.  This newspaper also indicates that Monika Markiewicz was also known as "Monica Warshal." 

February 10, 2011 Update:  A newspaper in Mexico also identifies the passenger and contains a strange explanation of events.  A press conference of the Mexican prosecutor is available on line.  Warning, the video contains graphic post mortem images of Ms. Thomas as well as a photograph of Ms. Markiewicz  face down in the water when she was found.  The prosecutor is quoted as saying that they were also reviewing the cruise ship's surveillance camera imges to see who the crew member was seen leaving the ship with or whether she may have gone overboard. 

A Mexican man was arrested today in Ms. Markiewitcz's death. Nelson Perez Torres, 24, who worked in a restuarant in Cozumel, reportedly confessed to hitting Monika Markiewicz in the head with a rock and then throwing her into the ocean.

Read our updated article:  Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

Resources:

Mexican Vacation Awareness

 

Photo credits:  

Top - Runekrem Flickr page

Bottom - AP Photo/Angel Castellanos

 

Princess Cruises Crew Member Arrested for "Sex Attack" Aboard Caribbean Princess Cruise Ship

The Bermuda Sun reports today that a Princess Cruises crew member has been arrested for what is described as a "sex attack" on a woman on a cruise ship.   The newspaper identifies Filipino Johnwill Reyes Abdon, age 40, as the crew member who allegedly committed the crime. 

The incident occurred on the Caribbean Princess, a Bermuda-registered vessel, on December 28, 2010.

Princess Cruises - Caribbean Princess - Sexual AssaultThe article does not mention whether the victim was a cruise passenger or another crew member.

Sexual assaults on cruise ships are not rare, as the cruise industry leads the public to believe.  We have attended five Congressional hearings since 2005 where Congress was provided with evidence of literally hundreds of incidents of sexual assaults on cruises. 

Cruise expert Professor Ross Klein studied cruise crime statistics provided to the U.S. Congress and concluded that passengers run nearly twice the risk of being sexually assaulted aboard a ship than they do on land.

We have written about rapes on Princess Cruises before in articles:  Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships and Princess Cruises Sexual Assault Trial Begins.

The unusual thing about this latest incident is that the police in Bermuda (where the ship is flagged) actually traveled to South Florida and arrested crew member Abdon, and then flew him to Bermuda to face the charges.  Getting the local police from the flag state to arrest crew members on cruise ships around the world is extremely rare. 

The trial will begin on March 7, 2011.

Cruise Law Featured on Cruise Radio

Cruise Radio is the most popular cruise related radio show in the world. 

Yesterday we were one of the guests on the radio show and discussed tips on how to stay safe on cruise ships.  

I discuss some tips to keep in mind if you cruise.  About keeping your kids safe.  About child predators on cruises.  About cruise crime.  About the consequences of too much alcohol on cruises.  About violence during Caribbean excursions.  Some disturbing info, no doubt. 

As the host mentioned, Walker "gave some brutal but honest facts. It's a great reminder" about cruise ship safety.

Take a listen here.   

More Caribbean Cruise Crime - Crew Member Shot in St. Marteen

The international press is reporting that Gahadhar Pradhan, a crew member (waiter) from P&O's Aurora cruise ship, was pistol-whipped over the head and shot during a mugging while ashore in Philipsburg, on the Caribbean island of St Maarten. 

We first learned of the incident via Crew Member Shot - Caribbean Violence - Cruise Shipone of our favorite cruise blogs by Captain Greybeard in the U.K. 

The crew member was shot in the buttocks, while apparently in an area consisting of "gentleman's clubs," which may tend to make the crime a tad tawdry or humorous depending on how you would like to view it.  

But a matter like this is deadly serious, particularly considering that the local police said "crew members from visiting cruise ships had been attacked on a number of occasions . . . "   This apparently was the first time a crew member had been shot. 

The best source for the story is a local newspaper in St. Maarten, which contains photos (left) of the crime scene.   

We have written many blog posts about violence, and murders, involving cruise passengers and crew members in the Caribbean islands -  Crimes in the Caribbean Cruise Ports of Call.   Just last week, NBC ran a story on the Today Show about crimes against cruise tourists in the Caribbean islands.  

  

 Photo credit:  St. Martin News Network

Cruise Crime: Three Crew Drug Arrests and a Closed Passenger Overboard Investigation

Today, two stories broke about cruise ship crimes issues.

The first story involved three Royal Caribbean crew members arrested for trying to smuggle drugs into Baltimore from the Dominican Republic via Royal Caribbean's Enchantment of the Seas cruise ship.   We have written a lot about passengers and crew members using cruise ships to smuggle drugs.  Earlier this year, passengers were busted for smuggling drugs on the Enchantment of the Seas.  Just last October, U.S. Customs officers seized cocaine and heroin aboard another Royal Caribbean cruise ship, the Serenade of the Seas, when the ship was docked in San Juan, Puerto Rico.

According to the Baltimore Sun, the latest drug deal involved three Royal Caribbean crew members - 35-year-old Gavin Excell and 27-year-olds John Swart Garth and Kishurn Neptune - who picked up heroin and cocaine in the Dominican Republic during a stop of the Royal Caribbean's Enchantment of the Seas.  Law enforcement arrested them after they delivered the drugs to a Walmart after the cruise ship reached Baltimore. The crew members are identified as working in the galley of the cruise ship.

The second story involved the FBI announcing that they have closed the investigation into the Jennifer Ellis-Seitz - Overboard - Cruise Ship - FBIdisappearance of cruise passenger Jennifer Ellis-Seitz, age 36. Ms. Ellis-Seitz went overboard from Norwegian Cruise Line's Pearl on Christmas Day in 2008. 

Two years ago Ms. Ellis-Seitz had cruised on a seven-day trip aboard the NCL cruise ship to celebrate her first wedding anniversary with her husband, Raymond Seitz Jr.,  Her mother also cruised with them.  By the time her husband reported her missing, there was an 8 hour delay. The Sun Sentinel newspaper reports that NCL searched the cruise ship for three hours before calling the U.S. Coast Guard.  A subsequent review of the cruise ship's surveillance video revealed her going overboard from the balcony of the couple's cabin.

There were many accounts in the media of suspicious circumstances surrounding the disappearance, including the NBC Today show carrying a story "Missing Woman’s Husband Acted Odd, Passengers Say."  The FBI was photographed inspecting the balcony where Ms. Ellis-Seitz went overboard.

But like most suspicious disappearances, the FBI investigation went nowhere.

The newspaper indicates that the FBI concluded its investigation with "insufficient evidence to prove any crime was committed," according to FBI agent Michael Leverock.

Cruise Law RoundUp - Cruise Fire Fallout, Business as Usual in St. Kitts, Spy Cruise Spooks, and Oprah Loses Her Allure

Another strange week in the world of cruising, with multiple stories about the cruise industry appearing in the main stream newspapers and on the major television networks.

Cruise Fire Fallout:  The Splendor cruise ship will be out of service until January 2011, meaning Carnival will lose revenue from over 20,000 passengers.  A Time Magazine blog blasted a harsh headline about the predicament with "Worst Cruise Ship Ever: Disabled Splendor To Ruin 20,000 More Vacations."  By my calculations, Carnival is facing around $50 million dollars in lost revenue over the next two months.  But stockholders don't worry.  The cruise line will eventually get every penny back from the Splendor Cruise Ship Fire - Cruise from Hell?manufacturers and designers of the Splendor's engine system.

Cruise Was No Nightmare:  Even though hundreds of local television stations and newspapers covered the "cruise from hell" angle of the Splendor fire, some optimistic passengers (with a sense of humor and a keen perspective) still had a decent time. Colorado residents Maggie and Ken Wildenstein commented "I think Carnival treated us very well" in a nice story in their local newspaper, The Fort Morgan Times, entitled "Cruise  Was No Nightmare."     

Cruise Ship Design Flaw?:  The Splendor was towed to a facility near 10th Avenue in San Diego for repairs to the engine room (article by KUSI News-San Diego).  The U.S. Coast Guard and the National Transportation Safety Board (NTSB) will be participating in the investigation into the fire, which is being conducted by the Panama Maritime Authority because, like all of Carnival's ships, the Splendor is registered in Panama to avoid U.S. regulations and taxes.  The local news station in San Diego questions how a single generator failure could cause a catastrophe with the vessel losing all of its power. Does the vessel have a design flaw?  The cruise ship's entire electrical systems should not have been damaged to such a degree.

Business as Usual in St. Kitts:  Two days ago, the tourism board in St. Kitts announced that the "cruise industry" would be sending "security consultants" to the island to investigate whether it was safe for cruise passengers to tour St. Kitts.  Today, a local newspaper announced that the cruise line Oprah Give Away - Free Cruise - Allure of the Seasexecutives pledged to return to the island - "No More Cruise Ship Cancellation to St. Kitts."  Well, that was a fast investigation by the cruise lines.  Although the local newspapers initially chose not to publish the name of the cruise ship involved in the robbery, they were quick to broadcast the names of the five banditos who allegedly robbed the passengers: Elroy "Stanny" Williams (age 29), Devon "‘X Man" Hodge (28), Grenville "Rogie" Rogers (20), Junior "Q" Sabratie (24), and Admenston Lewis (27) all local residents of Sandy Point in St. Kitts.  It's amazing how fast the local police can arrest suspects when an entire country's economy is based on the cruise industry.    

Oprah Loses Her Allure:  The week ended strangely with another Oprah give away, this time a "7-day cruise on the new largest ship in the world," Royal Caribbean's Allure of the Seas.  OK.  I admit it.  I am not a fan of Oprah, who seems rather duplicitous to me.  And Royal Caribbean has a well documented history of exploiting its crew members and the Caribbean islands for decades.  So they team up to give some free cruises for PR purposes to promote Royal Caribbean's newest Monstrosity of the Seas.  Sustainability anyone?   Two thumbs down.       

Spy Cruise Spooks (Kooks?):  Talking about strange, last month, I commented on a rather bizarre event scheduled for this week called the Spy Cruise where certain passengers on the Holland America Spy Cruise - Michael Hayden - Peter GossLine's Eurodam cruise ship can attend lectures and talks on espionage, spies, intelligence, and counterterrorism by speakers who are "intelligence experts, leaders, officers, operatives, analysts, authors and historians, many of whom served in the US Intelligence Community."  Well, a "National Security Reporter" for the Toronto Star, Michelle Shephard, sailed on the cruise this week. 

Ms. Shephard interviewed some of the top former spooks, like Michael Michael Hayden, former head of the NSA and CIA (photo left - is he showing how you waterboard a terrorist suspect?), and former CIA director Porter Goss (photo middle) about some serious subjects like "terrorism, tourism and torture."   By the way, nice cufflinks gentlemen!

Hayden, a supporter of waterboarding, dismissed criticism of the interrogation technique, saying "I don’t care . . .  This is a war . . . It’s about defense. It’s not about going through a judicial process.”  The Canadian reporter, Ms. Shephard, points out the incongruity of discussing ". . . waterboarding when seniors graze on buffets and younger, scantily clad passengers gyrate to a Cher tune nearby." 

Weird. 

 

Credits:

Wildenstein photo:   The Fort Morgan Times, Dan Barker, Times Staff Writer

Oprah and the biggest cruise cruise ship in the world:   Huffington Post

Spy Cruise photo:    Michelle Shephard of the Toronto Star 

Does the Cruise Industry Monitor Crime in the Caribbean Ports of Call?

The latest crime against cruise passengers in the Caribbean occurred this week in the lovely island of St. Kitts when a busload of tourists from Celebrity Cruises' Mercury cruise ship were jacked up at gun point by masked robbers during an excursion.  The passengers on the Celebrity cruise ship had sailed down from Baltimore thinking that they were going to an idyllic island paradise.

In the last year, we have seen cruise passengers robbed or killed in Antigua, the Bahamas, Jamaica, Mexico, Nicaragua, St. Lucia, and St. Thomas.   I have written articles about the high crime rates in many St. Kitts - Crime in the Caribbeanof the Caribbean islands frequented by cruise lines - Crime in Caribbean Ports of Call Against Cruise Passengers

The events which follow crimes like this unfold like clockwork.  The local tourism board proclaims that the crime is isolated.  The cruise lines pull out of the Caribbean port, at least temporarily, and divert their ships to other Caribbean ports which inevitably have experienced similar crimes against U.S. passengers.  The local police quickly make an arrest, even thought they probably wouldn't arrest anyone if the victim was a local resident as opposed to an American tourist.  And then the cruise lines return and off-load another 500,000 passengers a year with the hopeful don't-worry-be-happy assurances from the local Caribbean government officials and tourism members that everyone will be safe.

This script has been followed in this case, with Carnival and its subsidiary, Princess Cruises, temporarily pulling out of St. Kitts.  Princess is now calling on Antigua which has an even higher crime rate which includes a young American woman who was murdered ashore during a cruise on Star Clippers in January.  This is not lost on the tourism board of Antigua, as reflected in this article in a newspaper in Antigua - "Antigua to Benefit From Crime In St Kitts."   

But is anyone actually investigating the crime rates in these ports, rather than just flip-flopping from one dangerous port to another?  An interesting article from St. Kitts caught my eye early this morning - "Cruise Industry Security Consultants for St. Kitts to Check Safety of Passengers."  The article contains a quote from St. Kitts' Minister of Tourism:

"The Cruise Industry will be sending in two security consultants to do their own verification of what we have been telling them and to do their own assessments of certain areas. They will be hosted by the Security Forces and will meet with the relevant people to find out for themselves what the situation on the ground is and whether or not their guests are likely to be under attack constantly.”

So who are these mysterious cruise industry "security consultants?"  Unfortunately, the governments and local press in the Caribbean bend over backwards not to identify the specific cruise lines when passengers are victims of crimes.  We know that Carnival and Princess have pulled out, for a while, from St. Kitts.  Are these "security consultants" retained by Carnival?  The passengers who were robbed came from a Celebrity Cruises' ship.  Did Royal Caribbean, the parent company for Celebrity (which is still calling in St. Kitts), hire the consultants?   And exactly what are these security experts going to do?

One of the obligations cruise lines have toward passengers is to investigate the excursions and make certain that there are policies and procedures in place to protect the passengers.  Most of the time, the cruise lines do not vet the excursions or they conduct only a cursory investigation at best.  If the cruise industry is going to investigate St. Kitts, how about the Bahamas, Jamaica or Antigua which have a much higher crime rate and pose a greater danger to cruise passengers?

Is this really a legitimate security investigation by the "cruise industry?"  Or is this just a PR ploy designed to assuage the cruise passenger's fears about crime on this this impoverished Caribbean island and to keep U.S. dollars flowing to the billion dollar foreign flagged cruise industry? 

More Cruise Tourists Robbed, This Time In St. Kitts

The Observer in St. Kitts-Nevis is reporting that cruise passengers on a tour bus were robbed this morning, apparently during an excursion from a cruise ship  - "Busload of Tourists Robbed at Gunpoint." 

The robbery reportedly occurred in the Sandy Point area on the island.  A "local tour bus of cruise passengers had been robbed at gunpoint along the island’s main road as the bus made its way to Brimestone Hill."

St. Kitts - Cruise Tour Bus RobberyThe tour bus is identified as the "Caribbean Journey Masters tour bus," which was being driven by owner Urban Herbert at the time of the incident.  While the tour bus was heading towards a historic site, rocks and branches were strewn across the bus' path.  Mr. Herbert exited the bus to investigate, and the robbers threw a rock into the windshield of the bus. Two armed, masked men rushed from the bushes and entered the bus.

The newspaper reported that seventeen (17) passengers including an infant were aboard the bus at the time of the robbery.  The cruise passengers were robbed of their money, cell phones, jewelry and other personal items.  The police  released a statement that no one was physically injured.

As is often the case, the police did not release the name of the cruise line or cruise ship.  Local police and tourism bureaus in the Caribbean are very sensitive to bad press and avoid embarrassing the cruise lines on which they rely for the U.S. tourist dollar.   

It turns out that the passengers were from the Celebrity Cruises' Mercury cruise ship. 

The St. Kitts police / tourism people claim that crime like this is unheard of; however, another local newspaper SKNVibes reports in an article - "Tourists Robbed at Gunpoint Near Brimstone Hill" - that local taxi drivers state that this is nothing new and security needs to be improved, particularly when cruise ships arrive. 

I have written many articles about the high crime rates in many of the Caribbean islands frequented by cruise lines - Crime in Caribbean Ports of Call Against Cruise Passengers.  Consider the following articles in the last year alone: 

Antigua - Cruise Passengers Attacked & Robbed in Antigua While Cruise and Tourism Officials Meet and Passenger From Star Clippers Murdered in Antigua

Bahamas 18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the BahamasEleven Cruise Passengers Robbed in Nassau, and Cruising To The Bahamas - Is It Safe?

Guatemala - Norwegian Cruise Line Passenger Murdered in Guatemala  

Mexico -  Royal Caribbean and Norwegian Cruise Lines Pull Ships From L.A. Due To Crime In Mexico

St. Lucia - Norwegian Cruise Line Drops St. Lucia and 14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

St. Thomas - More Caribbean Crime - Carnival Passenger Killed In St. Thomas

 

Additional information: Tourism and Crime in the Caribbean  

December 3, 2010 Update:

"Visitors Warned About Safety in St. Kitts After Tourist Robbery"

Pimp Prosecutors and a Dinner Party of Dirt Bags

Nicholas Cowdery - Dianne BrimbleIts been eight years since Dianne Brimble died on the floor of a P & O cruise ship, in the cabin of one of the infamous "gang of eight" who likened Ms. Brimble to a dog with bad breath who they contemplated throwing overboard. 

Her tragic death was one of the stories which I wrote often about when I started this blog: 

Date Rape Drugs on Cruise Ships - the Death of Dianne Brimble   

"Crawfishing" - Passengers in P & O Cruises Death Case Can't Remember A Thing

Dianne Brimble and the Lessons to Teach Our Young Men

Hung Jury in Dianne Brimble Cruise Death Trial

Media and the Reporting of Cruise Crime Cases

Dragan Losic - Sakelarious "Charlie" Kambouris - Dianne Brimble This nightmare of a case, ending in no jail sentence for the man who gave Ms. Brimble the date rape drug GHB and killed her (or any of his dirt bag friends),  would anger even the most casual observer.  But the story seems to get worse and worse.

First, we have the prosecuting attorney Nicholas Cowdery (above left), a curmudgeon by any standard, who went out of his way to proclaim that " . . . the right outcome has been achieved, justice has been done . . ." following Justice Howie dismissal's of the manslaughter charges against one of the gang of eight.  Justice Howie then added to the injustice by not bothering to even reprimand the criminals, ignoring the Brimble family, and then chastising the media for its coverage of the trial. 

Just when you think matters cannot get any  worse, on the eight year anniversary of Ms. Brimble's death - four men of the gang of eight were seen out at a dinner party last night at a popular city restaurant in Australia, the House of Chow

Dragan Losic (photo right), Sakelarious "Charlie" Kambouris (photo right), Luigi Vitale, and Petar Pantic (all photographed 8 years ago, below) were reported to be "in an upbeat mood, laughing loudly, embracing and high-fiving each other as well as chatting in groups outside during repeated smoke breaks," according to AdelaideNow.com.

I don't know how the Brimble family survives these cumulative events. 

For me, I hope the partying dirt bags choke on their beef chow mein.  

 

Dianne Brimbe - P & O Cruises - Thugs

 

Middle photo credit:   AdelaideNow.com.  

Cruise Passengers: Have You Been A Victim of Crime In St. Thomas?

Our firm is investigating the tragic death of a young girl who was shot and killed while ashore in St. Thomas during a cruise.  This child was one of hundred of thousands of passengers who sail into this beautiful island each year without realizing that St. Thomas has one of the highest homicide rates in the world.  It's murder rate this year at the time of the young girl's death was 42 in a population of only 100,000.

Unfortunately, most cruise lines did not warn their passengers of the substantial dangers which exist on this island upon disembarking from the cruise ship.   

Here is our blog on this terrible situation:

More Caribbean Crime - Carnival Passenger Killed In St. Thomas

Have you been on a cruise and been a victim of a crime ashore in St. Thomas?

Are you a tourist robbed or attacked while visiting St. Thomas?

Do you know someone who was the victim of a violent crime in St. Thomas?

Please contact me - 305 995-5300 or send me an email - jwalker@cruiselaw.com

We need your help . . .  thanks!  Jim Walker 

Crimes in the Caribbean Cruise Ports of Call

I have written many articles about the high crime rates in many of the Caribbean islands frequented by cruise lines - Crime in Caribbean Ports of Call Against Cruise Passengers.  Consider the following articles in the last year alone: 

Antigua - Cruise Passengers Attacked & Robbed in Antigua While Cruise and Tourism Officials Meet and Passenger From Star Clippers Murdered in Antigua

Bahamas 18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the BahamasEleven Cruise Passengers Robbed in Nassau, and Cruising To The Bahamas - Is It Safe?

Guatemala - Norwegian Cruise Line Passenger Murdered in Guatemala  

Mexico -  Royal Caribbean and Norwegian Cruise Lines Pull Ships From L.A. Due To Crime In Mexico

St. Lucia - Norwegian Cruise Line Drops St. Lucia and 14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

St. Thomas - More Caribbean Crime - Carnival Passenger Killed In St. Thomas

 

Cruise lines have port agents in all of these destinations and are familiar with the crime which exists in these beautiful, tropical locations.  Do you think that cruise lines should warn passengers of the substantial dangers which exist in the ports they select to disembark their passengers?

Cruise Crime: Husband Arrested After Throwing Wife Overboard

The police in Hong Kong arrested a 47 year old passenger after he reportedly pushed his 43 year old wife overboard from the MV Macau Success cruise ship yesterday.

The cruise ship made an emergency call to police at 7:40 a.m. reporting that a woman had been pushed into the sea at 7:20 a.m.   The police sent rescue vessels to the scene and pulled the unconscious passenger out of the water at about 8:10 a.m.  She as pronounced dead shortly afterward. 

Macau Success Cruise ShipThe police handcuffed her husband took him to the marine department's regional crime unit, in Sai Wan Ho. 

The South China Morning Post quotes a police officer stating: "Initial investigations indicate that the woman was pushed into the sea from the deck close to the front of the casino ship. Witnesses have been located. Officers also arrested her husband on board the vessel in connection with this murder case."

A week earlier a Chinese passenger jumped from a cruise ship after losing several hundred thousands of dollars gambling on the ship.

Epilogue:  Professor Ross Klein's Cruise Junkie tracks cruise ship overboards.  There have been over 130 in the last decade.  Most do not end up with either an explanation or an arrest Ike this case. 

 

Photograph Credit:        MV Macau Success - South China Morning Post

Congresswoman Matsui and Laurie Dishman Take on the Cruise Industry

In July, President Obama signed the Cruise Vessel Security & Safety Act.  On the President's right side in the Oval Office was Sacramento resident and my friend, Laurie Dishman.  On his left side, Laurie's Congresswoman, Doris Matsui.

Laurie Dishman - Congresswoman Matsui - Cruise Safety Law The new cruise law involves a remarkable story about the bravery of Laurie Dishman.  Laurie went on a Royal Caribbean cruise in February 2006 to celebrate her 35th birthday and her long friendship with her childhood friend, Michelle.  But instead of a fun cruise, a janitor with prior complaints of sexual harassment who was working as a part time security guard sexually assaulted Laurie in her cabin. 

When Laurie reported the rape, the head of the security department came into her cabin and sat on the bed where the rape occurred.  He handed her a statement form to complete and left her in the crime scene.  When Laurie was finally permitted to see the ship doctor, he handed her trash bags and told her to return to the cabin and collect her bed linens as evidence. 

Royal Caribbean thereafter refused to provide Laurie with copies of her own shipboard medical records or provide her with the name of the cruise line employee who raped her. 

In response to this outrageous treatment, Laurie reached out to her Congressional representative in California, Doris Matsui.  Congresswoman Matsui answered Laurie's plea for assistance, and called for a Congressional hearing to investigate the problem with crimes like this on cruise ships.

Congresswoman Matsui Goes after the Cruise Lines

Congresswoman Matsui began an investigation into the cruise industry.  She did not like what she found.  Royal Caribbean would not initially even commit to installing peep holes in the passenger cabin doors.  But Congresswoman Matsui was committed to helping Laurie and she found a number of allies in the House of Representatives, like Ted Poe from Texas, who are strong supporters of victim rights.  A sub-committee was formed to look into Laurie's case and other similar sexual assaults.  The sub-committee invited Laurie to testify about her ordeal.  But the cruise industry pushed back and tried to strike Laurie as a witness at the Congressional hearing.  From the time of the crime until the last hearing, the cruise lines spent $11,000,000 lobbying against the legislation.

As you will learn from the radio show the "Travel Guys Radio,"  the cruise line tried to wear Laurie down, but Laurie traveled from California to Washington D.C. 21 times at her own expense to tell her story in support of the new cruise safety law.  She appeared on the major television networks, cable news, and radio stations - and was interviewed by newspapers throughout the U.S.  

The "Travel Guys" interviewed Congresswoman Matsui who describes Laurie's bravery and the problems other crime victims experienced on foreign flagged cruise ships ("the cruise line didn't help her at all .  .  . ").  The interview of Congresswoman Matsui starts at 10:20 and ends at 20:10

Click here to play the radio interview: 

 

Laurie Meets President Obama in the White House 

Four and one half years after the crime on the high seas, Laurie was invited with Congresswoman Matsui to the White House by President Obama to watch him sign the new cruise law into effect.

Congresswoman Matsui - Cruise Vessel Security and Safety ActLaurie's interview starts at 21:20 and ends at 30:00.

You can hear how Laurie went from a victim to a victim's advocate in order to protect others.  As Congresswoman Matui explains, "without Laurie Dishmans in the world this would not have happened." 

 

For information about the Cruise Vessel Security and Safety Act, consider reading:

Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4

Senate Unanimously Passes Cruise Safety Law

International Cruise Victims Celebrate New Cruise Safety Law in Washington D.C.

Cruise Vessel Security and Safety Act - Finally Making Waves   

A Cruise Defense Lawyer's Summary of the Cruise Vessel Security and Safety Act

 

Consider joining the International Cruise Victims organization.  Make a difference! 

Passenger Wrongfully Arrested On A Carnival Cruise Ship

A young couple's cruise over this holiday weekend did not end as planned.  When Paola Andrea Londono, her husband Daniel Holanda, and their 9-month-old baby returned to Florida onboard a Carnival cruise ship, law officials came to their cabin and arrested Ms. Londono.

After his wife was led from the cruise ship in handcuffs in front of thousands of other passengers, Mr. Holanda learned that his wife had been arrested on charges of prostitution and possession of drugs.

As CBS4 reports, Ms. Londono had never been in trouble and never arrested before. It turns out that the police confused her with another woman of the same name.  But the police did not bother to check anything other than her name.  The two women have different dates of birth, different social security numbers and live at different addresses.  They also do not look anything similar.  

As a result of the police's sloppy work, Ms. Londono spent two days in a detention center in Pompano Beach before she was released. 

As we have mentioned in other blogs, the names of passengers and crew members on the manifest of cruise ships are checked for outstanding warrants.  Sometimes, wanted suspects are  arrested before the cruise begins and sometimes at the end of the cruise - and sometimes not at all.  Three weeks ago, we reported on the arrest of a Carnival crew member, working as the manager of the Steiner spa on the cruise ship, who had been sailing in and out of U.S ports for years - Most Wanted Rape Suspect Arrested On Carnival Cruise Ship - Worked As Manager Of Onboard Hair Salon.   Kaloyan Kaloyanov was wanted on charges of raping a 15 year old child eight years earlier, but had worked for years on cruise ships.  He was arrested only after detectives from a city in California tracked him down.  U.S. Customs and Immigration officials in California, who are suppose to check the crew and passenger roster every time a ship enters a U.S. port, failed to realize that Kaloyanov was a criminal suspect - even though he was on a "most wanted" database of a city in California.    

It is disturbing to think that an innocent mother on a vacation cruise can be hauled of to jail like this, when a "most wanted" criminal rape suspect can avoid arrest on a cruise ship for 8 years.  It makes you question what type of security checks are really conducted on cruise ships.  

 

 

Story and video credit:  CBS4

More Cruise Ship Violence - A Drunken Brawl On Carnival's Dream

Last year I wrote a blog entitled "Cruise Ship Brawls - A Problem that Will Get Bigger with Bigger Ships" addressing the increasing violence on cruise ships.  I posted the following comments and questions: 

"Complicating matters is the huge amount of alcohol which the cruise lines sell to the passengers, which often leads to drunken brawls in the bars and discos and sometimes around the pools. It will be interesting to see how Carnival and the other cruise lines handle the "wider audience" flocking onto the larger cruise ships. If cruise ships are like cities and "stuff happens," what steps are they taking to protect U.S. families?

Will the cruise lines elect to hire a full complement of well trained and experienced Carnival Cruise Ship - Violence - Alcoholsecurity guards?  Or will they continue to try and save money with only 2 or 3 inexperienced "guards" trying to protect 2,000 or 3,000 passengers?"

Well, the answers to these questions may be found in YouTube videos which have surfaced regarding a brawl which broke out in the Caliente Club on Carnival's Dream cruise ship three weeks ago.

The August 12th fight was widely reported by the news media, including Professor's Ross Klein's Cruise Junkie which contained the following account from a passenger: 

"We were on the Carnival Dream sailing 08/07 to 08/14 and heard that a brawl broke out in the dance club around 3:00 a.m. on the morning of the 12th. We heard from passengers and a bartender that the brawl started over a song. It involved so many young people (men and women) that the security on board was unable to handle everyone and had to call in assistance from wait staff and other crew members. The fight spilled over into the art gallery located next door and apparently a $10K painting was ruined with blood spatter. Flat screen tvs were smashed and there was a lot of damage done. We heard that people on the ground were getting kicked in the head by men and women and that one person needed to be revived because he was hurt so badly. We also heard that the crowd spilled out of the dance club and that innocent people were getting punched in the face as they were walking by.

The next morning in Costa Maya there were a bunch of people (10 people) sitting by the side of the ship with all of their luggage as they were kicked off the ship and their relatives were shipped off to Mexican jails. Carnival needs to learn a lesson here and not serve alcohol after a certain time and perhaps shut down the 18+ dance club before 3:00 a.m. Nothing good can come of drunk teenagers at 3:00 in the morning."

An article in Florida Today "10 Cruise Passengers Evicted After Brawl" contained a rather understated PR statement by Carnival:

"A fight occurred on the vessel. It was broken up by ship's security and the cause of the fight was investigated which resulted in 10 guests being disembarked in Mexico . . .  The safety and security of our guests and crew is of utmost importance and we will not tolerate behavior that could put any of them at risk."

Carnival has a problem with way too much alcohol served on their cruise ships and way too few security guards to handle the unruly drunks.  Here are two videos of the fight.  

 

 

 

 

 

Video credits:    i008 YouTube

Photo credit:      Szymek S.'s Flickr photostream

Cruise Vessel Security and Safety Act - Finally Making Waves

The Washington Post has published an article about the new Cruise Security and Safety Act, written by veteran travel writer Christopher Eliott.  Mr. Elliott is a a travel consultant for MSNBC and a writer for National Geographic Traveler magazine and for the Consumer Travel Alliance.

The article was originally entitled " A Long Way To Go To Ensure Passengers' Safety On Cruise Ships."  The article has been widely re-printed in newspapers across the U.S.  The article below is a re-print bearing the new title " Finally Making Waves About Cruise Security."

The article contains some quotes from me, my client Laurie Dishman, the President of the International Cruise Victims association Ken Carver, and the President and Founder of the Rape Abuse and Incest National Network Scott Berkowitz.  Here is the article, unedited, which appeared in the Houston Chronicle newspaper:

Finally Making Waves About Cruise Security    

Cruise Vessel Security and Safety Act - Cruise Crime Maybe you don't think of a floating vacation as a dangerous activity — after all, the last headline-grabbing sinking of a cruise liner was that of the MS Sea Diamond, which ran aground in 2007 near Santorini, Greece; two passengers disappeared and were presumed dead.  The cruise industry also contends that it has an outstanding safety record when it comes to onboard crimes such as theft and assaults.

Just one little problem: The federal government doesn't require cruise lines to report these crimes in a meaningful and systematic way, so we have to take them at their word. And some passengers don't.

Laurie Dishman counts herself among them.  She alleges that a janitor on a Royal Caribbean cruise raped her in 2006.

"I felt humiliated," the marketing director for a winery near Sacramento told a congressional hearing the following year.  "I could not believe what had happened."  Dishman's riveting testimony exposed the shortcomings of cruise ship security, prompting her representative, Doris Matsui, D-Calif., to sponsor the new legislation.  "It became grossly apparent that current law was not protecting American passengers while at sea," said Mara Lee, a spokeswoman for Matsui.

The Cruise Vessel Safety and Security Act will address that problem by requiring cruise lines to report crimes promptly to the FBI and to post a link on their Web sites to a Transportation Department website listing crimes that have occurred on cruise ships.

"This will be the first time in the history of the cruise industry when a cruise ship is required to report a crime in international waters," said James Walker, a maritime lawyer based in Miami.  "The public can finally see the criminal database and determine which cruise ships have the highest crime rates."

Watch for more peepholes

Cruise lines will have to install peepholes in cabin doors and raise guard rails on many ships, and add on-deck video surveillance and an emergency sound system on all new ones.  The legislation also mandates better crime-scene response by requiring ships to carry rape kits and anti-retroviral medications and to have a trained forensic sexual assault specialist on board.

"In effect, passengers on cruise ships will start to obtain the same protection they would expect if they were at a resort here in the United States," said Ken Carver, the chairman of the International Cruise Victims Association, which advocates for victims of crimes at sea.

This law is undoubtedly a good start at regulating a business that has skirted many government regulations in the past. But is it enough?

I asked the Cruise Lines International Association (CLIA) about the measure, and the trade association sent me a surprisingly supportive prepared statement.  This regulation, it said, would bring "greater consistency and clarification to many industry practices and existing regulations," which include current requirements to report serious crimes to the FBI.

"The safety and security of our guests and crew is CLIA's number one priority," it added.

When I hear a trade organization that resisted this law nearly every step of the way talking like that, I can't help being a little skeptical.  (The cruise industry insists it cooperated.) So I asked Alexander Anolik, a former lawyer for several cruise lines who now practices in San Francisco, whether the Cruise Vessel Safety and Security Act holds water.

"It will make cruising safer," he said. "But it doesn't go far enough."

Safety at seaside

He'd like to see higher ship rails, for example. The law will require them to reach 42 inches above the deck, but they'd prevent more passengers from falling overboard if they were 54 inches.

Also, Anolik says the law should make more ships retrofit their cabins with essential safety features such as peepholes, security latches and time-sensitive key technology.

Anolik said cruise lines are probably unhappy with the legislation because, in his experience, they try to "make sure every crime is hidden."

It's hard for me to tell whether CLIA is being a dignified loser or whether it got some important concessions when the bill was being marked up. It probably doesn't matter.  Advocates for passengers see this as an important first step in improving cruise ship safety — not the last port of call.

Scott Berkowitz, the president and founder of the Rape, Abuse & Incest National Network, which supports the measure, said that he'd like future legislation to address legal jurisdiction when a crime is committed on a cruise ship.  "This can result in huge practical barriers to prosecution, such as requirements that the victim travel to another country — at his or her own expense — several times for hearings and a trial," he said.

But the law represents a critical and essential step forward, and Dishman says it will help others like her.

"If this law was in place when I was brutally raped, there would have been evidence for a prosecution and the assailant who raped me would not be free," she told me.

Royal Caribbean has said it has a "zero-tolerance policy regarding any criminal activity" on its ships, adding, "Any allegation of a crime is treated seriously and reported to law enforcement." The company reportedly settled a lawsuit with Dishman in 2008.

Still, cruise experts agree, laws can go only so far in protecting you.  Passengers should continue to pack their common sense when they go cruising, which includes taking practical steps such as securing valuables, drinking in moderation and staying away from a ship's dark corners.

Even with these new measures in place, and the possibility of future regulation, one thing seems certain: Just because the ship isn't sinking doesn't mean that it's safe.

 

Elliott is the ombudsman for National Geographic Traveler magazine and for the Consumer Travel Alliance, a new nonprofit education organization. His e-mail: celliott@ngs.org
 

Credits:

Article               Christopher Eliott, Washington Post,  Houston Chronicle

Photo                jimg944 Flickr photostream

A Cruise Defense Lawyer's Summary of the Cruise Vessel Security and Safety Act

Ever since the Senate and House passed the Cruise Vessel Security and Safety Act, the cruise industry and its trade organization, the Cruise Line International Association (CLIA) which spent millions of dollars vigorously opposing the new legislation, have minimized the ground-breaking new law. 

UK P & I Club - Cruise Vessel Security and Safety Act - Cruise Crime  So it was to my great interest and amusement today when a Cruise Law News (CLN) reader sent me a link to an article summarizing the new cruise law by a prominent defense lawyer for the cruise line industry.  California lawyer Lawrence Kaye authored an article entitled "Tough New US Regulations for Cruise Ships" in the UK P & I Club's newsletter.  (P & I Underwriters insure the interests of cruise lines and shipping companies).

What makes this article so interesting is that Mr. Kaye is one of the executive members of CLIA and testified before our U.S. Congress during the cruise crime hearings from 2005 - 2009.  He argued that there was no need for legislation and he advocated on behalf of CLIA to kill the crime bill. 

Mr. Kaye is one smart maritime lawyer.  We have argued cruise crime issues on television.  The cruise lines are lucky to have him as their advocate. He is equally skilled in summarizing the new law, which I have re-printed verbatim from the UK P & I Club's website, lest someone decide to delete it:

Cruise Vessel Safety and Security Act 

Lawrence Kaye - Cruise Vessel Security and Safet Act  The Cruise Vessel Security and Safety Act 2010, due to become US law very shortly, imposes substantial requirements on cruise ships carrying over 250 passengers on international voyages which embark or disembark passengers in any US port. They concern design and construction, medical facilities, passenger and crew information, training and measures to report and combat crime.

Non-compliance can result in denial of entry into US ports, civil penalties up to $50,000 per violation and criminal penalties up to $250,000 and/or one year’s imprisonment.

The Act’s requirements are set out by Lawrence W. Kaye and Andre M. Picciurro of Kaye, Rose & Partners in the latest issue of US Bodily Injury News, Published by Thomas Miller (Americas) on behalf of the UK P&I Club.

Design and construction standards. All cruise ships must meet certain design and construction standards within 18 months of enactment. Rails must be 42 inches above the cabin deck, 2.5 inches more than the US Coast Guard’s existing requirement. Passenger and crew cabin doors must have a “means of visual identification,” such as peepholes. Ships must be equipped with technology, if available, to detect persons fallen overboard, and with a video surveillance system to document crimes. In certain high risk areas, ships must have acoustic hailing and warning devices. All new-build cruise ships must provide latches and time-sensitive key technology on all passenger and crew cabin doors.

Information. Cruise ships must provide passengers and crew with a list of all US embassies and consulates in the countries they visit. Congress is discussing whether ships should provide all Cruise Safety - Cruise Ship Security - Cruise Lawpassengers with lists of medical and security personnel and law enforcement agencies in the jurisdictions visited.

Sexual assaults. For treating and examining persons alleging sexual assault, the Act requires cruise ships to have on board medications to prevent sexually transmitted diseases (e.g., anti-retroviral medications); equipment and materials for performing post-assault examinations; and doctors and/or registered nurses with appropriate experience/certification in emergency medicine.

Cruise lines should make available to the patient a confidential examination report, with cruise ship personnel only entitled to see findings which will assist the master or colleague to comply with safety and reporting laws; contact information for law enforcement agencies, including the FBI, US embassies and consulates; a third party victim advocacy hotline; and private telephone and computer access to contact law enforcement, attorneys or support services. Ships must implement regulations about which crew members have access to passenger staterooms and when.

Log book and crime reporting. Ships must keep a log book (electronic or otherwise), detailing complaints of homicide, suspicious death, missing US nationals, kidnapping, assault with serious bodily injury, sexual assault, firing or tampering with the vessel, and theft of property over $1,000. Ships must notify the nearest FBI office and send a report to the Secretary of Transportation about all such crimes (except for theft of property less than $10,000) in specific circumstances. These include where a vessel owner, regardless of his ship’s flag, is a US citizen; where an incident occurs within US territorial waters or on the high seas but involving a US national, whether victim or perpetrator; and where a US national is involved if a voyage embarks or disembarks passengers in the US, regardless of where the incident occurred.

The Transportation Secretary will maintain a public website to keep track of all such reported crimes for each cruise line whose own websites must provide a link to the Secretary’s.

Crime scene preservation. The Transportation Secretary is obliged to develop training standards and curricula for certification of passenger vessel security personnel, focusing “on the appropriate methods for prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment” within one year of enactment. Two years after such standards and curricula are established, cruise ships may only enter US ports if they have at least one certificated crew member on board.

Cruise Ship - Cruise Vessel Security and Safety Act

Larry Kaye has no doubt that this legislation is “a priority item for passenger ship operators. Upon enactment, the Cruise Vessel Security and Safety Act will immediately address the issues of crimes and missing persons on cruise ships by imposing medical care and security protocols on cruise operators. It also imposes a rigorous timetable for a wide range of mandatory design and operational improvements to those ships within a two-year period.”

Louise Livingston, who leads Thomas Miller (America’s) Bodily Injury Team, added: “This review of the latest legislative developments for cruise operators has widespread relevance. All UK Club members should be aware of the speed and extent of regulatory change that can arise from a combination of high profile incidents and the political lobbying that is associated with them.”

 

Credits:

UK P & I Club                    UK P & I Club

Larry Kaye, Esq.              Kaye Rose & Partners LLP

Freedom of the Seas    greenbriar DemocraticUnderground.com 

Cruise Rape - Is Royal Caribbean Up To Its Old Tricks?

A beauty therapist employed by Royal Caribbean reports that she was raped by another crew member, according to the Times Live newspaper in South Africa.   

The crew member, who is known by her first name, "Taryn," states that she was forced to leave the cruise industry after her ordeal aboard a cruise ship owned by Royal Caribbean International.

Royal Caribbean Cruise - Rape - Cruise Ship - Sexual AssaultThe newspaper indicates that she was raped by a fellow South African, a fitness instructor, and sent home after reporting the incident. 

"I believe they sent me home to hide the case and protect their reputation - they didn't care about my wellbeing  .  .  .  the easy part was to get over the physical rape, the hard part was, and still is, trying to convince myself that I did the right thing by reporting the incident, despite being made to feel like I was in the wrong, despite still feeling like no justice was done and despite having no one but my family and friends to support me emotionally."

After she reported the matter, the cruise captain told her: "There are two stories, his and yours, but his sounds more believable, because you had been drinking."

She said she was advised to drop the matter or face an FBI investigation.  After she decided to drop the matter, "I was given two hours to pack my bags and say goodbye."

Her case is being handled by another maritime lawyer in Miami who states that  " . . . some crew members, especially the captains and other senior officials, have been blackmailing female cadets and crew members to have sex with them or face a miserable life at sea."

The report of the rape is made on the eve of President Obama signing the Cruise Vessel Safety and Security Act which will require cruise lines to finally report all crimes which occur on cruise ships in international waters.  

We have reported many times about the high rate of rapes on Royal Caribbean cruise ships.  In 2006, Royal Caribbean hired a former high ranking FBI official, Gary Bald, to head up what the Gary Bald - Royal Caribbean - Rape - Friend or Foe?cruise line now calls its "Global Security Department."  The question is whether Mr. Bald and his new team of ex-FBI agents are genuinely trying to protect the passengers and crew and help build a case against the rapists which have targeted Royal Caribbean passengers and crew members.  

Or is this business as usual, with the cruise line intimidating the victim and the cruise line taking the rapist's side of the story?

You will many similar stories like this coming from a cruise line like Royal Caribbean.

Stay tuned. 

 

Consider some of our other articles:

What To Do If You Are Sexually Harassed or Assaulted on a Royal Caribbean Cruise Ship

Top Ten Reasons Not To Cruise: No. 1 - Cruise Lines Are A Perfect Place To Sexually Abuse Children

International Cruise Victims Celebrate New Cruise Safety Law in Washington D.C.

Yesterday evening, the International Cruise Victims (ICV) organization hosted a reception in Washington D.C. to celebrate the passing of the Cruise Vessel Safety and Security Act.

The reception was held in the Capital building and was well attended by Congressional leaders and their staff, members of the ICV, members of victim and rape crisis non-profit organizations, and the press. 

The highlight of the reception included the appearance of Congresswoman Doris Matsui (D - CA) who introduced the new cruise safety bill in the House of Representatives after her constituent, Laurie Dishman, was a victim of a violent crime on a Royal Caribbean cruise ship.  Congressman Ted Poe (R - TX) also attended and spoke at the reception.     

ICV President Ken Carver spoke to the group and chronicled the formation of the ICV and the struggle against the cruise industry over the past  five years to get the cruise safety law passed. 

Consider reading Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4 to learn more about the efforts to pass the new cruise law. 

Congratulations to Congress and the ICV members for their dedication and hard work!

Enjoy the photographs of the reception below:

 

  Congresswoman Doris Matsuit - David Fitzpatrick - Ken Carver

Above: Congresswoman Doris Matsui (CA - D), CNN's David Fitzpatrick, and ICV President Ken Carver.

Below: Ken Carver with former New York Times and LA Times Editor Douglas Franz.

 

Ken Carver - Douglas Franz

Below: Ken Carver and ICV members and supporters.

 

Ken Carver - Laurie Dishman - International Cruise Victims

More Caribbean Crime - Carnival Passenger Killed In St. Thomas

Lizmarie Perez ChaparroA 14 year Carnival cruise passenger was shot and killed today after arriving in St. Thomas aboard the Carnival Victory cruise ship.  Lizmarie Perez Chaparro was riding in a "safari bus" with her family when she was caught in the crossfire of a gang shootout.

According to the AP, the young girl and her family had sailed from San Juan on Sunday. Another cruise ship passenger sustained a minor injury during the shootout. Another person, not from the cruise ship, 18-year-old Shahid Joseph, was also shot and killed. Mr. Joseph was attending a funeral for another young man murdered last month. 

Governor de Jongh issued a statement indicating that the deaths were caused by gangs waging "street justice" to settle their differences.

The tourist bus was hit by gunfire on its way to Coki Point Beach. Although this is a destination advertised by the cruise lines for snorkeling and scuba, Carnival denies that this was a Carnival excursion.

Carnival Victory - St. Thomas - Murder - Lizmarie Perez Chapparro

St. Thomas has been a hot spot for crime, including violent crimes against tourists for many years. Cruise lines face liability for subjecting their guests to harm and not warning them of the risk of such violence. 

There is a local blog by the Big Kahuna discussing the tragedy and the problem with crime on the island. The blog mentions that the astronomical murder rate is 42 this year in a population of only 100,000.  One of the readers left this comment:  "This morning I sat on the balcony and watched the Carnival Victory sail into port this morning. Unknowingly,that ship was bringing a little innocent girl here to be murdered. That’s difficult to grasp, it’s haunting . . ."

Carnival PR person Jennifer De La Cruz said Carnival suspended all excursions to the beach. The Carnival PR people crafted a statement that the incident was "unfathomable" and the Captain of the cruise ship used the word "shocked."  These are code words for "not foreseeable," meaning the cruise line is denying that it is responsible for sailing its guests into a port with high crime and street violence.   

A wanted poster of the suspect is in the St. Thomas Source.  This newspaper also has an excellent article about crime in the Caribbean: "Drugs, Gangs and Guns Fueling Caribbean-Wide Crime Surge."

A letter to the passengers signed by Captain Salvatore Messina is below.

   

Lizmarie Perez Chapparro - Carnival Cruise - St. Thomas Passenger Death - Crime

 

June 13, 2010 Update:  The El Nuevo Dia newspaper in Puerto Rico is reporting that Ms. Chaparro's family was cruising to celebrate her upcoming quinceanera and her parents' wedding anniversary.  The cruise line PR people and the tourism officials are in overdrive, announcing that the murder is "isolated" and the islands remain a "safe destination for tourists."

June 15, 2010 Update: The popular USA TODAY Cruise Log has a blog: "Shooting death of cruiser in Virgin Islands comes as killings there soar." 

June 16, 2010 Update:  Virgin Islands Daily News has an article "Cruise lines warn passengers about Coki Point shooting," discussing how many cruise lines are warning p[assengers about crime in St. Thomas and suspending excursions to the Coki beach area.  Cruise Critic has an interesting article "Who's Responsible for Warning Cruise Travelers About Dangers in Port?"

June 18, 2010 Update:  "Heartache wrenches those who knew slain girl."

Were you on the cruise?  What are your thoughts about crime in St. Thomas and in other  Caribbean ports of call? Please leave a comment below . . .

We have written a number of articles about the high crime rate in the Caribbean ports of call in prior articles:   

Crime in Caribbean Ports of Call Against Cruise Passengers  

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas 

14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

Norwegian Cruise Line Passenger Murdered in Guatemala

Travel Writers and the Ethics of Reporting Cruise News

 

Credit: 

Photo    Lizmarie Perez Chaparro     Javier Rivera / END via El Nuevo Dia

Photo Carnival Victory cruise ship         bajan.wordpress.com

Photo Carnival letter   alexbrown96's tweetphoto   via  St. Thomas Blog by the Big Kahuna

Cruise Line Shills, Norovirus, and Murder on the NCL Jade?

This has been another exciting week in the strange world of the cruise industry.  I thought that I would spend this Friday recapping some of the interesting cruise stories this week.   

Cruise Shills?

CLIA - Cruise Line International Association - Cruise Shill The week started with the travel site Tnooz picking up our article Cruise Crime and the Indifference of Travel Writers and asking Are Travel Writers Shills For The Cruise Lines? 

A number of prominent travel writers, including Pauline Frommer of the Frommer Travel fame, left comments.  Ms. Frommer was right on point in discussing the provisions of the new cruise safety law, which will be signed by President Obama next week.  And she was gracious in thanking the International Cruise Victims for pushing the new cruise law forward over intense opposition by the cruise industry and its shill organization, the Cruise Line International Association (CLIA).  Other travel writers joined the debate, including a few cruise travel writers who could not help taking a cheap shot against our blog.

Royal Caribbean Norovirus

Readers of Cruise Law News continue to comment that Royal Caribbean is struggling with norovirus aboard its cruise ships.  There are 50 comments to our article Norovirus On Royal Caribbean's Jewel Of The Seas?  The last comment today reports that the Celebrity Constellation continues to have Cruise Ship Norovirus - Passenger Sicknessnorovirus on board, following the usual ill-fated last minute "additional sanitizing."

Stay tuned.  You will continue to hear stories of sick passengers - followed by "enhanced cleaning" - and then more sick passengers.  When will this cruise line release the test results of the potable water on its ships?  Tired of this cruise line always blaming passengers for not washing their hands?  Consider reading Cruise Ship Norovirus - Something in the Water?   

Murder on NCL's Jade? 

Several sources are reporting that a passenger was murdered aboard Norwegian Cruise Line's Jade cruise ship earlier this week.

Canadian sociologist and cruise crime expert Dr. Ross Klein and the ever gossipy Cruise Critic community published passenger accounts that a passenger murdered his wife on the Jade.   

Did it happen?  I don't know.  I hope not.  But NCL will never say.

NCL Jade - Norwegian Cruise Ship JadeThis is one of the classic problems with the cruise lines.  They are terrified of bad press so they sweep the bad news under the rug.  But when the truth comes out, they look like they are hiding the ball.  The new cruise law will address this issue.  Cruise lines will be required to report crimes at sea and also provide a link on their web sites to the crime data. 

When the new cruise law takes effect, the public can cut through the gossip and finally take an an accurate account of cruise ship crime.   

 

Were you aboard the NCL Jade?  Do you have information to share about the alleged murder? 

Were you aboard the Royal Caribbean Jewel of the Seas or the Celebrity Constellation?  How is the cruise line handling the latest bouts of norovirus? 

If you have some information to wish to share, please leave a comment below.

Royal Caribbean and Norwegian Cruise Lines Pull Ships From L.A. Due To Crime In Mexico

The Los Angeles Business Journal reports today that Royal Caribbean's Mariner of the Seas and NCL's Norwegian Star are pulling out of Los Angeles because of the increasing violence in Mexico. 

Royal Caribbean's Mariner of the Seas, which had been sailing on 7 day cruises to Mexico, will leave L.A. in January 2011, and will eventually home port in Galveston, Texas.

Cruise Ship Crime MexicoThe newspaper reports that the drug war in Mexico has caused nearly 30,000 deaths since 2007. Passengers on cruises to the "Mexican Riviera" have dwindled by 21 percent.

Norwegian Cruise Line also stated that it will no longer offer cruises to Mexico from Los Angeles after May 2011.  The Norwegian Star is relocating to Tampa, Florida.

The article quotes Cruise Industry News: “People are obviously concerned about the violence and justifiably so . . . they don’t want to get caught in the crossfire.”

Royal Caribbean is quoted saying that the decision to eave L.A. was part due to violence in Mexico and part an economic one: “We’re looking to maximize our profits . . . both Europe and the Caribbean are hotter tickets than the Mexican Riviera, and there’s a stable market out of Galveston.”

The economic factor the article discusses is that the cruise lines earn a lot of money income from shore excursions.  Some passengers fear getting off the ship.

I'm not sure how this is much different from the crime in many of the Caribbean ports of call.

 

Credits:

Photograph     Time

 

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Thanks!  Jim Walker   

Star Clippers Returns to Antigua Following Murder of Passenger

USA Today reports that Star Clippers is returning to Antigua.  This is less than five months after it dropped Antigua as a port of call following the murder of passenger Nina Elisabeth Nilssen. 

Star Cippers - Crime - Antigua We have written many articles about crime in Antigua and Ms. Nilssen's untimely death. 

The newspaper quotes Star Clippers' president Jack Chatham saying:  

"Star Clippers has been assured by the Antiguan government that they have improved security on the island, particularly in the areas where our guests visit."

hhmmnn . . .  not sure that I would make a decision solely on what a tourist dependent Caribbean official "assured" me.  

There is no mention of exactly what security improvements have in fact taken place to protect tourists.  The Star Clippers Blog contains no mention of this tragic case, nor any warnings of high crime in the Caribbean ports. 

Our article Travel Writers and the Ethics of Reporting Cruise News raises the issue of whether cruise lines, travel agents and cruise reporters are doing a disservice to the public by keeping them in the dark regarding crimes in the beautiful Caribbean ports of call.  

 

Credits:

Photograph     USA Today: "Should cruise lines pull out of Antigua in wake of murder?"

Cruise Lines Often Don't Report Crimes

A local ABC affiliate in Boston WCVB TV5 recently aired a special investigation into the issue of cruise ship crime: "Crimes On Cruise Ships Often Not Reported - Local Victims Hope Laws At Sea Change."

The ABC affiliate accurately concludes that cruise lines are not required to report crimes on cruise ships in international waters.  The consequences of having no legal obligation to report a crime means that there is no consequence when the cruise line does not report the crime - such as in the case of Merrian Carver.  

Ms. Carver "disappeared" from the Mercury cruise ship operated by Royal Caribbean's subsidiary Celebrity Cruises.  But Royal Caribbean did not report her missing and tried to cover the incident up.  ABC PrimeTime aired a special on this disturbing case "Cruise Cover Up - Cruise Line Doesn't Notify Anyone When Woman Disappears On Second Day of Tour."  

We have written many articles about the cover up by Royal Caribbean, and the fight by Ms. Carver's Angela Orlich - Sexual Assault - Cruise Victimfather Ken Carver who continues to advocate for the safety of cruise passengers and demand transparency by the foreign flagged cruise industry.     

The ABC TV5 investigation also focused on the story of our firm client, cruise passenger Angela Orlich, who was sexually assaulted during a diving excursion while on a Royal Caribbean cruise.  The program also touches upon the well known case of George Smith IV who died during his honeymoon cruise on Royal Caribbean's Brilliance of the Seas.  We represented Mr. Smith's widow, Jennifer Hagel.

After the story aired, the cruise industry's trade group, the notorious Cruise Line International Association (CLIA), complained on the station's web page that the story was "inaccurate."  CLIA George Smith IV - Missing - Cruise Victimclaimed that the story misled the public because U.S. law allegedly "requires cruise lines to report allegations of crime involving U.S. citizens no matter where the ship is in the world."  This is not true.  CLIA has no credibility and earned a reputation for bogus statements like this long ago.  Take a moment and read "Cruise Line Pravda" or learn about CLIA's dubious cast of characters here

In truth, there is absolutely no law requiring cruise lines to report crimes outside of 12 miles from shore.  

It also telling that CLIA took the time to complain about the news program, but didn't bother to apologize to Ms. Orlich or express sympathy to the parents of Ms. Carver and Mr. Smith who lost a child during a CLIA cruise. 

Unfortunately, such dishonesty and insensitivity characterizes CLIA and the cruise industry. 

 

 

 

 

Credits:

Video           ABC affiliate in Boston WCVB TV5

Cruise Ships and Crime in the Bahamas

TIME Magazine just published an article entitled Cruise Ship Port Call: Gauging Crime on the Bahamas. 

Time addresses the November 2009 armed robbery of cruise ship passengers during Segway shore excursions in Nassau, Bahamas.  Cruise Law News was the first one in the U.S. to report on the robbery in our article - 18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas.

TIME comments that "none of the passengers were injured, and all were compensated by the cruise lines."  Unfortunately, this is not true.  Several of the passengers were physically injured, being hit and kicked, and one of the robbers discharged his shotgun hear the head of a woman lying in the ground.  Many on the tour were emotionally traumatized.  No Royal Caribbean passengers were compensated for their injuries.

Aside from this inaccuracy, the article correctly concludes that crime is on the rise in the Bahamas and explains that tourists are now being targeted.   

The Bahamian government sent TIME statistics detailing crime against tourists in 2009, showing only one murder and 19 cases of armed robbery — 18 of which came in the single November Segway excursion robbery.  This statistics are incomplete.

The Bahamas did not tell TIME about another crime spree we wrote about - Eleven Cruise Passengers Robbed in Nassau.   We have also represented women raped in Nassau and are aware of other tourists robbed in Nassau.

Crime during cruises is an issue which neither the cruise lines nor the tourist dependent Caribbean islands like to discuss.  It's disappointing see the Bahamas tourism officials covering up the facts like this.

The Tourism Minister in the Bahamas recently took cruise line officials on a tour of the country to show that there are increased police patrols and closed circuit television cameras have been installed in areas of downtown Nassau.  The Nassau Guardian explains that tourism officials are trying to reassure the cruise line that it's sate to bring their guests to Nassau.  

TIME also mentions to "steer clear of Jamaica. Experts agree that it's currently the most dangerous country in the Caribbean."

Bahamas Crime - Cruise Passengers 

For other stories about crime in the Caribbean, read:

Cruising To The Bahamas - Is It Safe?

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

Crime in Caribbean Ports of Call Against Cruise Passengers

Bahamas Cruise Crime Nightmare Continues

Travel Writers and the Ethics of Reporting Cruise News

14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

Norwegian Cruise Line Passenger Murdered in Guatemala

 

Credits:

Newspaper article    bahamasuncensored.com

Passenger Files Lawsuit Against Costa Cruise Line A Year Late And In Wrong Courthouse

Leagle just published a decision from New Jersey which illustrates what can happen when a cruise passenger does not read the fine print in the ticket issued by the cruise line.

Costa cruise passenger Audrey Winograd sailed on the Costa Magica from Florida to the Dominican Republic.  While ashore in the shopping district of La Romana, several men with knives stole her passport, drivers license, credit cards, and other personal effects. 

Robbery - Cruise Passenger - Costa MagicaNearly two years after the robbery, Ms. Winograd filed suit in New Jersey seeking damages for physical and emotional injuries. 

The trial court dismissed the case because there is a one year limitations period in the cruise ticket issued by Costa. 

On appeal, the appellate court affirmed and held that even if the case was not subject to the one-year limitations, the passenger would still be required under to bring her claim in Broward County, Florida. "Such a forum selection clause in a cruise ticket contract is clearly valid. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 593-96, 111 S. Ct. 1522, l527-28, 113 L. Ed. 2d 622, 631-33 (1991)."

So it turns out that cruise passenger Ms. Winograd lost twice - first by being robbed in a Caribbean port and, secondly, by filing suit a year late and in the wrong courthouse. 

 

We have written about these issues in prior blogs:

Limitations Period:  Cruise Ship Statute of Limitations? - One Year for Adults! Three Years for Minors.

Forum Clause:  Cruise Ship Accident and Injury Law - Miami Florida - Forum Selection Clauses

Crime in the Caribbean:  Crime in Caribbean Ports of Call Against Cruise Passengers

 

Don't forget to subscribe to our blog by typing your email address in the box at the left, or sign up for our RSS feed.

 

Credits:

Costa Magica    commons.wikimedia.org (Daniel78)

Media and the Reporting of Cruise Crime Cases

In 2003, Mrs. Dianne Brimble (photo below) was smiling and waiving when she boarded P & O's Pacific Sun cruise ship with her daughter for a vacation of a lifetime.  Less than 24 hours later, she lay dead on the cabin floor of fellow Dianne Brimble - Smiling and Waving - Cruise of a Lifetimepassenger Mark Wilhelm who had given her the drug GHB.  When he was finished with her and Mrs. Brimble lay unconscious, Wilhelm walked naked into another cabin of women - wearing only a life vest.  As Mrs. Brimble lay dying, he did nothing to summons medical help - instead he tried to convince other women to take the drug.

The criminal inquest into Mrs. Brimble's death revealed a cruise ship out of control, filled with lots of drunken passengers and date rape drugs and little law & order.  Watch the video entitled "Ship of Shame" which we posted in a prior article about the P & O cruise ship.  The press covered the testimony of Wilhelm and his seven traveling companions, some of whom characterized Mrs. Brimble in sub-human terms, as an ugly dog with bad breath.  One of Wilhelm's cruise buddies even entertained the thought of throwing Mrs. Brimble's dead body overboard.      

But the seven year legal saga following Mrs. Brimble's death ended last week as all cruise crime cases do - with the accused defendant serving no jail time. 

The prosecution dropped the manslaughter charges against Wilhelm and, in exchange for the deal, he pleaded guilty to the criminal offense of giving Mrs. Brimble the drug GHB which led to her death.

When the judge presiding over the case, Justice Howie, dismissed the manslaughter charges against Wilhelm he did not direct any comments to Wilhelm.  Instead, he chastised the media, Mark Wilhelm - Dianne Brimble - GHB - Cruise Crimeaccusing the press of adding to a circus like environment filled with what the judge called "prejudice" and "hysteria.''  The judge went even further - saying that "little regard had been paid to defendant Wilhelm's rights by the publication of a series of photographs depicting his 'unsavory' behavior on the night Ms Brimble died," as reported by Australia's Sun Herald.  He criticized the media for subjecting the defendant to "rumors, misinformation, supposition and conjecture." 

And so it should come as no surprise that at the sentencing hearing last week, Justice Howie decided to let Wilhelm walk free - even though he possessed an illegal drug and supplied it to Mrs. Brimble and she died because of the illegal drug.  No jail time.  No probation.  Not even a stern lecture.  Instead, the judge expressed sympathy and concern for Wilhelm, given what the judge described as "years of public humiliation."  The judge again depicted Wilhelm as the victim, who somehow had been punished enough by the media's depiction of him.  

"Justice" Howie gave Wilhelm a "get out off jail free" card.  And Wilhelm walked free from the courthouse. 

And in so doing, the "Justice" system failed another victim of a crime on a cruise ship.

Results like this leave everyone questioning the legal system, particularly when criminal trials are presided over by judges with misplaced sympathies for the defendant's hurt feelings and little regard for the dead or the suffering of their families.  

In an article in Australia's Punch entitled "The Evil Men Do And The Courts That Ignore It," David Penberty discussed "the plodding nature of justice and the persnickety application of the law – all these things may conspire to ensure that no-one faces any genuine punishment over that fact that a woman was left for dead in a drugged stupor on the cold linoleum floor of a cheap cruise ship."

We have discussed the lack of justice on cruise ships in prior articles.  Criminals on cruise ships walk free and the victims are treated like criminals.  Consider reading Cruise Ships Are A Perfect Cruise Crime - Get Out Of Jail Free CardPlace to Commit A Crime, And Get Away With It! and If You Are A Victim On A Cruise Ship, The Cruise Line Will Treat You Like A Criminal.

Mrs. Brimble's case presents a particularly bitter pill to swallow given "Justice" Howie's decision not only to let Wilhelm walk free but to lecture the media for its coverage of the inquest and criminal trials.     

The injustice of the Brimble's case and Justice Howie's misguided attack on the media pose the question - what is the role of the media in covering cruise crime cases? 

Should the lesson of the Dianne Brimble case be that the press was somehow culpable for portraying defendant Wilhelm in an inaccurate light?  Should news reporters refrain from publishing embarrassing information or photographs which may cause "humiliation" to a criminal defendant?   

Or is the lesson to be learned that the criminal justice system is no "justice" system at all when crimes are committed on cruise ships?  And that it is only the media and probing reporters that bring the true Mark Wilhem - Dianne Brimble - Walks Freefacts to light?

Mr. Wilhelm should be humiliated by his conduct.  He is at least alive.  He took his life vest off, put some clothes on, and went home.  He has the rest of his life to enjoy.  But Mrs. Brimble is dead and buried.  Her family has nothing but their grief, for the rest of their lives. 

It is the obligation of the press in free societies to publish the facts of a crime and all of the attendant circumstances no matter how "embarrassing."  Especially when criminals on cruise ships are never convicted and the only true facts will be investigated and revealed by the media.      

 

Credits:

Dianne Brimble         thepunch.com.au

Wilhelm in life vest           Sydney Morning Herald

Wilhelm walking free            AAP - Tracey Nearmy via 9 News

"Danger On The Love Boat: Cruise Ship Crimes, Disappearances & Cover Ups"

For the past three years, I have written several hundreds of pages of stories about the cruise ship cases we have handled.  The cruise lines' skill, in engaging in an endless number of stunts and cover ups before judges and juries, our U.S. Congress and the American people, never ceases to amaze me. 

I have written these stories with an eye toward incorporating these experiences into a book about cruise ship crime.  We have represented over 70 victims of sexual assault on cruise ships.  Some cruise lines are nasty and other lines are even nastier regarding how they treat the victims.  A central focus of my writing has been the extraordinary steps taken by the cruise lines to keep the public from knowing the truth about what happens on the high seas. 

"Danger On The Love Boat - Cruise Ship Crimes, Disappearances, Cover Ups"®I have released tidbits of these stories as blog articles here on Cruise Law News ("CLN") to see if there is an interest.

So far, I have received a lot of encouragement.  Most recently, I received a nice recommendation via a #FollowFriday recommendation on Twitter from a very talented paralegal, Kristina Duncan, whose Twitter page is @legalninjaKris.  A reader to her blog made the following comment:

Mr. Walker’s series is a compelling presentation of cruising’s nasty underbelly.  It should be read by everyone considering a cruise, so they will be aware of the risks before signing a contract.  It is shocking to see how much support in law cruise operators have in defense of the outrageous behavior Mr. Walker documents.  There is an obvious need for serious legislation to deal with these issues.  I hope Mr. Walker will see his series titles as chapters in a much-needed book exposing cruise operator conduct to the American public.  Thank you for publicizing this informative series.

So with thanks to Ms. Duncan, I'll admit that a cruise book has been in the works for a while.  I have a commitment from a good publishing house. There are many stories that are not well known, yet.  Like the outrageous circumstances surrounding the "disappearance" of Italian crew member Angelo Faliva (photo above), as well as other equally disturbing crimes not yet revealed to the public.  The task now is to figure out which stories are the most compelling and to turn the manuscript over to the publishing company.  

I will donate 100% of the "profits" (if any) to a non-profit organization involved in cruise safety issues.  If no one buys a copy, I'll buy a 1,000 myself and pass them out to my friends and family - and then send the other 993 copies to whoever wants one!  

I hear that most publishing companies like to make the decision to name the books they publish.  We'll see if that happens.  I am struggling with the title.  I am thinking of: "Danger On The Love Boat: Cruise Ship Crimes, Disappearances & Cover Ups."®

The lawyers and support staff at Cruise Law don't like the title.  What so you think?

Contact me on the "Ask Jim A Question" box to the left, or leave a comment below, or call me at (305) 995-5300 with your thoughts.  I'll send a couple of free copies to anyone who can think of a good name for the book.

Thanks!  

 

Credits:       vascellor.it 

Reason No. 4 Not to Cruise: If You Are A Victim On A Cruise Ship, The Cruise Line Will Treat You Like A Criminal

This is reason no. 4 in the series:Top 10 Reasons Not To Cruise

The primary reason our law firm is in business is because cruise lines mistreat cruise passengers after they have been seriously injured or victimized aboard a cruise ship. 

Over 99% of our clients have never filed a lawsuit before, and probably over 50% of our clients don't like lawyers.  Most people who have been injured during a cruise are looking for a friendly face on the cruise ship to talk to and discuss a solution to their predicament.  The last thing a family from the middle-of-America who goes on a cruise wants to do is hire a lawyer in Miami to file a lawsuit for them.  Only frustration and a lack of respect by the cruise line motivates hard-working-Americans far away from Miami to pick up the telephone and call me.   

But we are contacted every day - every single day - by cruise passengers who have been seriously injured during cruises or who have been sexually assaulted.  The one thing we hear time and time again is - "I can't believe that they treated me this way after I reported what happened!"

It is bad enough when a passenger is seriously injured and the cruise line treats them like dirt.  We have seen this time after time.  The cruise line refuses to release the passenger's medical Cruise Ship Passengers - Crime Victims - Hogs Get Slaughtered? records, or takes away their wheelchair or crutches at the gangway and tells them to hobble down to the terminal.  Inevitably, once the injured passenger leaves the cruise ship, no one from the cruise line calls them to see how their ankle or hip surgery turned out.  And if they do, the best you can expect for even the most serious case is an offer of a discount on a future cruise.

Once you file suit, prepare for the cruise line to attack you.  The best example I can give you is a cruise line case highlighted in an article appearing in the National Law Journal entitled "Defense Team Found the Needle in the Haystack." 

The article explains that eight elderly cruise passengers from Cunard's Queen Mary 2 visiting Tortola were seriously injured when the brakes of the excursion truck failed, causing the vehicle to crash in the side of a mountain.    

Although the article explains that "odds were overwhelmingly against" the cruise line at the beginning, the cruise line defense lawyer successfully defended the case.  The cruise line lawyer explained his strategy, saying "there's a saying that pigs get slaughtered * . . . If you make them look like they're greedy . . .  that usually has an impact.  So we tried to paint them as greedy, exaggerating, malingering."  The tactic worked, as the jury decided against all of the cruise passengers and the cruise line won the case.    

Its even worse when a passenger is a victim of a crime.

Once a passenger reports a crime, the cruise line's officers contacts the cruise line's corporate offices, usually in Miami, and then the cruise line's risk management and legal department go into overdrive.  Incriminating evidence is not collected.  The security officers on the cruise begin taking statements designed to protect the assailant crew member's legal interests and the cruise line's Cruise Ship Rape - Crime Victims - Deposition Roomreputation.  Everyone on the cruise ship begins to work against the victim, to look for ways to make certain that the victim's case never sees the light of day. 

It is a dirty business.  Cruise lines thrive on it.

When a victim files suit, it gets worse.  Crime victims are treated like the injured, elderly Cunard passengers who the cruise line painted as "greedy pigs."   One cruise line defense firm deposes victims in a large conference room in the entrance of the firm (photo left), filled with cruise ship models, with floor to ceiling glass walls but no curtains or blinds - while lawyers, paralegals, and secretaries walk by the conference room all day long, gawking inside.  

Can you imagine if you were a rape victim forced to testify in the middle of such a glass bowl?

Yes, its rude, abusive, and demeaning.  I would be embarrassed if a lawyer at my firm acted like this.  But its exactly what the cruise lines want and expect.

The cruise lines treat their guests, once they are victimized, like criminals.  

And cruise lines wonder why they have such bad reputations.

 

* Actually, the saying is "pigs get fed, but hogs get slaughtered . . ."  

 

Tomorrow, we will discuss Reason No. 5 Not To Cruise: If You Are Retired Or A Child, The Cruise Line Considers Your Life Worthless

 

Credits:

Photograph            Maltzman Foreman P.A.

Reason No. 2 Not To Cruise: Cruise Ships Are A Perfect Place to Commit A Crime, And Get Away With It!

This is reason no. 2 in the series: Top 10 Reasons Not To Cruise

Imagine owning a business where one of your employees drugged and raped a patron.  What would you do?   

Would you interrogate the victim before calling the police?  Would you tape record the victim without her permission?  Would you demand that the victim prepare written statements before she could receive medical treatment?   Would you scramble your defense lawyers to the scene to look for a way to build a case against the victim?  Would you refuse to provide the name and address of your Cime Rocks The Boats - Cruise Ship Crimeemployee to the victim?  Would you work with your employee's criminal defense lawyers, and meet the assailant in jail, in an effort to help him win an acquittal at the criminal trial?   

Of course not, but this is exactly what happens on many cruise ships today.

Unlike airplanes with Federal Marshals, cruise ships have no police authorities aboard.  The few security guards on the ships are loyal to their employer who pays their salary - not to the passenger. 

When a crime occurs, the cruise lines first notify their risk managements departments and their defense lawyers.  If the closed circuit television (CCTV) tapes exculpate the cruise line, the cruise line keeps the tapes.  Otherwise, the CCTV images are invariably taped over, "lost" or the cruise line will claim that the CCTV system was not working.  The cruise lines will protect their own employee's legal interests - not the passenger's rights. 

In some criminal cases we have handled, the cruise lines did not bother to notify the FBI; in other cases, the cruise lines notified the FBI only after they destroyed evidence and sanitized the crime scene. The result is that criminals on cruise ships are rarely prosecuted.

In fact, some cruise lines have never had a crew member ever convicted of a sex crime or other felony.

Most crew members know that nothing will happen to them if they commit a crime on the ship.  Because there is no criminal accountability, there is no deterrence to crimes on cruises ships.  This is not my opinion, but the conclusions reached by security and sexual harassment experts who have studied the problem. 

In 1999, Royal Caribbean hired two top notch firms to study the problem of sexual assaults on the Royal Caribbean and Celebrity fleet of cruise ships.  The cruise line retained a consulting firm called "Sheridan, Swailes" to study the company's security systems.  Royal Caribbean also retained a nationally recognized expert on sexual harassment issues, Dr. Kay Krohne, who previously was a commanding officer at the Naval Training Station in San Diego. 

Kay Krohne - Cruise Sexual Assault - Cruise Sexual HarassmentAfter conducting an extensive analysis of the Royal Caribbean / Celebrity fleet, these experts concluded that sexual misconduct occurred "frequently" during cruises.  They attributed this problem to the fact that most crew members were not afraid of being arrested, much less convicted.  Dr. Krohne reported that the worst thing that could happen to a crew member who committed a crime on a Royal Caribbean or Celebrity cruise ship was to be sent on a one way flight home.

The experts concluded that male cabin attendants and bartenders were the most likely crew members to commit a crime.  The most likely location?  The passengers cabin.  The experts recommended a number of improvements, such as placing CCTV cameras in the passenger hallways, deactivating passenger cabin key cards used by crew members after working hours, and implementing steps to collect and preserve evidence to be used against the crew members at trial.  Without having a system in place that will result in crew members being arrested, the experts concluded that the crimes would continue.    

Unfortunately, when the executives at Royal Caribbean received the reports - they did not implement any of the recommended improvements.  Instead, they chose to tell the U.S. public that crime on cruise ships was "rare."  When a crime inevitably occurred, the cruise line then sent their defense lawyers to the next port to board the ship long before the FBI arrived. 

The result is that by the time the FBI arrives or the cruise ship returns to a foreign port, the evidence is long gone. 

In an article entitled "Crime Rocks The Boats," TIME Magazine addressed this problem.  TIME reported on troubling cases involving two of our clients - Janet Kelly who was drugged and raped during a cruise from Los Angeles to Mexico, and Jennifer Hagel whose husband George Smith IV "disappeared" from a Royal Caribbean cruise ship during their honeymoon cruise in the Mediterranean.  In both cases, the cruise lines scrambled their defense lawyers to the cruise ships and quickly began compromising the passengers' potential criminal and civil cases.  TIME raised the question why "only 7% of the 135 federal investigations into sexual assault over the past five George Smith IV - Missing - Royal Caribbeanyears were prosecuted.  Why were 93% of the cases dropped?"  TIME reported on the FBI's explanation, as follows:

"By the time we can get to [the victim and witnesses], a period of time has passed, people's memories change, they were intoxicated, or there is a lack of evidence because it was cleaned."

TIME addressed the problem of crimes on the high seas and the cruise industry's efforts to cover the problem up, and quoted me in the process:

".  .  .  the only authorities most cruise-crime victims can turn to are the ship's security personnel, who have a strong incentive to protect the industry's fun-in-the-sun image.  'The cruise line controls the scene of the crime, controls the witnesses, controls the evidence,' says Miami attorney James Walker, who represented Kelly.  'It's all being filtered through the company's risk-management department.'  Court documents seen by TIME back up that contention. In one case, a passenger who was examined on board for evidence of gang rape sued the cruise line after ship security, by allowing housekeeping to repeatedly steam-clean the carpet, failed to preserve the alleged crime scene.  In another case, a passenger accused of sexual assault testified that a ship security officer coached him to state that "no sex was performed by anyone."

TIME also quoted another maritime lawyer in Miami that cruise lines " .  .  . are silently working against the victim. They're busy trying to make sure criminal cases don't see the light of day."

The LA Times also discussed the lack of prosecutions of cruise crimes in a blockbuster article entitled "Cruise Industry's Dark Waters - What Happens At Sea Stays There As Crimes On Liners Go Unresolved."  The newspaper reported on the cruise industry's lack of candor to the U.S. Congress during hearings on cruise crimes and the cruise lines' under-reporting of such crimes.  During one of the Congressional hearings which took place from 2005 - 2008, Congressman Christopher Shays questioned whether the cruise lines are keeping some crimes off the books:

"There's a huge incentive to downplay any incident, to sail on .  .  .  Is going on a cruise the perfect way to commit the perfect crime?"

In the last two years, some cruise lines have changed their approach to handling shipboard crimes.  Royal Caribbean, for example, stopped sending trial lawyers to the cruise ships, but other cruise lines still do so.  Royal Caribbean now has a "Global Security" team, consisting of former FBI agents, which handles the investigations.  But the FBI never had a good record investigating cruise crimes in the first place.  Will this lead to a greater number of arrests and convictions - or is this just more of the same?       

Recent incidents suggest that the problem continues. 

In November of last year, an Italian chef, Angelo Faliva, "disappeared" from a Princess Cruises cruise ship after the ship left Fort Lauderdale.  Mr. Faliva, like George Smith IV, was a healthy, happy, energetic and well-liked young man with a bright future ahead of him.  But when he went overboard between Aruba and Columbia, the cruise line's crisis management team took center stage.  Princess claimed that it was "puzzled" and didn't know what happened - a claim considered to be dubious given the hundreds of surveillance cameras throughout the cruise ship.

Angelo Faliva - Missing - Princess CruisesThe "mystery" of Mr. Faliva soon resembled  the typical case of corporate malfeasance which has characterized the cruise industry.  According to the Faliva family, Princess Cruises refuses to cooperate.  

The case also illustrates the indifference exhibited by the flag state, in this case the country of Bermuda which is responsible for investigating and prosecuting criminals on Princess cruise ships which fly Bermuda flags.  It took two weeks before Bermuda bothered to travel to the cruise ship.  Like the Bahamas, Liberia, and Panama where the cruise lines register their cruise ships, Bermuda has done little to investigate the disappearance.  

There seems to be a "quid pro quo" in place.  In exchange for the hundreds of thousands of U.S. dollars paid by the cruise lines in registration fees, flag states like Bermuda will conduct no real investigation.  The cruise line is left to handle criminal incidents "internally."   The worst that happens is the offending crew members receives a one way ticket home.  The victim's family is left to deal with the cruise line's stonewalling and the flag state's indifference.      

Earlier last year, Bermuda refused to arrest a bar employee, aboard the Coral Princess cruise ship, who admitted raping an unconscious woman after a crew party.  Princess Cruises then flew the rapist from Seattle back to the Philippines with only a slap on his wrist. 

Where is Princess Cruises' self-admitted rapist today?  Is he working for another cruise line serving drinks to cruise passengers?   Did Princess notify Royal Caribbean, NCL, or its parent corporation Carnival about the rapist so that they would not hire a known rapist?

In the case of Janet Kelly, the cruise line flew her rapist (also a bar employee) from the cruise ship in Los Angeles back to his home country (Jamaica) after he drugged and raped her.  We learned that he then applied for a job with Princess Cruises which accepted him into its fleet of cruise ships.  He then freely interacted with the Princess passengers, who were unaware of his criminal past.

The current system of flying rapist crew members back to their home countries with no criminal accountability - only to be re-hired by another cruise line - is exactly the problem which Dr. Wunderwelt Wisen - Cruise Crimes and DisappearancesKay Krohne warned about over a decade ago.  It is a rotten and disgraceful practice.  Sexual predators are emboldened by the cruise line's malfeasance.  They will strike again.   

Given the work of victim organizations, like the International Cruise Victims, there is an increasing international awareness that cruise lines like Princess Cruises and Royal Caribbean frequently cover up crimes and work to make certain that mysterious "disappearances" remain just that - "mysteries."  

Just the other week, the German magazine "Wunderwelt Wisen" discussed the string of disturbing cases of passengers James Scavonne (Carnival), Dianne Brimble (P and O Cruises), Merrian Carver (Celebrity Cruises), Christopher Caldwell (Carnival), and George Smith IV (Royal Caribbean), as well as the recent disappearance of Italian crew member Angelo Faliva (Princess Cruises).

Under the title "Dream Boats," the magazine analogized a tourist who boards a cruise ship as someone going on a holiday into a small town without a police station, concluding that:

"Dream ships are perfect for the perfect crime." 

 

Tomorrow, we will discuss Reason No. 3 Not To Cruise: Carnival, Royal Caribbean And NCL Are Corporate Felons  

Do you have a comment?  Let us hear from you below.

Top 10 Reasons Not To Cruise

The popular on line cruise community CruiseCritic.com recently ran an article "Top 10 Reasons To Cruise."  By the time I read reason number 3 - "Cruise Ships are Family Friendly" - I was repulsed enough that I felt compelled to explain why the Cruise Critic article was dangerously inaccurate.

Cruise Critic published the photo (below) of the "family friendly' environment touted on cruise ships, with the photograph courtesy of Royal Caribbean Cruises.  Unfortunately, Royal Caribbean has by Top Ten Reasons Not To Cruisefar the worst problem with sexual predators of any line we have ever seen. Children have been targeted by sexual predators in child centers and raped after leaving the centers and trying to get back to the cabins.    

No parent would ever send their kids to a teen center or leave them alone in a cabin if they knew what this cruise line knows - that sexual assaults occur frequently on cruise ships.    

So here's the other side of the story - 10 Reasons Not to Cruise:

No. 1: Cruise Lines Are A Perfect Place To Sexually Abuse Children

No. 2: Cruise Ships Are A Perfect Place to Commit A Crime, And Get Away With It!

No. 3: Carnival, Royal Caribbean And NCL Are Corporate Felons

No. 4: If You Are A Victim On A Cruise Ship, The Cruise Line Will Treat You Like A Criminal

No. 5: If You Are Retired Or A Child, The Cruise Line Considers Your Life Worthless

No. 6:  If The Ship Doctor Kills You, Too Bad

No. 7:  Cruise Lines Exploit Foreign Crew Members, Like You'd Never Believe

No. 8:  Blackwater, Blackwater, Blackwater

No. 9:  Bunker Fuel - Nasty Tar Sludge!      

No. 10:  Cruise Lines Avoid All U.S. Taxes By Registering in Places Like Panama and Liberia.

If travel agents are going to hawk cruises by advertising all of the reasons why you should take your family on a cruise, trust us that we will provide you with the other side of the story. 

Make your own informed decision how to spend your vacation with your family.   

Tomorrow, we will discuss "Why Cruise Lines Are a Perfect Place to Sexually Abuse Children."

 

Credits:

Photograph          Royal Caribbean Cruises (via CruiseCritic.com)

Norwegian Cruise Line Drops St. Lucia

St. Lucia News On Line reports that Norwegian Cruise Lines (NCL) dropped St. Lucia from its 2010-2012 schedule.

The article states that NCL abandoned St. Lucia because of attacks on cruise passengers which occurred on three occasions while the cruise passengers were sight-seeing on the island.

St. Lucia - Crime - Cruise ShipsIt's about time.

Last December, we reported on out-of-control crime in St. Lucia, and the cruise line's failure to warn passengers:

14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

Crime in Caribbean Ports of Call Against Cruise Passengers

Most U.S. passengers do not understand the high rate of crimes against Americans in Caribbean countries like St. Lucia, Jamaica, Antigua and the Bahamas. 

Cruise lines face legal liability when they take passengers into dangerous locations and fail to warn them of crime, particularly during cruise sponsored excursions. 

Cruising To The Bahamas - Is It Safe?

The U.S. Department of State has issued a warning of dangers while traveling to the Bahamas, including sexual assaults on cruise ships in the port in Nassau:

Nassau Bahamas - Crime - Cruise Passengers"CRIME: The Bahamas has a high crime rate .  .  .  the U.S. Embassy has received reports of assaults, including sexual assaults, in diverse areas such as in casinos, outside hotels, or on cruise ships. In several incidents the victim had reportedly been drugged."  

This type of warning, although certainly warranted, is not what the Bahamas wants to hear.  Nassau is a preferred port of call for many cruise ships, which line up like cars in a crowded parking lot.  

Today's the headline in the Washington Post's travel section is also not what the Bahamas or the cruise lines which sail there wanted to hear: "Violent Crime Is Up In The Bahamas"  Here is a portion of the article:

"Bahamas-bound travelers, beware.

Crime in the popular tourist destination is on the upswing, especially on New Providence Island, where the capital city, Nassau, is located. And we're not talking just petty thefts or purse-snatching, but far more serious violent crime.

This island nation finished 2009 with a record 87 murders -- a statistic tourism officials probably won't be trumpeting in their next "It's Better in the Bahamas" ad  .  .  .

The criminal activity has prompted the operators of the world's largest cruise ship, Oasis of the Seas, to warn its passengers to "be mindful of their personal safety," the Nassau Guardian Senor Frogs - Nassau Bahamas - Alcohol - Sexual Assault newspaper reported  .   .   .

Some Bahamians attribute the crime wave to high unemployment (hovering around 15 percent on New Providence Island, according to the Guardian) and the nation's status as a gathering spot for drug traffickers."

We have warned passengers cruising to Nassau about crime for the past 6 months:

Eleven Cruise Passengers Robbed in Nassau 

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Bahamas Cruise Crime Nightmare Continues

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

The problem with crime in Nassau is real.  Many passengers let their guard down and think Nassau is safe for no reason other than the cruise line is sailing there.  But we have represented passengers raped in Nassau, passengers raped on cruise ships in the port in Nassau, and multiple passengers robbed in Nassau.   

A major problem is when young women go into Nassau and drink at the popular bars near where the cruise ships dock.  Many women have been sexually assaulted after leaving the bar even though it is a short distance from the cruise ships.  The cruise lines do not provide security at the port nor do they warn about the dangers of date rape drugs and sexual assaults while in Nassau.

The U.S. Department of State warns about young women being sexually assaulted after leaving the cruise ships in Nassau:  

"Visitors should exercise caution and good judgment at all times.  Engaging in high-risk behavior such as excessive consumption of alcohol can ultimately be dangerous as it greatly increases the vulnerability of an individual to accidents or opportunistic crime.  Visitors should not accept rides from strangers or from unlicensed taxi drivers."   

Nassau Bahamas - Crime - Cruise Passengers

 

Credits:

Oasis of the Seas - Nassau          Bahamas Press

Senor Frogs                                      Casch52 Flickr photostream

Cruise ships in Nassau                 Elenor Snow

Cruise Passengers Attacked & Robbed in Antigua While Cruise and Tourism Officials Meet

The Antigua Sun reports that two cruise passengers were attacked and robbed while ashore in Antigua yesterday after getting off a cruise ship. 

St. Johns Antigua - Crime - CruiseThe passengers were not identified but were described as a "British couple" who arrived in St. Johns yesterday.  They are sailing aboard the Fred Olsen cruise ship, Boudicca

The newspaper reports that the "daring daylight incident" occurred around 10:45 a.m. while the tourists were walking along Bay Street in the "Villa area" which is to the north of the St. Johns Harbour where the passengers disembarked. Three young men attacked the couple with "a piece of stick" and robbed them of a digital camera before fleeing. The couple was treated at the Mount St. John Medical Centre and then returned to the Boudicca.

Antigua's tourism officials already have their hands full following the highly publicized murder of Nina Elizabeth Nilssen who was killed in Antigua after disembarking from Star Clippers' Royal Clipper cruise ship.  This latest crime against a cruise tourist occurred while the executive members of the Florida Caribbean Cruise Association (FCCA) were meeting with the Cabinet of Antigua and Barbuda and the local Cruise Tourism Association regarding cruise ships porting in Antigua.  In an article entitled "FCCA Team Gives Advise to Tourism Stakeholders," the Antigua Sun Florida Caribbean Cruise Association - FCCA - Antigua - Crimereports that the tourism and cruise people were discussing, among other issues, a "Crime Stoppers" forum when the robbery took place.

Although the media was invited to the meeting, no one would comment on the crime against the cruise passengers. 

Antigua has received a lot of unfavorable press over the last year following high profile murders of tourists.  One year ago, an article entitled "Tourist Murders, Robberies Threaten Antigua's Struggling Tourism Industry" labeled Antigua as "death island."  The article quotes the President of the Antigua and Barbuda Cruise Tourism Association Nathan Dundas as stating ". . .  we have been asking for more security but all of our pleas seem to be falling on deaf ears."

Star Clippers recently announced that it would no longer stop in Antigua, due to concerns with crime.  Carnival stopped scratched Antigua off its itinerary last year, although it did not explain why.  Celebrity Cruises, Norwegian Cruise Line and Princess Cruises continue to make calls in Antigua.  

The cruise industry is big business in Antigua and Barbuda.  The Anitgua Observer newspaper reported earlier this month that cruise passengers spent around $48 million from November 2008 to April 2009, according to the FCCA.   

We have addressed the issue of crime against cruise passengers in the Caribbean ports of call in many recent articles:

Passenger From Star Clippers Murdered in Antigua

Eleven Cruise Passengers Robbed in Nassau

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Bahamas Cruise Crime Nightmare Continues

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

Crime in Caribbean Ports of Call Against Cruise Passengers

Norwegian Cruise Line Passenger Murdered in Guatemala

 

Credits:    

Photograph of St. Johns Antigua            Squidoo

Antigua tourism - FCCA meeting           ab.gov.ag (via eTurbo News - "Florida Caribbean Cruise Association meets with Antigua and Barbuda Cruise Tourism Association"

Antiguan Police Arrest Suspect in Death of Nina Nillsen

The police in Antigua arrested a suspect for the murder of Nina Nilssen who died January 19, 2010 after taking a tender from the Star Clippers' Royal Clipper cruise ship to Pigeon Point Beach.

According to a newspaper in Dominica, the police arrested a 24 year-old Dominican man, Tishara Daniel.  The Washington Post reports that the suspect was carrying Ms. Nilssen's camera when he was arrested. The newspaper also reports that the police have "what is believed to be the weapon" that killed Ms. Nilssen. 

Fox News reports that Mr. Daniel confessed to the murder.

Last week, Star Clippers announced that it will stop calling at Antigua.  Star Clippers chief executive officer Mikael Krafft announced that it will monitor the security situation in Antigua and evaluate the cruise line's options. 

Last year, Carnival dropped Antigua from its itinerary. We have reported in prior blogs that there has been a number of attacks on tourists in Antigua.

A video of the police's press conference (parts 1 and 2) announcing the arrest is below:

 

 

 

 

 

For information on this tragedy, we have the following articles:

Passenger From Star Clippers Murdered in Antigua

Travel Writers and the Ethics of Reporting Cruise News

Update on Death of Nina Nilssen - Royal Clipper Cruise

Controversy Surrounds Star Clippers' Response to Nina Nilssen Tragedy

    

Credit:

Police press conference                    Caribarena YouTube
 

Travel Writers and the Ethics of Reporting Cruise News

Cruise Law News was the first in the U.S. to report on the death of  Nina Elizabeth Nilssen in Antigua on January 19, 2010.  The story was then quickly picked up by our followers on Twitter, such as CruiseCritic and CruiseLog.

Stories about crimes against tourists in Caribbean ports, as sad as they may be, serve an important purpose.  Many people have a false sense of security when they go on a cruise for a vacation get-away or a romantic honeymoon.  But the fact of the matter is that unlike sailing to Alaska, there is an increasing amount of violent crime in the Caribbean ports of call.  We have written about this problem, and the cruise industry's tendency not to warn passengers, in a prior article: "Crime in Caribbean Ports of Call Against Cruise Passengers."

Royal Clipper - Star Clippers - Passenger Death - AntiguaIn researching Ms. Nilssen's death, I ran across an interesting blog written by Cynthia Boal Janssens who is one the bloggers on the cruise website All Things Cruise.  Ms. Janssens is described as a "veteran cruise writer who is also a former president of the Society of American Travel Writers."   

Ms. Janssens was one of the passengers traveling on the ill fated Royal Clipper cruise in the Caribbean.  She wrote an article which mentioned  the wonderful wedding of  Ms. Nilssen's sister after the Royal Clipper sailed from Barbados. She described later taking a tender to the marina in Falmouth Harbour in Antigua.  She walked with her husband to the Pigeon Point beach where Star Clippers held a barbecue for lunch, followed by swimming and snorkeling from the beach. In her article "We Spend Tranquil Days in Antigua and St Kitts But Tragedy Upset Everyone," she commented:

Unfortunately, we learned this morning that a tragedy occurred late yesterday on Antigua and although I really don’t want to write about it, I feel I must. A passenger from our ship was found killed on the beach late in the day (not the part of beach that our group was on). The young woman had last been seen at 3:30 p.m. after being part of a snorkeling group. Of course, we do not know who perpetrated the crime and the ship was in no way connected to this reprehensible act.

Her family disembarked the ship that night and sailing was delayed by several hours. Word spread quickly through the ship yesterday morning about the crime although few specific details were known until later in the day. Just before dinner an announcement was made that a family had disembarked because one of their party was missing and asked that any passengers with information should report it to the police. Then we were asked for a moment of silence. All in our group felt that the ship’s officials should have been more forthcoming.

Nina Elizabeth Nilssen - Murder - AntiguaI think that this incident reinforces a fact of travel that we should never forget. That crime exists everywhere . . .

I was surprised  to read this because most travel writers tend to shy away from cruise horror stories.  Travel writers seem to double as travel agents or they don't want to offend the cruise lines which give them free cruises.  I thought to myself that All Things Cruise had done its readers a real service.

The article touched upon a real human tragedy in a sensitive and respectful manner while adding a warning, which perhaps the cruise line failed to provide to Ms. Nilssen in the first place.

I downloaded her article and tacked it on the bulletin board in my home office. 

So when I clicked back on the All Things Cruise website this morning, I was disappointed to see that the article had been re-written.  And the title had been changed to "We Spend Tranquil Days in Antigua and St. Kitts."  There was no mention of Ms. Nilssen's murder or any criticism of the ship's officers. The "tragedy" disappeared.  It is as if the murder didn't happen. 

A "tranquil" day in Antigua? 

Dear God. A young woman had just been murdered and her family devastated. "A tranquil day?"

I do not know Ms. Janssens.  She undoubtedly is a nice and caring person.  But why did her story change?  Did the cruise line ask her to change it?  Why did she decide that the story that she felt compelled to write and her warning to cruisers were no longer needed?  

The cruise industry's reputation has taken a beating over the years. Cruise lines create the fantasy of care-free vacations and romantic honeymoons in order to sell tickets. But they lack transparency and candor when things go terribly wrong. Travel writers who ignore the murders, rapes, and violence in the Caribbean ports are not doing the cruise industry a favor.

And they are providing a grave disservice to the next unsuspecting family who decides to buy a cruise to the Caribbean. 

UPDATE (January 25, 2010 afternoon):

Ms. Janssens' article has reappeared and is now entitled:  "We spend tranquil days in Antigua and St. Kitts but these are overshadowed by the murder onshore of one of our passengers."  Ms. Janssens also indicates in her article that she will be writing about how the incident was handled by the cruise line.

UPDATE (January 28, 2010 morning):

I spoke to Ms. Janssens and she left a short comment (below) explaining the situation.  As it turns out, her publisher took out certain paragraphs of her blog without her knowledge. When she realized what happened (she had been traveing) she insisted that the information be re-posted.   

Credits:

Royal Clipper                 All Things Cruise

Police in Antigua          Antigua Sun  "Police Hunt for Killer"

Passenger From Star Clippers Murdered in Antigua

The newspapers in the Caribbean are reporting that a U.S. citizen from what is described as a "wedding yacht" was murdered in Antigua.

Nina Elizabeth Nilssen - Antigua - Falmouth - Murder - Star ClippersThe Antigua Observer reports that U.S. citizen Nina Elizabeth Nilssen, age 30, had been found in a desolate area of "Pigeon Point Beach" near the English Harbour / Falmouth area on Tuesday, January 19, 2010. 

Another newspaper, Caribarena - Antigua & Barbuda in an article entitled "Murder Update - another Tourist Murder," reports that "the woman was traveling aboard a yacht due to sail to neighboring St Kitts soon."  A comment to the article states that "there's now a sailing ship full of mourners instead of wedding guests . . .."  

In researching the commercial yachts and cruise ships sailing into Falmouth on January 19th and with a scheduled port the following day in St. Kitts on January 20th - factoring in what appears to be a wedding theme to the cruise - brings us to the Star Clippers company based here in Miami. Star Clippers operate three large master sailing yachts called the Royal Clipper and the sister yachts Star Clipper and Star Flyer.

The fact that none of the numerous newspapers initially reporting the crime identified the cruise line is not unusual.  Often the local newspapers do not wish to upset the cruise line companies calling on the local ports.  

This morning, a newspaper finally identified that Ms. Nilssen was a passenger aboard the Royal Clipper, which in fact is operated by Miami based Star Clippers.  The Antigua Observer reports that Ms. Nilssen had been sailing with her parents, an uncle and aunt, sister and brother-in-law.  The articles suggests that she walked on a nature trail while her family remained on the beach. Her body was discovered, the newspaper reports, "as the cruise boat was preparing to leave Falmouth Harbour. The vessel was forced to leave the family behind to continue its cruise to St Kitts." 

It is less than clear why the pleasure yacht was "forced" to do anything.  Leaving a family in a foreign port under these circumstances appears rather strange.

Star Clippers - Nina Elizabeth Nilssen - Murder - AntiguaWe last reported on the island of Antigua in an article entitled  "Carnival Drops Antigua Like A Hot Potato"  Carnival cruise line suddenly pulled its cruise ships from the island.  There was talk that Carnival abandoned Antigua due to its high crime rates. 

Antigua has had more than its share of murders of tourists visiting the island. 

Australian yacht captain Andrew Gollan was shot and killed in Antigua a year ago near this area. U.K. citizens Catherine and Ben Mullany were murdered in July 2008 during their honeymoon. There have been reports of other crimes, including murder and rapes. Trip Advisor reports on the incident with an article entitled "Another Tourist Murdered in Antigua."

Cruise ships face legal liability for not warning passengers of the danger of crimes in the ports of call which they select. 

Condolences to the family and friends of Ms. Nilssen.

We have reported on numerous crimes in the Caribbean ports of call:

Eleven Cruise Passengers Robbed in Nassau

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Bahamas Cruise Crime Nightmare Continues

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

Crime in Caribbean Ports of Call Against Cruise Passengers

Norwegian Cruise Line Passenger Murdered in Guatemala

 

Credits:

Ambulance Windward Bay      Caribarena Antigua & Barbuda

Sailing yacht    MSNBC and Star Clippers

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

Nassau's venerable newspaper, the Nassau Guardian, published two interesting headlines in its weekend edition.

Nassau Guardian

The first headline was "Oasis Makes Grand Arrival."

The second? "Record-Breaking Murder Count."

The newspaper reports that the arrival of Royal Caribbean's new mega-ship Oasis of the Seas brought out the Government of the Bahamas in great display. 200 government officials were in attendance as the Oasis arrived in Nassau Harbour. 

Oasis of the Seas - Nassau - BahamsPrime Minister Hubert Ingraham presided over a "Plaques and Keys" ceremony welcoming the cruise ship to the country.  The Prime Minister boarded the ship along with hundreds of government officials to meet and greet Royal Caribbean International President Adam Goldstein and the Master of the vessel, William Wright.

The newspaper also reports that the Bahamas Defense Force Band played with great fanfare, as it welcomed the 4,000 Royal Caribbean passengers into the country.

Perhaps it was only fitting that the Bahamas had a military band in attendance given the recent high profile robberies of cruise passengers.  29 passengers were robbed at gunpoint in Nassau in the last two months, including Royal Caribbean passengers who paid for cruise sponsored Oasis of the Seas - Bahamas Defense Force Bandexcursions. 

We have reported on this before in Bahamas Cruise Crime Nightmare Continues.  

The newspaper quotes the new Commissioner of Police, Ellison Greenslade, that crime in the Bahamas is at a significant and unacceptable level:

"This year our country has experienced one of the highest murder rates in its entire history. Individuals are now concerned because crime has crept into our number one industry [and] the lifeblood of our economy, tourism. The Royal Bahamas Police Force is mandated to act and act we must."

The Bahamas has invested heavily into its relationship with Royal Caribbean.  It just spent over $40 million dollars to dredge the port to accommodate the cruise line's new mega-ship. 

There are around 2 million cruise passengers a year who venture into Nassau, each spending at least $100 in addition to the head taxes. 

An article in the Bahamas Tribune entitled "Welcome Oasis" suggests that the number may be as high as 2.8 million cruise passengers who enter the Bahamas. Each cruise line collect tens of millions of dollars selling excursions into the Bahamas. 

Cruise tourism in Nassau is big business.  Hundreds of millions dollars exchange hands between the U.S. passengers, the Miami based cruise lines, the Bahamian government, and the local vendors in Nassau.

But If substantial monies are not wisely invested into additional and better trained police officers to protect the cruise tourists (not to mention the citizens of the Bahamas), the headlines of the Nassau Guardian may be:

"Crime Increases" and "Oasis Makes Grand Departure."   

Oasis of the Seas - Nassau Bahamas

 

 

Credits:

Nassau Guardian                              Nassau Guardian

Bahamas Government Officials      BIS photo/Derek Smith via The Bahamas Weekly 

Bahamas Defense Force Band      Robin Whachell via the Bahamas Weekly

Oasis of the Seas                               BIS photo/Derek Smith via The Bahamas Weekly

 

Crime in Caribbean Ports of Call Against Cruise Passengers

The Chicago Sun Times has an article today regarding the impact of crime against cruise passengers in the Bahamas.  The article is entitled "Sometimes, it's not better in the Bahamas - Armed robberies in Nassau have tourists, cruise lines on the defensive."

Better in the Bahamas?  Crime against Cruise Passengers The article is by a Disney cruise passenger, Carney Milne, who took the now infamous Segway tour into the 160 acre nature preserve called "Earth Village" last month.

Ms. Milne toured the preserve with eight other passengers from Disney's cruise ship, the Wonder.  Two hooded and armed gunmen forced her and the other passengers to the ground.  She vividly describes that she was "paralyzed by fear" as one gunman pumped his shotgun and later fired a warning shot as he robbed the passengers of their valuables.

The robbers then turned their guns on nine cruise ship passengers, from Royal Caribbean’s Navigator of the Seas, after they arrived on the scene riding their Segways.

After the robbery, the Bahamian police repeatedly told her that “this never happens in the Bahamas. Never.”  But after returning to the U.S., she learned that’s not true. She reports that "an almost identical mass armed robbery took place a month earlier at Queen’s Staircase, another popular tourist destination. Eleven cruise passengers were held at gunpoint and robbed of their cash, jewelry and other belongings."

We discussed the "Queen's Staircase" armed robberies in October - Eleven Cruise Passengers Robbed in Nassau.  No one else in the U.S. covered this brazen armed robbery of cruise tourists in downtown Nassau on a beautiful Sunday morning. 

The New York Times recently ran an story called "When Crime Comes to Paradise."  Written by Caribbean crimes against cruise passengers in ports of callMichelle Higgins in the Times' "Practical Traveler" section, the article suggests that crime is rising in Belize, Dominican Republic, Trinidad & Tobago, and St. Lucia. 

Just yesterday we reported on 14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

Again, no newspaper in the U.S. covered this story of cruise passengers being robbed while on a cruise sponsored excursion.

I was quoted today in the Chicago Sun Times article saying: "This isn’t random — these cruise tours are being targeted . . . you’re not going to be targeted for armed robbery as a cruise tourist on a ship from Seattle to Alaska. It’s more of a reflection of what’s happening in the Caribbean and the poverty that exists outside of the city limits, and people who are desperate for money.”

Now, the tourism boards in St. Lucia and the Bahamas are not going to be happy with stories like these.  But the fact of the matter is that 43 cruise passengers have been robbed at gunpoint in the last two months.

The Bahamas still sell t-shirts claiming that its "Better in the Bahamas."  And the cruise lines keep these crimes secret as they make hundreds of millions of dollars selling excursions to unsuspecting guests who are offloaded into increasingly dangerous ports of call. 

 

Credits

"Caribbean Crime and Violence"    Douglas A. Lawson

14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

The St. Lucia Star newspaper reports that on December 9, 2009, 14 "cruise ship visitors" and tour guides were robbed at gunpoint at a popular tourist attraction in St. Lucia. I learned of the incident Anse-La-Rayeon Professor Ross Klein's website "Cruise Junkie."

The incident occurred at the River Rock Waterfall in Anse-La-Raye.

The newspaper reports that 14 tourists had traveled in a tour to the waterfall.  They were in the process of boarding a "safari jeep," in preparation to return to the cruise ship. Four masked men armed with firearms and knives approached the cruise passengers and robbed them of their jewelry and cash.  One of the tour guides was physically injured. 

Anse-La-Raye is a beach village where fishing boats are pulled up on the beach by the main street next to rum shops and small restaurants.  The community is known for its outdoor "Friday fish fry" and Piton beer.  The Anse-La-Raye website describes the waterfall as the "perfect place to spend several hours in quiet reflection.  There is often a local musician strumming his guitar and singing soulful reggae numbers in a quiet salute to Bob Marley."

However, there are multiple accounts of violence in Anse-La-Raye as well as near the port.  A Anse-La-Raye fish frycouple of years ago, Canada's "Next Top Model" and her traveling companion were robbed in Castries, St. Lucia after walking a short distance from the cruise ship - "Model's Paradise Turns into Nightmare."  After reporting the robbery, the Canadian passenger complained that "both the local police and the cruise line offered little assistance or sympathy."

"I don't want this to happen to anyone else . . . I think the cruise ship should have warned us."

This sparked a heated discussion on the popular CruiseCritic site about crime in St. Lucia and whether the crimes were being covered up.

Earlier this year, four crew members from a private yacht Diamond Girl were robbed at gunpoint while hiking near Anse-La-Raye. 

In an article entitled "Caribbean Crime," Dockwatch (described as "the essential site for captains and crew") reports that crime on St. Lucia has sparked particular concern in the Caribbean. “The St Lucia government has ordered the police to take back the streets following the murder of six persons and an open threat from criminals to assassinate law enforcement officials,” said Edwin W. Carrington, Secretary-General of the Caribbean Community (CARICOM), in his opening remarks at the Conference on Youth, Crime and Violence in St. Kitts and Nevis last June.

Violence in Anse-La-Raye is also described in this YouTube video entitled "Talking crime in Anse-La-Raye:" 

 

 

We have discussed the legal liability of cruise lines when cruise passengers are robbed or murdered during excursions into ports of call in the Caribbean.  

Norwegian Cruise Line Passenger Murdered in Guatemala

Eleven Cruise Passengers Robbed in Nassau

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Bahamas Cruise Crime Nightmare Continues

St. Lucia is one of the regular ports of call for Carnival and Royal Caribbean cruise ships (shown below):

St. Lucia - Royal Caribbean cruise ship

 

Credits:

Anse-La-Raye & St. Lucia port (Castries) Julie Leigh of Oxfordshire LEA

Anse-La-Raye fish fry            canadianworldtraveller.com

YouTube video Anse-La-Raye crime    Salaison

 

U.S. Customs Arrest Rape Suspect Trying to Board Carnival Cruise Ship in Miami

Cruise Passenger - Rape Suspect - Arrested Before the CruiseYesterday, U.S. Customs and Border Protective Services arrested a rape suspect who had flown to Miami to go on a Carnival cruise aboard the Destiny.

The Georgetown Times newspaper reports that 32-year-old Tyrone Green has been on the run for two years after he allegedly brutally attacked and raped a 77-year-old woman in her home in South Carolina during the week of Christmas 2007.  But his freedom came to an end Monday when he tried to board a cruise ship in Miami yesterday.

Green was recently placed into the National Crime Information Center (NCIC) computers after evidence matched him to the scene of the Dec. 22, 2007 attack.  When the Customs agents checked Green’s name in the NCIC database, they realized that he was wanted in Georgetown for the rape.

The case is reminiscent of the arrest of another passenger who was arrested in Tampa earlier this year.

Cruise Passenger - Rape suspect - Arrested after CruiseSteven Mark Anthony Requena, 28, was arrested while on the Carnival Cruise Ship "Inspiration" at the Port of Tampa.

His name was flagged by a sweep of the manifest of passengers by Homeland Security officials who determined that the passenger was wanted for sexual assault in addition to assault with a weapon and forcible confinement. 

Unlike Mr. Green who was nabbed before he boarded the Carnival cruise ship, Requena was arrested after he cruised for a week.  The U.S. Marshals arrested him only after the cruise ship returned to port.

What was interesting about the Requena arrest was that the U.S. Marshall's office brought a photographer and videographer and filmed the rape suspect as he was forced to make a "perp walk" down the crew gangway and along side the ship.  The Tampa Tribune then blasted a headline "Breaking News: Marshals Arrest Rape Suspect at Tampa Cruise Terminal," complete with photos of the arrest.  

What a production!  Hey, don't get me wrong - our U.S. Marshals deserve the recognition! 

Perp Walke - Cruise Passenger - Rape SuspectBut the problem remains that arrests of rape suspects are rare on cruise ships.  You will never see a photograph or video of a cruise line employee who is accused of raping a passenger making a "perp walk."  

The cruise lines would never let that happen.

Our government does a pretty good job of arresting U.S. citizens trying to board cruise ships who are accused of raping a victim ashore, but a terrible job arresting rapists who attack victims on cruise ships.

   

 

Credits:

Tyronne Green     Georgetown Times newspaper, Georgetown South Carolina

Steven Mark Anthony Requena   United States Marshal's Office

Bahamas Cruise Crime Nightmare Continues

The fall-out from last Saturday's robbery of 18 Royal Caribbean and Disney cruise passengers on the Segway Tour at "Earth Village" continues.  The Tribune, Bahama Journal, and Nassau Guardian newspapers have reported daily Bahamas Triibune Newspaper - Cruise Crime on the crime spree in the Bahamas and the inability of the government to do anything about it.

Fort Lauderdale's Sun Sentinel newspapers also recently reported on the cruise crime in an article entitled "Bahamas Security to be Beefed Up After U.S. Cruise Ship Passengers Robbed."

A Terrifying Near Death Experience

The cruise lines' PR departments initially released statements claiming that no one was injured.

Yet, recent interviews of cruise passengers reveal that some of the passengers were kicked, pushed, hit, and terrorized. 

A Royal Caribbean passenger reported being kicked by one of the robbers who discharged his shotgun as she laid on the ground.  The passenger was terrified that she would be murdered.  In an article in the Nassau Guardian entitled "Visitor from Ireland Tells of Ordeal with Gunman,"  she described one of the robbers instructing her: 

"Get your head down bitch' and he fired off a shot, which was just beside me. It hit the ground just beside me."

Another passenger from a cruise ship provides a graphic first hand account of the robbery in an article on AOL Travel entitled: " Danger In Paradise: I was Robbed at Gunpoint in the Bahamas."  She indicates that the Bahamian  police falsely told her after she was robbed that " this never happens here. Never."

Connection to Last Month's Crime?

The Bahama Journal's article "Tourist Robberies May Be Linked," suggests that there may be a connection between this crime and the robbery of 11 cruise passengers at the "Queen's Staircase" in downtown Nassau.  If you have not heard of this prior crime, its because no one in the U.S. reported on it and the cruise lines kept it a secret from their own guests.

We reported about this robbery last month and commented that most cruise lines are aware of crime problems in the ports which they choose to disembark their passengers, but they don't  warn passengers in order to maximize excursion sales.

Inside Job?

The Tribune indicates that a representative of Bahamas Association for Social Health (BASH), Mr. Bishop Hall - Bahamas - Crime and ChaosTerry Miller (below, left) , suggests that the latest robbery may have been an "inside job," although he declined to elaborate.  It is obviously suspicious that these two robbers would know exactly where and when to go in a 160 acre preserve to rob two groups of cruise passengers. 

"Chaotic Crime Nightmare" 

A popular Baptist preacher in the Bahamas, Bishop Simeon Hall (right), was interviewed about the crime problem and the recent attack on the cruise tourists. He is quoted in the Tribune newspaper as referring to  the "current crime nightmare" in the Bahamas as well as the "anarchy and chaos" of the Bahamian society. 

He criticizes the inability of the government to focus on issues of protecting the local citizens and tourists against crime.  Bishop Hall proposes a crime coalition to address the problem.

Serious Crime Up & The Police Release A Suspect

Today's Nassau Guardian reports that robberies in the Bahamas have increased 25% since last year. The Bahamian police are quoted as stating that there has been an increase in violent crimes like armed robbery and murder since July 1st of this year. Meanwhile, the newspaper indicates that the police released a suspect arrested in the "Segway" cruise excursion because of "insufficient evidence."   Police are not questioning any other suspects, the newspaper reports.

A 50% Cruise Discount & A Complimentary Excursion Tour?

The Tribune quotes Bahamas government official Mr. Miller as saying that "he would be willing to Terry Miller - Earth Village - Bahamas - Crimeoffer a complementary tour of the site to the victims."   And the popular cruise community Cruise Critic indicates that Royal Caribbean thinks its reasonable to "compensate" the victimized passengers with just a 50% off-your-next-cruise-with-us coupon.    

The trend of violent cruise crimes continue.  Yet,  the cruise lines remain clueless.

Who on earth would want to pay even 50% of the cruise fare to return to Nassau and visit the tour where you were robbed by shotgun? 

  

Credits:

Newspaper    The Tribune, Nassau

Bishop Hall photograph    New Covenant Baptist Church

Terry Miller photograph   The Tribune, Nassau

 

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

The Tribune newspaper in the Bahamas reports that two men wielding shotguns robbed 18 cruise passengers who were on cruise sponsored eco-tours on Saturday. 

The passengers were from cruise ships operated by Disney and Royal Caribbean cruise lines.  They were part of two groups touring the "Earth Village," which is a preserve. 

The Nassau Guardian also reported on the brazen robbery and other robberies this past weekend in Nassau in an article "Multiple Tourist Robberies."

This was not a random excursion but was advertised and sold by the cruise lines and was in association Segway Excursion - Earth Village - Bahamas - Royal Caribbean - Disney Cruise  with a governmental organization called the Bahamas Association for Social Health's (BASH). 

The excursion was a "Segway excursion" where passengers would use the two wheel "Segways" into the 162 acre natural preserve. One of the robbers fired his weapon during the robbery and passengers were physically battered.

We have reported on other crimes in the Bahamas in a prior blog entitled: "Eleven Cruise Passengers Robbed in Nassau." 

Cruise lines have a legal duty to use reasonable care toward their cruise passengers and to warn them of dangers in the ports of call where they frequent, particularly when they promote and sell the excursions.  

We also recently blogged about a Norwegian Cruise Line Passenger Murdered in Guatemala during a private tour.

Below is an interview of the one of the cruise passengers robbed during the "Segway Tour," by Bob Arno who was on the Royal Caribbean cruise ship: 

 

 

Credits:

Segway Tours - Bahamas

Video - Thiefhunters in Paradise (Bob Arno interview)

What To Do If You Are Sexually Harassed or Assaulted on a Royal Caribbean Cruise Ship

Last night, a member of the one of the leading online cruise communities - CruiseCritic - contacted me about a cruise line passenger who had been harassed and battered by a cabin attendant in Royal Caribbean Cruise Ship - Sexual Harassment and Sexual Assault her cabin.  This was far from a rape, but it certainly sounds like something other than a "cultural misunderstanding."

Some of the CruiseCritic members supported the passenger and made some generally okay suggestions like call the cruise line and tell them what happened. But it was obvious that everyone online was basically just shooting in the dark.  Unfortunately, some of the members mocked her story.

Now a little background information may be in order.

No Pre-Employment Screening and the Cruise Lines Sweep Bad Conduct Under the Rug  

I have represented over 60 women and children raped or sexually molested on cruise ships over the past ten years. I have also represented six women who have appeared before Congress during hearings on crimes and unsafe conditions on cruise ships.  I am not talking about "harassment" but conduct which is criminal in nature and should land the perpetrator in jail for a long time.  When we sue the cruise line and obtain the cruise line perpetrator's employment files and conduct an investigation, we often find that there is virtually no pre-employment investigation before hiring crew members. Plus, we discover that after joining the cruise line, some of the crew members engage in what the cruise lines characterize as "minor" problems such as sexual comments or "inappropriate touching" by the crew member.  These early warning signs are sometimes ignored or swept under the rug. 

Profile of the Who, When and Where a Cruise Line Predator Strikes

In our experience, the crew member most likely to harass or assault a passenger is a male cabin attendant in his late 20's or early 30's.  And the cruise line where you are most likely to be harassed or assaulted?  Without question, in our experience, Royal Caribbean.  By far.  And the most likely time to be "hit upon?"  The last night of the cruise.  

So it was disturbing to hear that that the incident involving the CruiseCritic passenger involved - you guessed it - a cabin attendant on a Royal Caribbean cruise ship on the last night of the cruise.  Here is a portion of the passenger's account posted on CruiseCritic:

The Passenger's Account - Still Coming to Grips with What Happened

"My room steward came up behind my chair on our balcony and proceeded to put his hands on my shoulders, that's ok but when he ran them down the front of me, well that was not ok. I tried to not let it upset me, but I am still really bothered by this. We were 2 women traveling alone. I am in my late forties and very comfortable traveling solo. Unfortunately this really made me start to think, How safe is it really? I didn't want to make a complaint because it was our last night on the cruise . . . I know i will probably get the people telling me to get over it and that it is no big deal, and that is how I tried to look at it, But how safe is it for other women traveling alone with that steward . . .

Royal Caribbean - Sexual Assault - Cabin AattendantsHe was a big man and i was a little unnerved by his size. I just stopped his hands and didn't say anything. I know I am stupid for not reporting right away, but i just wasn't sure what to do. I had another incident occur on a Royal ship years ago with my then 11 year old son, where a fellow passenger hauled off and cold cocked him while he was at the kids club. The security really didn't do much about it, told his parents and told them to stay close to their son for the trip, but he was still allowed in the kids club and left unsupervised on the ship. Needless to say my son had a black eye throughout our vacation and the fact that security just didn't make sure that this other kid was allowed where my son was, was even more upsetting. Maybe that is why I didn't report him at the time for fear of security not really doing much . . ." 

This Is a Crime on Miami Beach - But Business As Usual on Cruise Ships  

If this happened in a club at South Beach, the bouncers would haul Mr. "Happy-Hands" outside and he would find himself face down on the sidewalk only to be hand-cuffed and hauled off in a squad car and end up being finger printed at the cop shop on Washington Avenue.  But on a cruise ship, its another matter. You are in the middle of the ocean with no police within a thousand miles.  A crew member is between you and your cabin door.  The balcony is behind you.  Women have disappeared on cruise ships.

In September 2007, one of our clients was featured in a Congressional hearing. Her Royal Caribbean cabin attendant was very attentive, too attentive.  This led to increasing aggressive behavior of "inappropriate talk" - to casual touching - to offers of champagne - to using his key card to enter her cabin at night while she slept in her bed - to raping her.

Royal Caribbean Knows They Have a Problem . . .

In another one of our court cases, we obtained an excel spreadsheet from Royal Caribbean (only after the Court threatened Royal Caribbean with a fine of $1,000 a day if it did not comply) listing the number of incidents of sexual assault and harassment on its cruise ships for a period a little longer than two and one-half years.  I know the data was incomplete, but it indicated that over 250 women were sexually harassed, assaulted or battered.  This reflects a real problem throughout the Royal Caribbean fleet.  A large number of the incidents occurred in the passenger cabins.  

. . . But Royal Caribbean Keeps the Passengers in the Dark

It is therefore additionally disturbing at this late date to think that a woman on a Royal Caribbean ship could be sexually harassed and battered (yes - a non-consensual, offensive touching is a criminal offense!) and yet the cruise line would have no published protocols to explain to the guest what to do and she would have to resort to a public plea for assistance.  It is equally discouraging that a large and well established cruise community like, CruiseCritic, would not have an online resource for its members to refer to to understand what steps they should take.    

Cruise Ship Crime Recently, a bill was introduced before Congress (HR 3360) which will require cruise lines to provide contact information for assault crisis centers. But the Senate has not voted on the bill yet.  As matters now stand, cruise lines continue to keep the passengers in the dark regarding what to so or who to contact in circumstances like this.

A Few Suggestions

So here are some suggestions when you are sexually harassed or, as some people understate, "inappropriately touched" on a Royal Caribbean cruise:

Head directly to the Purser's Desk.  Request to see the Security Officer, the Head Purser, the Staff Captain, and the Hotel Director.  Ask for their names and write them down.  Give your name, cabin number, name of the crew member if known, and a short statement of what happened.  Request that the cabin attendant be removed from his responsibility for your cabin. Demand that the cabin attendant's key card be taken away from him. Before you return the statement, ask for a copy.  Request the full name and employee number of the crew member. Ask for the email and telephone of the head of security for Royal Caribbean in its corporate headquarters and one of cruise line's in-house lawyers in Miami.  Ask for a telephone number or email to contact these individuals in Miami before you leave the cruise ship. 

Who to Contact After You Leave the Cruise Ship

If you leave the ship without making a complaint (about 40% of women are too upset, traumatized, or disoriented to report the incident on the cruise ship so don't beat yourself up) don't waste your time calling the cruise line.  You will be directed to a low level representative in the customer care department - the same people who take calls regarding lost luggage, or handle silly complaints about bad food or poor service.  You will be ignored or they will eventually call you back and offer you a 25% discount on your next cruise. You will feel worse after dealing with these knuckleheads.  You need to document what happened and demand that action be taken by the top security and executive leaders.  

Empower yourself!  Take control of the situation.

Send a letter to the President (Adam Goldstein) and CEO (Richard Fain) of Royal Caribbean at 1050 South Caribbean Way, Miami FL and send an email copy to the head of Royal Caribbean's security department Gary Bald (GBald@rccl.com) and one of the top lawyers at Royal Caribbean such as Tony Faso (TFaso@rccl.com).  Don't let them interrogate you without a lawyer being present.  Ask them to notify law enforcement and provide you with the telephone number and address of the FBI. Look up the FBI office closest to you and call and write them a letter.  

Keep your letter or email to the executives and the lawyer short and to the point.  And make certain that you write: "Submitted without prejudice.  Not to be used against me in a civil or criminal proceeding."

Royal Caribbean Cruises - Sexual Harassment and Sexual AssaultFollow up in writing and by email.  Don't let it drop until you are satisfied. 

Royal Caribbean claims that it has a "zero tolerance" program against sexual harassment.  The crew members are instructed never to touch a passenger.  This particular crew member and his wandering hands should be terminated.  Otherwise, he will become emboldened and his conduct will become more aggressive.   

Think of the Next Passenger Who Will Climb Aboard the Same Cruise Ship and Meet Your Cabin Attendant  

Remember - the male cabin attendant who sexually harasses you and touches you "inappropriately" is the one most likely to use his pass key and enter a woman's cabin at night.

Think of the next passenger who may be traveling alone on the next Royal Caribbean cruise or the child left alone in her parent's cabin when this cabin attendant enters under the guise of cleaning the cabin or making the bed.   

If the incident involves a rape, then call the Purser's desk and ask for the Security Officer to come immediately to your cabin.  Ask for medical treatment and request the Security Officer to lock and seal your cabin.  Ask for a telephone number for the FBI and a national rape crisis center such as the Rape, Abuse, and Incest National Network (RAINN)

Seven Questions to Ask Royal Caribbean Executives Regarding Oasis of the Seas

Twitter Cruise - #oasisAt this moment, the Oasis of the Seas is sailing with newspaper reporters, travel writers, cruise bloggers, and other cruise enthusiasts.  They are tweeting their observations on Twitter under the hashtag #oasis.

One of the tweters is @johnnyjet who has a nice travel portal called JohnnyJet.com.  He posted a photograph of the Royal Caribbean executives (below) answering questions on the cruise ship.  He also asked the Twitter Kingdom for some "good" questions to ask the Royal Caribbean "execs." 

Here are my seven questions. They pertain to issues I am interested in - the environmental effects of a cruise ship this large, and the safety and security of its passengers and crew members:

Royal Caribbean - Twitter Cruise - Safety and Environmental Questions1.  Does the Oasis of the Seas discharge wastewater/sewage (whether treated or outside 3 miles of shore or not) during the cruises? 

2.  If not, where does the cruise ship offload its sewage and waste?  In the U.S.?  Or in a foreign port?  And specifically which foreign port?  Nassau? St. Thomas? Falmouth? or Cozumel? 

3.  What happens to the waste and chemicals once offloaded from the ship?

4.  The LA Times reported that for a period of 32 months, there were over 250 incidents of sexual assault, battery, and sexual harassment against guests and crew members on Royal Caribbean cruise ships.  In light of these problems, how many security guards are employed on the Oasis of the Seas?

5.  How many security guards are assigned to the seven "neighborhoods" on the cruise ship?  Are there security "sub-stations" in each of the neighborhoods?

6.  How many security guards patrol the neighborhoods from 10:00 p.m. to 4 a.m., a time period we Royal Caribbean - Oasis of the Seas - Twitter Cruisehave found when female passengers are at a higher risk of being assaulted?

7.  Saturday Night Live joked about the Oasis of the Seas being being bounty for pirates. Whereas the thought of a pirate attack in the Caribbean may be silly, a large cruise ship like this could be a target of a   terrorist group.  Does the ship have a sufficient number of security personnel to not only protect the passengers from shipboard crime, but deter and fight off a terrorist attack?

Thank you for answers to these questions!         

 

Credits    

Top Photo      @johnnyjet  

Bottom Photo     Royal Caribbean Cruises, Ltd., a Liberian Corporation (via CruiseCritic)

Love Boat Waiter Acquitted of Sexually Assaulting Passenger

On Thursday, a Los Angeles Federal Court jury acquitted a headwaiter working for Princess Cruises of sexually assaulting a woman passenger during a cruise on the Coral Princess.  

Coral Proncess - Sexual AssaultA woman from Kansas City accused Princess Cruises crew member Jorge Manuel Teixeira (from Portugal) of sexually assaulting her during a cruise last March between Fort Lauderdale and Los Angeles, while the ship was at sea off the coast of Mexico.

Another Cruise Crime At Sea Goes Without Justice?

The daily Breeze newspaper has done the best job reporting on this case starting with "Crewman Arrested in Sexual Assault."

According to the FBI, the Princess crew member invited a 42-year-old passenger to share a bottle of wine and then attacked her.  He was charged with a federal count of aggravated sexual assault.  The 17-page FBI affidavit that describes the crime and a 100-page transcript of the crew member's interview with two FBI agents are available on line.

Unsafe On The Love Boat? 

As we have reported in the past, there is a problem with sexual assaults on cruise ships, including the Carnival owned Princess Cruises and its sister company P & O Cruises.  We have commented on this problem in prior blogs - Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships and Sexual Assault Reported on P & O Cruises' Pacific Sun Cruise Ship.

Coral Princess - Sexual AssaultArrests of sexual predators on cruise ships are rare, and criminal prosecutions and convictions are somewhere between slim and none.  Cruise lines often help defend their crew members behind the scenes, in the hope of avoiding the stigma of one of their crew members going to jail. 

No Jail Time - Business As Usual For Sexual Assailants on Cruise Ships

The Daily Breeze reports that the lawyer for the Princess Cruises waiter told the jury that the passenger had retained a lawyer and had a lawsuit pending against the cruise line.  This is the type of information routinely released to the assailant's lawyer in order to taint the trial and prejudice the passenger who is victimized.  

 

 

Credits:

Coral Princess        Barbara Bagnell (via National Post)

Coral Princess Logo       Brad Graverson / Staff Photographer of the DailyBreeze.com 

Congresswoman Matsui Advocates For Safety Aboard Cruise Ships

The success of the Cruise Vessel Safety and Security Act of 2009 (HR 3360) can be traced directly to Congresswoman Doris Matsui of Sacramento California.

Congresswoman Matsui's constituent, Laurie Dishman, called upon her three and one-half years ago after Ms. Dishman was a victim of a crime on a cruise ship operated by Royal Caribbean Cruises. 

We have discussed Ms. Dishman and Congresswoman Matsui in prior blogs - Congress Passes Cruise Crime Law and Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4

The following video is of Congresswoman's comments on November 17, 2009 shortly before Congress passed the cruise crime law: 

 

 

 

Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4

The House of Representatives passed the Cruise Vessel Security & Safety Act (HR 3360) today. This cruise bill was previously part of the Coast Guard Authorization Act of 2009, but was voted on today as a 'stand alone" bill to speed up its enactment.  

Elijah Cummings - Cruise Safety LawCongress approved the bill by a resounding vote of 416 to 4.

A number of "All Star" Congressmen and Congresswomen spoke at the hearing today.  Here are the highlights of this historic event:

Cruise Ships - "Floating Pieces of Other Countries" - and the Need for  U.S. Laws to Protect Americans 

Congressman Elijah Cummings (D-MD) explained the problem of a lack of accountability of the foreign flagged cruise ships which become "floating pieces of other countries" once the ships are outside of U.S. waters. He recognized the need for cruise lines to adopt reasonable safety measures to protect U.S. passengers.  Some of the measures are simple and a matter of common sense, such as the Doris Matsui - Cruise Crime Law requirement that all doors be fitted with peepholes so that passengers inside cabins can determine who is outside of their doors.  Congress was previously provided with testimony of passengers who opened their doors and were raped by crew members. 

Other safeguards include the requirements that cruise ships maintain supplies of anti-retroviral medications for rape victims (to prevent HIV / AIDS) and employ trained personnel to collect and preserve evidence following sexual assault.  Cruise lines are also required to report sexual assaults and other crimes to the F.B.I. and U.S. Coast Guard and maintain a link to this data base on the cruise lines' websites.  This last measure is important because cruise lines have a well deserved reputation for concealing cruise crimes from the public.  

A Cruise Victim's "Courage, Conviction & Dedication"           

Congresswoman Doris Matsui (D-CA), who introduced the crime bill, thanked her constituent (and our client) Laurie Dishman for her "courage, conviction, and dedication" after she was raped aboard a Royal Caribbean cruise ship.  Ms. Matsui explained that after the crime, the cruise line provided no assistance whatsoever to Ms. Dishman in securing the crime scene, or John Shedagg - Cruise Crime Lawidentifying the attacker, or in prosecuting the crime. The ship doctor gave Ms. Dishman a trash bag and told her to return to the crime scene and collect the evidence herself.  Congresswoman Matui characterized the need for the cruise crime bill as "urgent and necessary." 

Cruise Line "Outrageous Conduct and Callous Disregard" 

Congressman John Shadegg (R-AZ) spoke of the "terrible story" of Merrian Carver who disappeared on a Celebrity cruise ship. Although this is any parent's worst nightmare, Celebrity's parent company Royal Caribbean tried to cover the disappearance up and then labeled it as a "suicide."  (We have commented on the cruise industry's nasty habit of claiming all "disappearances" are "suicides" in a prior blog "Suicide" - One of the Cruise Lines' Favorite Excuses When a Passenger Disappears at Sea)  

Congressman Shadegg described Royal Caribbean's conduct of obstructing the efforts of Ms. Carver's parents to find out what happened to their daughter as "outrageous" and exhibiting "callous disregard."  He urged the adoption of the cruise law to protect other families who lose loved ones on the high seas.  A video of Mr. Shadegg is below.

"Disturbing & Startling" Large Number of Cruise Ship Crimes

Congressman Ted Poe (R-TX) criticized the cruise industry for concealing the large number of shipboard rapes.  He mentioned a "disturbing and startling" article in the LA Times ("Cruise Industry's Dark Waters") which revealed  that in a period of only 32 months Royal Ted Poe - Cruise Crime LawCaribbean had over 250 incidents of where cruise victims were sexually assaulted, battered or sexually harassed. (Our firm handled the case where a Court in Miami ordered the cruise line to reveal this information under a threatened sanction of $1,000 a day).   

Congressman Poe discussed Ms. Dishman's case where Royal Caribbean did nothing to assist her but sent her a letter after the rape thanking her for her business and enclosing a discount coupon for a future cruise!  He recognized Ms. Dishman for exposing the "atrocities" on this cruise line's fleet of cruise ships.

Cruise Ship "Culture of Indifference" Toward Victims

Congressman James Oberstar, the Chairman of the Transportation and Infrastructure Committee, also thanked Ms. Dishman who overcame her "terrible experience" with Royal Caribbean, found the "courage to testify" before Congress regarding her ordeal, and was "determined to see justice done."  He praised her for working to change "the culture aboard cruise ships of indifference" toward  crime James Oberstar - Cruise Crime Lawvictims.

On to the Senate!

The next step toward protecting the cruising public is a vote in the Senate.  

Great thanks for the tireless dedication of the International Cruise Victims ("ICV") organization for supporting the introduction of this cruise safety bill!

Want to get involved in the ICV?  Contact the ICV's President Ken Carver kcarver17@cox.net

We have ordered the C-SPAN coverage of the hearing today and will be posting the ventire ideo in the next week.  Below is the video of Congressman Shadegg's comments regarding the daughter of one his constituients, Ken Carver:   

 

Norwegian Cruise Line Passenger Murdered in Guatemala

A 73-year-old cruise line tourist died after being shot by robbers in Santo Thomas de Castilla.  The Latin American Herald Tribune identified the victim as Paul Wolfgang Ritter.  There has been some confusion regarding his nationality, as different newspapers identified him as either a Dutch or German tourist.

Mr. Ritter was a passenger aboard a NCL cruise ship.  Although the name of the ship was not mentioned, NCL has two cruise ships the Norwegian Spirit and the Norwegian Sun which call on Guatemala.

Mr. Ritter was on a paid tour of Santo Thomas de Castilla and was visiting its histoNCL Cruise passenger shot in Santo Thomas de Castillo cemetaryric cemetary when two men tired to rob him of his camera and then shot him.  The newspaper reported the capture of "two youth gang members" suspected in the murder. The banditos were identifed as gang members because of the tatoos on their faces.

Several newspapers, including CBS News, covering the story also commented on Guatemala's crime wave that has driven the murder rate up to around 17 a day - a statistic not known by most cruise passengers.

The Latin American Herald Tribune reports that "the more than 5,400 homicides reported last year in Guatemala – a nation of approximately 13 million – was nearly equal to the number of murders in neighboring Mexico, which has more than 100 million inhabitants and is the scene of open warfare among rival drug cartels."

A number of cruise lines other than NCL call on Santo Thomas de Castilla as a regular port, including Holland America Line and P & O Cruises.  P & O 's website has a section called "About Santo Thomas de Castilla" which promotes a visit to the cemetary as part of its "featured shore excurions:"

Santo Thomas de Castilla lies on Amatique Bay, off the Gulf of Honduras in northeast Guatemala. Belgians settled here in the 19th century and today you can see the cemetery where the pioneers are buried.

Cruise Port - Santo Thomas de CastillaCrimes committed against cruise passengers while ashore in ports of call are a concern throughout the Caribbean and Central America.  Three weeks ago, Cruise Law News was the first in the U.S. to report that eleven cruise passengers were robbed at gunpoint at a major tourist attraction in downtown Nassau on a Sunday morning - "Eleven Cruise Passengers Robbed in Nassau."  

These types of stories do not find themselves being reported in U.S. newspapers.  The cruise community ignores them.   

Cruise lines are legally obligated to warn passengers of crime dangers in the ports of call they select and advertise for passengers. But don't expect the cruise line to provide a warning to your family, although some travel agents tell their clients to be careful.   

 

Photo credits

Santo Thomas de Castilla cemetary    Marycatherine Flickr Photodtream

Santo Thomas de Castilla shore excursion       P & O Cruises

 

Royal Caribbean Takes Delivery of "Monster of the Seas"

Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships

Love BoatMost passengers don't realize the danger which women and children face on cruise ships.  For example, who would think that they are at risk of being raped on the cruise line featured in the popular television series the "Love Boat?"

The "Love Boat" - Carefree, Romantic Cruises 

Princess Cruises is a cruise line headquartered in Santa Clarita, California.  It is perhaps most famous for the Pacific Princess which served as the cruise ship for the "Love Boat."  It now operates thirteen large cruise ships: Caribbean Princess, Coral Princess, Crown Princess, Dawn Princess, Diamond Princess, Emerald Princess, Golden Princess, Island Princess, Ruby Princess, Sapphire Princess, Sea Princess, Star Princess, and Sun Princess - as well as four smaller cruise ships, Ocean Princess, Pacific Princess, Royal Princess, and Tahitian Princess. Princess markets an illusion of carefree honeymoon vacations and luxurious romantic getaways. 

Rapes and Molestation on the "Love Boat?" 

But notwithstanding its idyllic image, crew members have drugged and raped women during cruises on the "Love Boat" fleet.  Anguished parents have also reported their children being sexually assaulted and molested during cruises with Princess.

Princess Cruises - Cruise LawThe most publicized sexual assault this year involved Jorge Manuel Teixeira, a head waiter aboard Princess Cruises' Coral Princess.  According to the FBI, the Princess crew member invited a 42-year-old passenger to share a bottle of wine and then attacked her. He was charged with a federal count of aggravated sexual assault.  The 17-page FBI affidavit that describes the crime and a 100-page transcript of the crew member's interview with two FBI agents are available on line.    

Sexual Crimes on Cruise Ships are Rarely Prosecuted

What is remarkable about this particular crime is not that it occurred, but that the FBI actually arrested the crew member and he is awaiting trial.  Most crimes on foreign flagged cruise ships involve foreign crew members and do not result in arrests.  Although Princess is headquartered in California and has a base of  operations in Los Angeles, Seattle, and South Florida, it tries to use the fact that it registered its business in Bermuda (to avoid U.S. taxes) to also avoid culpability. Trust me, the country of Bermuda is not going to send a team of investigators to a Princess cruise ship sailing to Alaska and conduct an investigation that leads to an arrest of a Princess Cruises crew member.

There have been a number of sexual assaults against women and children on the Princess cruise ships over the years.  These crimes continue to this day.  I recently had to fly from Miami to Seattle to a Princess cruise ship after a Princess crew member had been drugged and raped on the cruise ship.  I have also discussed in other articles the problem with sexual assaults on the Princess sister company P & O Cruises, which like Princess Cruises, is wholly owned by cruise giant Carnival Corporation.   

Princess Cruises - Sexual AssaultForeseeability of Sexual Assaults on Cruise Ships?

A number of rapes over the last year or two have not yet been reported by the press.  However, there are cases readily available on line.  For example, in the case of  D.C. v. Princess Cruise Lines, filed in California, a 15-year boy traveling with his family reported that he had been sexually assaulted in the sauna on the cruise ship.

Princess Cruises claimed that it was not "foreseeable" that a passenger could be sexually assaulted during a cruise. Princess made this claim notwithstanding the hundreds of rapes and molestations which the cruise line industry was required to report to Congress during cruise crime hearings.  

Princess Cruises - a Problem Dating Back to 1993

The child's attorney introduced evidence that Princess knew that there had been a history of prior crimes.  The in-house lawyer for the cruise line, Mona Ehrenreich, admitted in deposition testimony that there were seven incidents of sexual assault alone from the time she joined the cruise line until year 2002. One incident  involved an assault by a crew member against a minor in a cabin.

In addition, the case contains fascinating testimony by Charles Harris, who was employed as the Senior Chief Security Officer of Carnival Cruise lines between 1991 and 1994. 

Princess Cruises' Parent Company - Carnival - A Prevalence of Sex Crimes During Cruises 

Officer Harris indicated that the problem of sexual assault on ships was "well known" and "well documented" and he was aware of the "prevalence" of sexual assaults and rapes on cruise ships. While retained in a case against Carnival, he learned that Carnival had had over 100 reported cases of sexual assault and rape on its ships. FBI agents in Miami reportedly are called to investigate a shipboard sexual assault case "about every other week."

A Lack of Transparency 

One of the problems with cruise lines is they lack transparency.  For example, last year I attended a hearing before the U.S. Senate regarding cruise ship crimes. This hearing was just one of the five Congressional hearings I have attended in the last four years regarding the problem with sexual assaults.  The cruise industry's chronic under-reporting of rapes has always been a hot topic with Congressional leaders. 

Princess Cruises - Sexual AssaultOne of the speakers at the hearing was Evelyn Fortier, the former vice president of the Rape, Abuse, and Incest National Network.  She informed the Senate sub-committee that there are three explanations for cruise line's refusal to accurately report shipboard rapes: (1) cruise ships were not required to report crimes on cruise ships and there was no way to assess whether the ships fully and accurately reported sexual assaults on their vessels; (2) sexual assaults, whether on land or sea, are historically under-reported; and (3) cruise lines conceal, under-report or misclassify sexual assaults out of fear that the bad press will cause them to lose customers. 

Added to this list should also be that the cruise lines like Princess try to avoid legal liability for the crimes their crew members commit.  Concealing or mischaracterizing rapes is one way the cruise lines try and protect their legal interests.  

These issues were discussed in an interesting article entitled: "Sexual Assaults on Cruise Liners May Be More Frequent Than Previously Reported" in SecurityManagement.com.

"Love Boat" Crime Statistics

Like other cruise lines, Princess Cruises has a problem with sexual assaults on its cruise ships. And like other lines, it pretends it doesn't have a problem.  Last week, the House of Representatives passed the Cruise Vessel Security and Safety Act of 2009 which requires cruise lines to report all crimes to the U.S. Coast Guard and the FBI. Now it will be interesting to see just how much crime really occurs aboard the "Love Boat."

 

Photo credits:

"Love Boat"             Amazon.com The "Love Boat" Season 1, Volume 1 

Ruby Princess       Rezsox's Flickr Photostream

Coral Princess       Brad Graverson / Staff Photographer of the DailyBreeze.com   

Star Princess         Jim Walker, Seattle WA July 4, 2009       

  

Miami Herald: Asleep at the Wheel Regarding the Cruise Industry

On Friday, the United States House of Representatives passed landmark legislation requiring cruise ships to promptly report crimes at sea to the United States Coast Guard and the Federal Bureau of Investigations.  Newspapers throughout the United States covered the historic legislation which finally brought some long overdue accountability to the cruise industry.  And, as usual, the Miami Herald didn't cover the story.

Plenty of Stories - No Coverage from the Miami Herald

There have been a remarkable number of high profile stories involving cruise passengers over the course of the past five years.  Shipboard crimes, ship fires, and missing passengers.  These events are covered routinely by the L.A. Times, New York Times, San Francisco Chronicle, and other national newspapers. 

Miami Herald - Cruise CrimeBut the Miami Herald has remained oddly silent over the past many years. One reason is that the Miami Herald is best known for its puff pieces and color photographs in its Sunday travel (i.e., cruise) section.  The Miami Herald's Executive Business Editor, Jane Wooldridge, was the newspaper's former Travel Editor for the past ten years.   

The Herald's "Cruises" page resembles more of a "food and wine" or "lifestyle" section than actual news.  You can still reach Ms. Wooldridge at "Travels with Jane."  You can follow her on Twitter @JaneWooldridge, where her profile includes a reference to being a "travel addict." 

The Miami Herald - A "Cruise Travel Section" Masquerading As A "Business Section"

Does the Herald contain some interesting travel articles and happy cruise stories?  No doubt.  But undercover investigation, probing journalism, or insight into hard issues like sexual assault, cover ups of shipboard crimes, and cruise ship dumping?  No way. 

The Miami Herald depends heavily on the cruise line advertising to keep it afloat.

Look for Insightful News Regarding the "Cruise Capital of the World" from Reporters in Iowa 

So we are left with newspapers outside of Florida to cover the uncomfortable issues involving the hundreds of foreign flagged cruise ships based in Miami.  No reporter in Miami - the "Cruise Capital of the World" - will touch the stories. On Friday, newspapers like the Greenwich Post, Connecticut Post, and even the Daily Reporter from Spencer Iowa covered the new cruise crime bill. I posted articles mentioning the victims who have been responsible for pushing for this legislation over the past five years in articles "Congress Passes Cruse Crime Law" and  Cruise Safety Bill Heartens Greenwich Victim's Family.

The closest story to Miami came from the Fort Lauderdale Sun Sentinel newspaper, in an article entitled "Legislation to Keep Cruise Passengers and Crew Safe Passes U.S. House."  The article mentioned the Cruise Line International Association ("CLIA"), but neglected to explain that CLIA spent millions fighting the legislation over the years and threw in the towel when it appeared the legislation would pass.  The article didn't mention the International Cruise Victims ("ICV") association or any of the many cruise crime victims whose efforts led to the safety legislation. 

 

Photo credit    Daquella Manera Flickr Photostream  

Another Crew Member Arrested for Child Pornography

Canadian Border Patrol arrested another crew member after finding child pornography on his cell phone. NCL crew member Menandro Lim Lanzar, age 31, from the Philippines was arraigned in Halifax on a charge of importing child pornography.

Mr. Lanzar is employed as a quarter master on the NCL cruise ship Norwegian Jewel.

Canada's Chronicle Herald reported on the incident is a story "Cruise Ship Worker Caught with Child Porn, Police Say."

In an article last week entitled Perverts, Child Predators and Cruise Ships, I reported on a nearly identical case where a Carnival crew member from the cruise ship Triumph was arrested in Halifax for child pornography which was found on his cell phone and on his computer on the cruise ship.

Parents who take their children cruising need to realize that cruise ships are not immune from perverts and child predators.  The "background checks" performed by the cruise line's hiring agents are a joke.  Families that cruise need to be particularly careful with male cabin attendants around children.  Don't leave your kids alone in the cabin.

Congress Passes Cruise Crime Law

Today, the House of Representatives passed the Cruise Vessel Safety and Security Act of 2009.  This is a remarkable event.  For the first time in the history of the cruise industry, cruise lines are now required to report crimes which occur on cruise ships to the U.S. Coast Guard and the FBI.  There has been an epidemic of rapes on cruise ships over the years, and the cruise industry is notorious for its lack of transparency and its cover up of such crimes.

This is quite a milestone. No one in South Florida has the courage to take on the cruise industry and enact legislation like this. Victims had to look 3,000 miles away from Miami - the Cruise Capital of the World -  to a leader in Sacramento, California to get the job done.

Thank You Congresswoman Matsui and the International Cruise Victims Association

The bill is the result of the hard work of the International Cruise Victims ("ICV") association, led by Laurie Dishman Doris MatsuiKen Carver whose daughter Merrian disappeared on a cruise ship operated by Celebrity Cruises, a subsidiary of Royal Caribbean Cruises. The legislation was introduced by California Congresswoman Doris Matsui (D-CA) whose constituent, Ms. Laurie Dishman was sexually assaulted on a Royal Caribbean cruise ship.  Ms. Dishman is a client and good friend of the firm.  She has worked tirelessly with the other ICV members to make sure that legislation like this is enacted to protect the traveling public.

The new cruise law also requires that rape victims on cruise ships be promptly given anti-retroviral medications in order to prevent the victims from developing HIV/AIDS and other sexually transmitted diseases. 

Our firm is representing a woman who was recently raped on a Princess Cruises ship.  The ship doctor and the Princess Cruises fleet medical department refused to provide the victim with such medications.  The cruise line's recklessness needlessly endangered the young woman's health and life. Now, there will be culpability when cruise lines act irresponsibly following a cruise ship crime.   

The ICV issued a press release today:

Press Release of the International Cruise Victims     

international cruise victimsThe International Cruise Victims Association (ICV) applauds House passage today of critical language authored by Congresswoman Doris O. Matsui (D-CA) ensuring the safety of cruise ship passengers on the high seas. Matsui’s Cruise Vessel Safety and Security Act of 2009, included in H.R. 3619, the Coast Guard Reauthorization Act of 2010, requires cruise lines to report all crimes aboard cruise ships to both the United States Coast Guard and the FBI. The first measure of its kind, this legislation represents a historic step toward securing the safety all passengers need and deserve.

“I recognize today as a milestone in our fight for justice,” said Congresswoman Matsui. “I originally became involved in this issue because of a young woman, Laurie Dishman, from my hometown of Sacramento. Laurie was sexually assaulted while on a cruise ship, and was left to fend for herself. international cruise victimMy legislation will not only help protect and empower future victims, but it contains important reforms that will help change the culture of the cruise industry and prevent future attacks from happening.”

ICV has been advocating for these measures to be adopted since 2006, participating in countless meetings with members of Congress, and three Congressional hearings. The hearings were held at the urging of Rep. Matsui, with the support of Transportation and Infrastructure Committee Chairman Jim Oberstar (D-MN) and Chairman of the Subcommittee on Coast Guard and Maritime Transportation Elijah Cummings (D-MD). Senator John Kerry (D-MA) introduced corresponding legislation in the U.S. Senate, which also held hearings, and the bill was passed unanimously out of the Commerce, Science and Transportation Committee. Now that the bill has passed the House, the bill will need to pass the full Senate before being sent to the President to be signed into law.

international cruise victimsAs this crucial legislation moves forward, it serves as a sign to many among the ICV’s community of followers that progress is being made toward ensuring the safety of Americans abroad. The measure approved today is a major victory in the fight for cruise passengers’ rights. ICV President Kendall Carver expressed his hopeful outlook as the legislation has been approved by committee in the Senate. “Adoption of this bill would be proof to the world that our small group of volunteers with limited funds has been able to make a difference in the safety of Americans. When the Cruise Safety legislation is signed into law, it will serve to protect Americans across the nation during what ought to be relaxing vacations.”

“Congresswoman Matsui has taken the lead in the House on this issue, and her efforts have made the difference in moving this legislation forward,” Carver continued. “Her efforts are appreciated by myself and all other victims and their families that are members of International Cruise Victims Association. Without Ms. Matsui’s efforts in the House and Sen. Kerry's efforts in the U.S. Senate this legislation would have not moved forward and we are forever indebted to both of them. I look forward to the upcoming Senate floor vote and the President’s signature as soon as humanly possible.”

Currently, cruise ships operating under foreign flags of convenience are not required under U.S. law to report crimes occurring outside of U.S. territorial waters. Legislation approved today will ensure that crimes committed while aboard cruise ships do not escape the jurisdiction of international cruise victimsAmerican law enforcement. Title IX requires cruise ships to comply with design and construction standards, such as specific rail heights, peep holes, warning devices and cabin security measures. The bill also requires that vessels are equipped with a video surveillance system to assist in documenting and prosecuting crimes, and it requires vessels to maintain a log book to record reports on specified complaints. Finally, once enacted, vessels will be required to contact the nearest FBI office as soon as possible to report incidents involving homicide, suspicious deaths, missing U.S. nationals, kidnapping, assault, and other serious occurrences.

The International Cruise Victims Association, Inc. (ICV) is a not for profit corporation formed by victims and families of victims of cruise crimes.

 

Photo Credits      International Cruise Victims ("ICV")

1. Honorable Congresswoman Doris Matsui, Laurie Dishman, Bill Dishman

2. ICV members Mark Brimble, Ken Carver, Son Michael Pham

3. ICV members in Washington DC

4. ICV members Ron and Sue DiPiero 

5. ICV members Lynnette Hudson, Ken Carver      

 

Hung Jury in Dianne Brimble Cruise Death Trial

Today, the Court dismissed the jury in the Dianne Brimble trial in Australia after it deadlocked on one of two remaining charges against P & O passenger Mark Wilhelm.

Dianne Brimble - Mark WilhelmThe prosecution originally brought three charges against defendant Wilhelm for his involvement in the drugging death of Ms. Brimble on the P & O cruise ship Pacific Sky: (1) supplying a prohibited drug (GHB); (2) manslaughter, if the GHB significantly contributed to Ms Brimble's death; and (3) manslaughter by criminal negligence, for failing to aid Ms. Brimble as she lay dying on the floor of the cabin. The last charge was withdrawn by the prosecution shortly before the case was submitted to the jury for deliberation because the Crown admitted that it could not prove exactly when Ms Brimble died.    

It appears that the jury agreed that Wilhelm gave Ms. Brimble the date rape drug, but could not agree that the drug was a substantial factor in her death. 

ABC News in Australia reports that before deadlocking, the jury asked the Court: "If the accused supplied Ms Brimble with GHB and this drug substantially contributed to her death, can the fact Ms. Brimble being an adult person who voluntarily took the drug be a reason for the accused to be found not guilty of manslaughter?" The Court answered the jury's question "No."  Whether Ms. Brimble took the drug voluntarily, as opposed to Wilhelm giving her the drug surreptitiously, not was not a defense. 

Dianne Brimble The jury had to ignore much of the evidence introduced over the course of the last month after the prosecution withdrew manslaughter-by-criminal-negligence allegations.  The Court instructed the jurors that the trial was no longer about whether Mark Wilhelm should have helped Ms Brimble, and to ignore photographs of her dying on the cabin floor. 

The newspaper reports that the Court informed the jury that "it may have been morally reprehensible the way Ms Brimble was treated but there was a difference between morality and legal duties." 

Ms Brimble's former husband Mark Brimble and David Mitchell, her partner of many years, appeared before the media after the Court discharged the jury. Mr. Brimble stated that their three children, two sons and a daughter, were not doing well with the jury's failure to return a verdict.  News.au.com reports that Mr. Mitchell stated: "We will continue, of course, to fight for Dianne in our pursuit for the truth, with Dianne being the mother of our children." 

The newspaper also quotes Mr. Brimble stating:

"We're frustrated but we're not beaten. We're tired, but we're not finished. We're still here, supporting our children through this and Dianne's extended family and we'll continue to do so."

Mr. Brimble's and Mr. Mitchell's comments to the media are recorded in this video from ABC News Australia:

 

 

Is it possible that the case can be re-tried?  The Court has scheduled a conference on November 6, 2009 where this and other issues will be addressed.

 

 

Photo credits

Photo of Mark Wilhelm     AAP: Dean Lewins

Photo of Dianne Brimble   AAP: Jeremy Piper

Video of Mark Brimble and David Mitchell  ABC News Australia

Jury Reaches Partial Verdict in Dianne Brimble Case

Dianne Brimble cruise death trial - Mark Wilhelm ABC News reports that an Australian jury in the trial of cruise passenger Mark Wilhelm, accused of killing Dianne Brimble aboard a P & O cruise ship, has reached an unanimous verdict on one of two charges.

The prosecution charged defendant Wilhelm with manslaughter and "supplying a prohibited drug" (the date rape drug, GHB).

We have discussed this case in previous blogs:

Date Rape Drugs on Cruise Ships - the Death of Dianne Brimble

"Crawfishing" - Passengers in P & O Cruises Death Case Can't Remember A Thing

Another Crawfishing Witness in the Dianne Brimble Trial

Jury Is Out in Dianne Brimble Cruise Death Case

Dianne Brimble and the Lessons to Teach Our Young Men

It is conceivable that the jury all agreed that Wilhelm gave Ms. Brimble the date rape drug, but they cannot unanimously agree on the homicide charge.  The newspaper reports that the judge could accept a verdict of 11 - 1.  The seven woman - five man jury will continue to deliberate tomorrow. 

Ms. Brimble's former husband, Mark Brimble, heads the Australian chapter of the International Cruise Victims organization

For a reminder of the circumstances leading to Ms. Brimble's death, here is a video of the heavy partying aboard the P & O Cruises cruise ship:

 

 

Photo credit:

Photo of Mark Wilhelm    The Daily Telegraph

Cruise Ships & Drug Smuggling

Cruise ships are routinely used by both passengers and crew members to smuggle drugs.  Two recent newspaper articles from the Royal Gazette in Bermuda point this out.

Today, the newspaper reports that a passenger aboard Norwegian Cruise Line's (NCL) Norwegian Dawn was sentenced to seven years in prison in Bermuda for smuggling 5,048 grams of marijuana, with a street value of $252,000. 

Drug smuggling - cruise shipsU.S. passenger Anthony Issac brought the drugs to the Island in a suitcase aboard the NCL cruise ship.  A  "friend" of his paid him $10,000 to go on vacation and to drop the suitcase off in Bermuda.  The NCL passenger, a 34 year-old truck driver from the Bronx, apologized to the court in Bermuda.  He explained that he smuggled the reefer because he was "experiencing financial problems and  thought the money would help."

A couple of months ago, the Royal Gazette reported that a NCL cruise ship employee was jailed  for attempting to import more than $12,000 worth of cannabis into Bermuda. Crew member, Elroy Bent Brackman from Columbia, was offered $500 to import the drug while working aboard NCL cruise ship Norwegian Dawn. He had been caught smoking weed in his cabin, which led to a search.  

Like the NCL passenger, the crew member claims that he given $500 in New York if he would bring smuggle the marijuana on the cruise ship.  The court in Bermuda sentenced him to two-and-a-half years' in jail.

Drugs on cruise ships In November 2006, another NCL crew member Teeteta Lereria was sentenced to five years after trying to smuggle cannabis and heroin valued at more than $311,000 into Bermuda. She was employed as a cleaner aboard NCL's Norwegian Spirit.

Many of the crew members, particularly "cleaners" who do not earn tips, earn as little as $535 a month.  Working as much as 85 hours a week, their wages turn out to be less than $1.60 an hour.  Whereas this does not  justify criminal conduct, low wage employees are susceptible to being used as drug mules.  

The presence of drugs on cruise ships, particularly smuggled by the crew, raises a concern of violence between crew members.  This problem may also be behind the "disappearance" of crew members over the years - stories which have largely been ignored by the U.s. media. 

A search of the Royal Gazette's archives reveals that many passengers have also been arrested or fined for bringing marijuana into Bermuda. 

October 26, 2009 Update:

The Bermuda Royal Gazette reports today that another NCL passenger was busted for pot.  This time it was aboard NCL's cruise ship, Norwegian Majesty.  A Bermuda Customs sniffer dog found 12 joints of marijuana during a search of the cruise ship, while the ship was in port in St. George's.

The cruise passenger is an American, Frank Brazinski from Pennsylvania.  The joints were discovered in the passenger's luggage inside his cabin.  Not sure I understand how this resulted in a charge of importing drugs into Bermuda. The passenger pled guilty.

 

Eleven Cruise Passengers Robbed in Nassau

The Tribune newspaper in the Bahamas reports that 2 "vicious robbers" held a group of 11 terrified tourists at gunpoint and robbed them of cash and their possessions.

The victims are reported to be U. S. citizens from from a cruise ship which docked at at Prince Charles Wharf.

The cruise passengers took taxis for a tour of what is called the "old Bahamas" sites of Fort Charlotte, Fort Fincastle, the "water tower" and the Queen's Staircase. The robbery occurred at the Queen's Staircase, a popular tourist attraction consisting of 66 steps.  The two robbers wore hoods.

The crime occured on Sunday, October 11, 2009.

The newspaper quotes the taxi drivers and police voicing their concern that the crime would hurt Nassau's tourist trade.  A policeman is quoted as acknowledging a concern of crime against tourists from cruise ships.  A taxi driver suggested that the tourists were robbed because there was no police presence at the tourist attraction on the morning of the crime.

Crimes against U.S. passengers from cruise ships are one of the risks inherent in cruising.  Most passengers are not aware of the dangers, and most cruise lines do not warn passengers.  

Our firm represents a college student who was raped in Nassau after disembarking a cruise ship earlier this year.  She was raped by three Bahamian men. She was on a Spring Break cruise with her friends. 

We also represent a family who was terrorized and robbed at gunpoint during a Carnival cruise excursion into Jamaica.   

Passengers should not assume that the cruise lines will inform the passengers of dangers of this type, even thought the cruise lines are aware of crime problems in the ports which they choose to disembark their passengers.     

 

Photo credits:

Newspaper photo   The Tribune Newspaper, Nassau Bahamas

Queen's Staircase  Ask.com

Cruise Ship Brawls - A Problem that Will Get Bigger with Bigger Ships

Paul Ash, who writes columns for the Times Live in Johannesburg under the name "The Wanderer," addresses the issue of violence by cruise passengers in an interesting article entitled "Punch-Ups and Brawls on Cruise Ships: Whose Fault is it Anyway?"

The article mentions what is described as a "mini-rampage" on the P&O cruise ship Ventura while the ship was at sea. Also mentioned is the brawl between six Carnival passengers who punched, scratched and bit it out with police in Antigua over a dispute with a taxi driver over, depending on who you believe, either a $50 or $100 taxi fare.

Mr. Ash's article raises a couple of interesting issues. 

Are cruise lines inviting rowdier crowds on board with discount tickets?  And what happens when, as Mr. Ash puts it, "the happy and careless rich collide with the hungry and resentful poor?"

One of the subscribers to this blog commented on an earlier article about the danger presented when vacationing families intersect with the hard partying younger crowd who are enticed to cruise with the lure of cheap three-day booze cruises. I compare the situation to going on a cruise with Kid Rock - I love his music but I wouldn't want to take my family on a cruise with his posse partying next door. 

As reported by Mr. Ash, a BBC2 television host Jeremy Vine recently questioned Carnival CEO Micky Arison about this problem of violence associated with cheap cruise tickets and a more diverse group of passengers.

“Cruise ships are a microcosm of any city or any location and stuff happens . . . The negatives of discounting might be less commission for agents and less revenue for us but the positive is it opens up the product to a wider audience.”

The "wider audience" will undoubtedly include a younger crowd from a different demographic, including what I call the hard partying "Bud Light - tank top" crowd.

Mr. Ash concludes his article with the following thought: 

"I can’t think anything I’d rather less do than go on holiday with five thousand three hundred and ninety-nine other people. Imagine the rush for the boats – or taxis – during shore excursions. Imagine the stress of finding a space by the pool. Or queuing for dinner. One may as well go to the Med and scrap with the Russians and Germans for sun loungers. No wonder people get punchy. Who wouldn’t?"

Complicating matters is the huge amount of alcohol which the cruise lines sell to the passengers, which often leads to drunken brawls in the bar and discos and sometimes around the pools. It will be interesting to see how Carnival and the other cruise lines handle the "wider audience" flocking onto the larger cruise ships. If cruise ships are like cities and "stuff happens," what steps are they taking to protect U.S. families?

Will the cruise lines elect to hire a full complement of well trained and experienced security guards?  Or will they continue to try and save money with only 2 or 3 inexperienced "guards" trying to protect 2,000 or 3,000 passengers? 

Sexual Assault Reported on P & O Cruises' Pacific Sun Cruise Ship

ABC News in Australia reports that police are investigating a sexual assault which occured on the cruise ship Pacific Sun operated by Princess Cruises' sister company P & O Cruises. The alleged crime took place on the P & O cruise ship during a seven day cruise of the South Pacific near Noumea. Australian police boarded the Pacific Sun when the ship returned to Brisbane today.

At this time there is little information other than the ABC News report.  The newspapers in Australia resemble, at least to me, the British press. They are aggressive in reporting stories like this.  I expect there to be numerous articles on line soon.

In a post earlier today, I commented on the risk passengers face of sexual assault on cruises, both by crew members and other passengers. I have commented extensively on the sexual assault of P & O Cruises passenger Dianne Brimble who died on the Pacific Sun

Cruise lines have suffered from terrible publicity due to the irresponsible way that they have responded to shipboard crimes.  For example, after Ms. Brimble died, the P & O brand (a subsidiary of Carnival Corporation which also owns sister company Princess Cruises), began running a highly sexualized marketing campaign touting an image of booze and sex. 

A commenter to a previous post commented that P & O "pimped out their female passengers, with the 'Seamen Wanted' promotional postcard, depicting a deck full of women wearing bikinis, accompanied by a tag line 'More girls, more sun, more fun. There's nothing else a guy needs to know.' "  

In a post last week, I praised the leadership of P & O's CEO Ann Sherry who inherited this mess but seems to have brought a professionalism and air of transparency to the cruise line.

In the past, P & O Cruises issued a press statement following a sexual assault on the Pacific Star. 

The last time the press reported a sexual assault on a Princess Cruises or P & O cruise was earlier this year. A Princess Cruises waiter assaulted and attempted to rape a passenger aboard Princess Cruises' Coral Princess. The Princess Cruises' employee,  identified as Jorge Manuel Teixeira, 38, of Portugal, was arraigned on three counts each of aggravated sexual assault and sexual abuse.  He is awaiting trial. 

A  P & O passenger was also raped aboard the Pacific Star earlier this year as well. A newspaper in Australia reported that the P & O ship's crew found a 46-year-old female passenger in a state of shock and suffering bruises in the early hours following a New Year's Eve party.  She alleged that a 37-year-old Australian passenger raped her while she was sleeping in her cabin.  Like the instant case, the attack happened near Noumea.

Regarding this latest report of sexual assault, I expect that we will soon hear from Ms. Sherry, probably via YouTube if her lawyers will "let her do her thing."  Otherwise, the Australian press will be the only ones commenting on yet another sexual assault on a Princess or P & O cruise ship.

October 11, 2009 Update:

P & O Cruises has not issued a press release or provided an update on their website or ship blogs yet.  An online newspaper in Australia, News.com.au, reports that the alleged victim is  believed to be a juvenile.  Queensland police are investigating and have interviewed "people allegedly involved in the incident." But a police spokesperson indicated that no one had been arrested or charged. The spokesperson also "refused to say how many people were involved in the incident, or where they were from." 

 

 

   

Photo credit       Jim Walker, Star Princess, Seattle, July 4, 2009

Perverts, Child Predators and Cruise Ships

A Canadian newspaper reports that a crew member from Indonesia will soon find out whether he will serve additional jail time for possession of child pornography. Crew member Hendri Dharmawan, age 29, was working as a pastry chef on the Carnival Triumph when he was arrested September 1 in Halifax.  He has been in a Nova Scotia jail for the past five weeks after pleadings guilty to the child porn charges.

The crew member was caught with pornography on his iPhone as he returned to the Carnival cruise ship.  The border police then accompanied him back to his cabin where they discovered over two hours of child pornography on Dharmawan's laptop and external hard drive. The footage depicted girls as young as eight and boys as young as 10 being abused.

This type of story should serve as a wake up to parents who take their children on cruises.  Yes, there are sexual deviants and predators on cruise ships. We have had too many cases where unsuspecting parents leave their kids in the cabin when they go to the casino, or stay late at the disco. While the parents are gone, a cabin attendant enters the cabin with his pass key. Let's skip the details. Trust me, leaving a 12 year old boy or his 14 year old sister alone in a cabin is a bad idea.

Cruise lines suggest that the crew members are carefully screened before they are hired.  Nonsense.  First of all, the cruise line themselves do not perform background checks at all. They rely on the hiring agents around the world to perform all of the "screening."  But what type of background check can be performed in countries like Nicaragua, Trinidad, or India?  These places do not have computerized databases for drivers licenses or social security numbers much less a database for criminals or a tracking system for sexual predators.  Many of the hiring agencies who are suppose to be conducting background checks are paid commissions when they place employees on cruise ships.  There is a disincentive to keep the bad apples off of the cruise ships.  

If a crew member molests your child on the cruise ship, don't expect the cruise line to believe your child.  Cruise lines have a notorious and well earned reputation of covering up crimes.  Their priority too often is defending the crew members and their own marketing image. 

There is also the danger of other passengers abusing your children.  A cruise ship presents the same dangers as your home town.  You can read about the problem of  sexual assault of teenagers and child abuse during cruises here.