Passenger Charged with Raping Boy on NCL Cruise Ship

Adam ChristopherOn August 30, 2017, the U.S. Attorney’s Office for the District of Massachusetts filed criminal charges against a man reportedly from Bay Springs, Mississippi for allegedly raping a 15-year-old boy on a NCL cruise ship during a seven-day cruise from Boston to Bermuda. The sexual assault reportedly occurred on August 14, 2017 while the cruise ship was docked in Bermuda, according to the U.S. Attorney's office in Boston.* 

The incident was first reported by the newspapers in Bermuda, including Bernews and the Royal Gazette, which did not mention of name of the assailant or the cruise ship where the incident occurred. The newspapers in Bermuda, which typically do a poor job of reporting about crimes on cruise ships, did not provide any details regarding the alleged shipboard crime.  

The federal court filing in federal court in Boston (see below) indicates that the United States charged Adam Christopher Boyd, age 30, with one count of sexual abuse of a minor. Mr. Boyd was arrested in Bermuda and faces extradition back to the United States. The court filing indicates that the cruise ship where the rape occurred is the Norwegian Dawn. According to an affidavit from a FBI agent in support of the criminal charges and arrest warrant, the Dawn arrived at the Royal Naval Dockyard in Bermuda on August 13, 2017 where it was scheduled to spend three days before returning to Boston.

The FBI affidavit states that before the rape, the 15-year-old boy was drinking alcohol on deck 13 of the ship with other passengers who he met during the cruise.  Mr. Boyd met the child and informed him that he was an hairdresser and offered to braid the child's hair. Mr. Boyd reportedly asked the child his age and the boy said he was 15-years-old. The FBI reportedly later interviewed another passenger who stated that Mr. Boyd asked him if the boy was really just 15-years-old, and the passenger confirmed that the minor was, in fact, 15-years-old and not 18 as Mr. Boyd later claimed.  

According to the court filing, Mr. Boyd volunteered to escort the boy back to his cabin and offered the boy to stay in Mr. Boyd's cabin which the child declined. The ship's surveillance footage reportedly showed Mr. Boyd and the boy leaving deck 13 early in the morning of August 14th; another passenger verified that the boy appeared to be intoxicated at the time. When they reached a secluded area of deck 14, Mr. Boyd kissed the child and put his hands down the minor's pants and felt his genitals, following which he anally raped the child, according to the affidavit.  After the incident, the boy told a group of other teenagers who he previously met during the cruise, that he had been sexually assaulted. He also he told the police in Bermuda, who later came onto the ship to investigate the incident, that he had been "raped."

The court filing further indicates that other passengers stated that later that morning they saw the boy sitting by himself on deck 13, appearing upset and crying.  The child eventually returned to his cabin and reported the sexual assault to his family who alerted the ship's security personnel who, in turn, notified the police in Bermuda. The local police took the child to a hospital where a rape kit was administered. The police arrested Mr. Boyd who denied that penetrated the child.

The FBI agent, who prepared the affidavit, stated that she believed that there was probable cause that Mr. Boyd violated Title 18 of the United States Code, Section 2243(a) which defines sexual abuse as knowingly engaging or attempting to engage in a sexual act with a minor who has not attained the age of 16 and is four years or more younger than the assailant. The sexual abuse of a minor carries a jail sentence of five to fifteen years and a fine of up to $250,000. 

Sexual assaults of minors on cruise ships is an issue which I write about often; last month NBC News aired an investigation into the sexual assault of minors on cruise ships - NBC News: Hidden Dangers for Children on Cruise Ships. We have written about boys as well as girls being victimized during cruises, not only by crew members but by other adult passengers. Cruise lines are in the business of selling carefree, dream vacations to idyllic destinations; the cruise industry will never warn passengers of the dangers of their children encountering predator crew members or pedophile passengers. 

The U.S. government has jurisdiction to prosecute cases of rape on cruise ships when a U.S. citizen is involved, as either the victim or the assailant.  The criminal charge in federal court in a case of rape of a child is characterized as the "sexual abuse" of a minor; there are no criminal federal statutes for "rape" or "sexual assault."  

Have a thought? Please leave a comment below or join the discussion on our Facebook page

Photo credit: Rap Sheets - of Adam Boyd for arrest on charges of driving under the influence in Mississippi in August 2015. 

*Note: The Department of Justice writes: "The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law."  

September 26, 2017 Update: Passenger from Mississippi finally about to be extradicted back to the U.S. to face criminal charges.

 

 

NBC News Looks at Problem of Sexual Assault on Cruise Ships

On Sunday, July 2, 2017, NBC Nightly News aired the first part of an investigative report into the issue of sexual assaults on cruise ships

Over the course of three months, NBC News spoke with 10 victims of sexual assaults, or members of their families, and found that cruise ships pose hidden dangers.

"Of the 92 alleged on-board crimes reported by cruise lines in 2016, 62 were sexual assaults. When sexual assaults occur at sea, it may be hard for victims to get justice on land. Some assaults were barely investigated, according to the victims and families who spoke to NBC. Most were never NBC News Cruise Ship Sexual Assaultprosecuted.

And perhaps most troubling, many of the sexual assaults on-board cruise ships involved minors. A congressional report in 2013 found that minors were victims in a third of the assaults."

NBC interviewed me, as well as another maritime lawyer in Miami Michael Winkleman, during their investigation. You can see a portion of the interview in the video below. 

The program highlights the fact that the FBI usually does not conduct a full investigation when women and children are victimized on foreign flagged cruise shhips. Prosecutions by the Department of Justice are even rarer. As a result, the cycle of sexual violence remains a problem on cruises.

The second part of the investigation airs this evening on NBC News. 

Have a thought? Please leave a comment below or join the discussion on our Facebook page.

 

 

Sexual Assault on Cruise Ship in St. Kitts? No One's Talking

Today the SKNVibes newspaper in St. Kitts reports that a crew member aboard a cruise ship docked in St. Kitts (Port Zante) sexually assaulted a cruise passenger.

You can read the article below.

It's a strange article.  The newspaper decided not to name the cruise line or the cruise ship, which is something we see in a few other countries where the local press prefer not to embarrass the cruise lines.

Carnival Valor Cruise ShipThe newspaper also contacted the police department which would not comment whether a rape occurred on the unidentified cruise ship or not.

Earlier this year we named St. Kitts as one of the top 10 most dangerous cruise destinations in the world.  We also reported on a sexual assault of a Royal Caribbean cruise passenger during an excursion in St. Kitts two years ago,

The article is below:

" . . .  the Royal St. Christopher and Nevis Police Force is making investigations into an incident of assault that occurred on a cruise vessel which was berthed at Porte Zante yesterday (Jun. 6).

Unconfirmed reports suggest that an act of sexual assault may have been perpetrated against one of the cruise passengers by one of the vessel’s crew members.

SKNVibes understands that the authorities on St. Kitts were made aware of the situation and investigations had begun.

The Police Force’s Press and Public Relations Officer Inspector Lyndon David - when contacted by this publication and questioned about this issue - declared that he could not confirm or deny at that moment.

And he promised to look into the matter."

June 8 2014 Update: A reader pointed out that the Carnival Valor was in port at St. Kitts on June 6 2014.

June 10 2014: The St. Kitts and Nevis Observer reports "Cruise Ship Employee Charged With Rape." This newspaper states that the Carnival Valor was in fact the cruise ship in port (Port Zante). It says that St. Kitts police took a crew member into custody the day of the report of the sexual assault and that the Valor left port later than its scheduled time due to the incident.

The Observer understands the individual was charged with the offense over the weekend following the arrest on a Friday.

Upon questioning the local police would say nothing other than “someone has been charged for an incident.”

The newspaper also says that it is "not known if the alleged offence was committed while the vessel was docked, however the Royal St. Christopher and Nevis Police Force has jurisdiction to investigate and/or arrest once a crime has been reported in sovereign waters or airspace."   

June 15 2014 Update: A radio station in St. Kitts states that the local police in St. Kitts has finally acknowledged that a crew member from the Carnival Valor was arrested on charges of raping a cruise passenger while the cruise ship was in territorial waters of the island. However, the police still refuses to release the alleged assailant's name.  The radio station says: 

"In St. Kitts and Nevis, the names of persons accused of sexual offenses against minors are not released, however WINN FM is not aware that those charged with offences against adults are withheld by the authorities."

 

 

Photo Credit: sknclt.com

Two U.S. Passengers Arrested for Rape on Royal Caribbean's Navigator of the Seas

Navigator of the SeasThe Jamaica Gleaner reports that 2 U.S. men aboard Royal Caribbean's Navigator of the Sea, which docked in Falmouth Jamaica yesterday morning, are accused of raping a female passenger aboard the cruise ship.

The Gleaner says that the "men were accused of raping a female passenger who they were partying with the night before on the vessel."

The sexual assault reportedly occurred at 5:30 AM, yesterday morning, when the cruise ship was sailing approximately 50 miles outside Jamaican waters.

The Gleaner also says that the Federal Bureau of Investigation (FBI), with assistance from the Jamaican police, is investigating the incident.

It is less than clear what this means as the FBI typically does not travel to the Caribbean ports to investigate crimes like this. The typical situation is for the FBI to get involved only after the cruise ship returns to an U.S. port. Sometimes the victim will get off of the cruise ship at the next port and fly back to the U.S. in circumstances like this.

Sexual assaults are not infrequent on cruise ships, particularly given the tremendous amount of alcohol sold by the cruise lines.

The newspaper says that the Navigator will return to Galveston tomorrow, "where the accused will be processed."

 

Photo Credit:  Wikipedia / Bahnfrend

"Voluntary" Cruise Crime Statistics Keep Public in the Dark

Cruise Ship CrimeCBS travel expert Peter Greenberg has interesting comments on the recent crime statistics released by the three major cruise lines.

Carnival, NCL and Royal Caribbean posted 237 crimes which allegedly took place on their cruise ship over the last 2 to 3 years. This is the first time that the cruise industry has ever publicly posted their onboard crime statistics.

The information, however, is very limited.  The cruise lines do not mention the name of the cruise ship, or the date of the incident, or where the incident is alleged to have occurred or any explanation regarding what happened. The companies also do not disclose whether the victim is a child.

Legislation proposed by Senator Rockefeller will require the cruise lines to provide greater specificity about the crimes.  For example, the public should know whether a particular cruise ship has experienced multiple incidents where child counselors are accused of molesting children in a child-care facility on the ship.  As matters now stand, it's impossible to tell from the cruise lines' skimpy crime charts what the crime reports really involve.     

 

 

Man Arrested on Charges of Raping Passenger Aboard the Carnival Dream

The Virgin Islands Daily News reports that a 19-year-old Kentucky man pleaded not guilty in District Court in St. Thomas on charges that he raped another passenger during a Carnival cruise. The charges specifically "sexual assault with intent to commit a felony."

Cruise passenger Conner Layne was arrested after a 18-year-old woman's complaint that he tried to rape her while on board the Carnival Dream during a June 4th cruise. 

Carnival Dream Cruise ShipThe newspaper states that the alleged crime took place while the Dream was in international waters sailing to St. Thomas.

According to an affidavit written by FBI special agent Rafael Fernandez, an 18-year-old woman reported that she and Layne were "having drinks in the ship's club when Layne invited her back to his room. Once there, she had another drink and sat on the bed, and she and Layne began kissing and Layne started 'touching her about the body'." Layne then forcibly "held her down, pulled up her dress, pulled down her underwear and penetrated her with his penis."

The woman said that because Layne was intoxicated, she was able to push him off of her, and she ran out of the cabin. 

The District Magistrate released Layne from custody after he posted a $10,000 bond.

The newspaper states that Layne was allowed to return to his home in Kentucky but had to provide DNA samples as a condition of his release.

 

Photo Credit: Wikipedia /  Kuloskulos

Warning: U.S. Citizen Murdered in Nassau - Cruise Passengers Urged to Avoid Travel to the Bahamas!

Last month we wrote an article about the crime epidemic in Nassau, Bahamas.

A newspaper in the Bahamas published an article "Cruise Ships Warn on Crime," explaining that cruise executives from Miami met with Bahamian officials about the increasing crime levels in Nassau which are no longer safe for passengers. 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, petty theft, snatch and grab robberies, and violent crime.

Nassau Bahamas Cruise Ship CrimePassengers are being warned to stay on the cruise ships when the ship calls on Nassau. Crew members have known this for years.

Newspapers today are reporting that a U.S. citizen was shot and killed when he tried to stop the robbery of another U.S. tourist visiting Nassau. The U.K. Daily Mail reports that American Kyle Bruner was murdered in the Bahamas over the weekend while attempting to help a tourist who was being mugged.

The U.S. Department of State characterizes the crime level on New Providence Island, where Nassau is located, as "critical." Snatch-and-grab’ crimes are common occurrences in Nassau. The U.S. State Department says it has received reports of assaults, including sexual assaults, in casinos, outside hotels, and on cruise ships.

I have represented many women sexually assaulted in Nassau and on cruise ships in that port and many passengers robbed at gunpoint.  

In addition to our clients, we have learned of a wide variety of crimes against cruise passengers, including rapes against young women ashore, theft, and violent robberies. We have written several articles about the crime problem in Nassau, including sexual attacks against 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 

I have never written an article telling cruise passengers to avoid a port of call. I usually report on what I know and then leave it up to the passengers to decide what to so. But Nassau is flat out dangerous.  In my opinion, if you knew what the cruise lines know, you'd be crazy to take your family there. 

June 20 2013 Update:  Crime in Nassau continues. Here are recent articles:

74 year-old female U.S. diplomat assaulted and robbed Sunday morning in Nassau while walking to church.

2 tourists robbed outside Atlantis.

Tourists Robbed At Downtown Night Spot

2 tourists robbed.

It's Not Better in the Bahamas: Crime Up, Cruise Passenger Spending Down

Officials address cruises lines' crime concerns.

Bahamian Ministry of Tourism, police and cruise lines work on "white paper" to address crime in Nassau.  
 

Photo Credit:  Caribbean 360 

 

 

Trial Scheduled for Princess Cruises Crew Members Accused of Raping Woman on Grand Princess

Princess Cruises Cruise Ship RapeThe Bermuda Sun newspaper reports that two crew members employed on a Bermuda flagged cruise ship are heading for criminal trial after being accused of raping a woman.

As is often the case in Bermuda, the Bermudian press did not mention the name of the cruise line or the name of the cruise ship.  There is no prohibition from doing so, but the newspapers there seem inclined not to want to cause any embarrassment to Bermuda's U.S. based cruise line customers which register their ships in that island to avoid U.S. taxes and wage and safety laws.

The case involves two Italian crew members, age 26 and 27, aboard the Grand Princess cruise ship, operated by Princess Cruises of Santa Clarita California. 

The sexual assault at issue allegedly occurred on January 12, 2013.

Trial is scheduled for April 27, 2013.

Bermuda has a sorry record of prosecuting Princess crew members when they are accused of raping women on Princess cruise ships. No crew member has ever been convicted and imprisoned for sexually assaulting a woman aboard a Princess cruise ship although multiple sexual crimes have been alleged over the years.

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.

L.A. Times Asks: Is Cruising Safer One Year After Costa Concordia?

The L.A. Times has an interesting article today about whether the new cruise safety proposals marketed to the public after the Concordia disaster are really making a difference.

Entitled Questions Linger One Year After the Costa Concordia Disaster, the article by L.A. Times reporter Mary Forgione asks some tough questions whether the cruise industry has taken the steps necessary to make cruising safer for the public.

Interviewed in the article are two cruise ship survivors who give the issue some true perspective. Weighing in for the cruise industry is former travel agent Christine Duffy, who is now head of the cruise Cruise Ship Safetytrade organization Cruise Line International Association, as well as cruise fan Carolyn Spencer Brown, who is the editor of the pro-cruise website and Expedia & Trip Advisor owned Cruise Critic.  

Ms. Forione interviewed me as the critic of the cruise industry, I suppose.

My take is that the proposals are rather modest. Plus there is no regulatory agency of any type which can actually enforce the proposals. The proposals are mostly happy-talk to try and convince the public that it's safe keep buying cruises. 

There are more pressing cruise safety issues to worry about that no one is talking about.

The risk of terrorism against a cruise ship is frightening, Consider this. But no one is discussing the inadequate, skeleton crews of security guards on cruise ships.

Nor is anyone focusing on the greatest risk to your family if you cruise. Sexual assault of children, girls and women. Just last week two officers aboard a Princess cruise ship were arrested on allegations that they raped a woman on the Grand Princess. No one is talking about that either. 

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.

 

Rape on the Love Boat? Two Crew Members Arrested for Sexually Assaulting Woman Aboard Grand Princess Cruise Ship

Newspapers in Bermuda are reporting that two Italian crew members age 26 and 27, aboard the Grand Princess cruise ship, are charged with raping a female crew member.  Both of the men are believed to be officers.

The sexual assault at issue allegedly occurred on January 12, 2013, but there is no information where the cruise ship was located at the time of the alleged crime.

The remarkable thing about the story is that the crew members were actually arrested. Bermuda has been a complete joke about holding crew members legally accountable when they rape women on Grand Princess Cruise Ship Sexual AssaultPrincess cruise ships.  No crew member has ever been convicted and imprisoned for sexually assaulted a woman aboard a Princess cruise ship although multiple sexual crimes have been alleged over the years.

The charges are being heard in Bermuda because Princess Cruises registers its cruise ships there to avoid U.S. taxes and labor laws.

The two men were granted bail of only $5,000 each which is not much more than a passenger has to pay for possessing a few marijuana joints aboard a cruise ship in Bermuda

The last Princess rape case ended with the alleged rapist going free.

It is doubtful that the cruise-ship-beholden island of Bermuda will ever bring justice to a cruise ship rape victim.

Stay tuned.

Leave a comment below or discuss the incident on our Facebook page.

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. 

Leader of Carnival Cruise Gang Rape Indicted

A federal grand jury indicted a Florida man arrested for participating in and encouraging the gang rape of a 15 year old girl on a Carnival cruise ship last month. The grand jury indicted Casey Dickerson on sexual abuse charges Wednesday for engaging in the rape of a girl in a cabin on the Carnival Sensation cruise ship.

The victim told the FBI that she and a friend went to Dickerson's cabin with him and four other boys. She said that Dickerson and the boys held her down and took turns raping her. 

Dickerson denies the charges but said he was drunk and didn't know when anything got "sexual." 

This is a case we have blogged about before here and here and here.  

The case demonstrates the danger of free flowing cruise booze and the danger to minors of sexual assault on cruise ships.

The good thing, if there is such a thing, about this case is that the FBI actually made an arrest and there will be a federal prosecution - which is rare.

Casey Dickerson - Carnival Sensation Cruise Ship Gang Rape

Photo credit: FanDaily

Police in Cayman Islands Investigating Sexual Assault of Cruise Ship Passenger

Cayman Islands - Cruise Ship A newspaper in the Cayman Islands is reporting that the Royal Cayman Islands Police Service is investigating a reported sexual attack on a female cruise ship passenger.

The incident happened on Friday July 27, 2012 according to the local police in the Cayman Islands. The newspaper account is very vague. The newspaper states only that the incident involved a female cruise passenger "in the George Town area" that led to the arrest of a 43 year old man on August 18, 2012 on suspicion of attempted rape.  No charges have been filed and the suspect was reportedly released on bail. 

The newspaper states that the incident "was not proactively reported by the police service."

The newspaper did not identify the name of the cruise line or the cruise ship.  This is quite common in the Cayman Islands and other Caribbean countries which do not wish to cause embarrassment to the cruise lines which call on their ports.  

If anyone knows which cruise ships were in the Cayman Islands on July 27, 2012 please leave a comment below.

April 29 2014 Update: A Caymans newspaper states that Shawn Mourao, 45, the owner of Cayman Shaun Mourao Caymans RapeStyle Ocean Adventures, was charged with three counts of indecent assault in the case and is the subject of an Interpol warrant seeking his arrest after he failed to appear in court and fled the Caymans. He is believed to be in South Africa.

The woman was a Carnival cruise ship passenger who had booked a seven-day “Exotic Western Caribbean Cruise” that included stops in Mexico, Belize, Roatan and Grand Cayman. She paid $79.99 for a “beach party and snorkeling shore excursion” in Cayman. Cayman Style Ocean Adventures was the tour operator that provided the tour for Carnival. 

The newspaper states that woman went on the excursion around 1 p.m. on July 27, 2012, and returned at 4:30 p.m. to George Town harbor. She asked the tour boat captain where she might find a restroom. He led her to a small room in nearby shopping center where she was assaulted. The woman repeated pleas for the suspect to stop, and she eventually escaped, running off half-naked to find her friend with whom she was on the cruise.   

In addition to the owner fleeing the jurisdiction, the tour operator in the Caymans dissolved as well apparently to avoid legal liability for the rape.

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

Headline News: "Horror on the High Seas: Rape Alleged on Cruise"

Last night HLN reported on the highly publicized sexual assault incident on the Carnival Sensation cruise ship.  A 15 year old girl alleges that she was gang-raped inside a cabin during a Caribbean cruise. A 31 year old man allegedly encouraged two underage boys to join him in sexually assaulting the girl. 

Jim Moret interviews our former client, Laurie Dishman, who is a sexual assault survivor and the Senior Vice President of the International Cruise Victims ("ICV").

Ms. Dishman states in the video that Carnival's all-you-can-drink booze package is dangerous in an environment where there is minimal security and excessive drinking. The suspect in this latest rape case reportedly provided alcohol to the boys who committed the rape.

 

Lawsuit: Royal Caribbean Crew Member Rapes Cruise Passenger Aboard Royal Caribbean's Navigator of the Seas - Surveillance Camera Shows Victim Trying to Escape

The Miami Herald reports that a Royal Caribbean crew member sexually assaulted a passenger during a New Year’s cruise according to the allegation in a lawsuit filed last week.  The newspaper reports that the sex attack was partially captured on surveillance video.

The woman was attacked on January 1, 2012 while cruising aboard the Navigator of the Seas during an Eastern Caribbean cruise. 

The Herald explains that on the morning of the attack, the victim had gone to an upper-level deck to use a whirlpool. She then asked a crew member for a towel, and he led her into a bathroom, where he assaulted her.  The cruise ship's CCTV surveillance video captured images of the victim trying to Navigator of the Seas - Rape - Cruise Shipescape, only to be dragged back in to the room. 

The woman slipped away and reported the attack to ship security.

The woman's lawyer told the newspaper that he believes that Royal Caribbean's security officers took the man into custody and "kicked him off the ship at the next overseas port."

“This is a problem in the cruise industry and if the company cared, it wouldn’t just turn this guy loose in the nearest port. You need to cooperate with the victim and assist in bringing him to the proper authorities.”

The cruise line claims that it reported the incident to the FBI and local law enforcement in St. Kitts.

As we have mentioned in many other article, the FBI has a terrible record investigating cruise ship rapes. 95% of FBI investigation go nowhere and the alleged crew member rapists go free - often ending up working for a different cruise line after spending a few months at home.

Earlier today we reported on the rape of a Royal Caribbean cruise passenger in Cozumel.

Last month we reported on the rape of a passenger by a crew member aboard the Equinox, operated by Royal Caribbean's sister company Celebrity Cruises.  CNN aired a special Predators at Sea about a Royal Caribbean crew member raping a fifteen year old child. 

In March we discussed the sexual abuse of a minor aboard the Enchantment of the Seas.  

Literally hundreds of women and children have alleged being sexually assaulted on Royal Caribbean and Celebrity cruise ships over the past decade. We have attended 7 Congressional hearings since December 2005 which have studied the issue of cruise passenger safety.

Cruise lines like Royal Caribbean typically under-report the actual number of crimes which occur during cruises. For example, in 2006, Royal Caribbean told Congress that 66 rapes and sexual assaults occurred 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 rapes, sexual assaults and sex-crimes related incidents 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."

British Cruise Passenger: Crew Member Raped Me on the Celebrity Equinox

The U.K.'s Mail Online reports today that a 27 year old British passenger alleges that a Celebrity Cruises ship employee raped her in her cabin aboard the Celebrity Equinox.

The article reports that the crew member, believed to be working on the cruise ship in the entertainment department, met the passenger in a bar and spent several hours drinking with her.  He then allegedly followed her back to her cabin where he raped her.  The articles states that although she said she was tired and going to bed, the crew employee attacked her. 

The Celebrity Equinox had left the Italian port of Civitavecchia and the arrest came some 17 hours later.

Rape Aboard Celebrity Equinox cruise ShipThe arrest took place after ship video showed the crew member and passenger in the bar, with him then following her back to her cabin. 

The woman was seen by a doctor on board the ship.

Celebrity's parent company, Royal Caribbean Cruises, has not made a comment to date about this alleged crime. 

The last rape aboard the Celebrity Equinox we reported on was last September - Perfume Sales Assistant Alleges Rape Aboard the Celebrity Equinox

As we mentioned in our prior article, 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.

After 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.  

Unfortunately, Celebrity Cruises does not warn its guests of the history of men attacking women during cruises.

Women on cruise ships need to be aware of the danger of rape by crew members, especially after drinking alcohol.

 

July 20, 2012 Update: We were informed that the crew member who allegedly raped the passenger was an IT employee. 

July 21, 2012 Update: A newspaper in Italy identified the alleged rapist as an American. 

Sexually Assaulted On A Cruise Ship? Call Cruise Law in Miami.

There has been a lot of news lately about cruise ship disasters, like ship fires, groundings and sinkings. But the most likely danger that a passenger, woman or child, faces during a cruise is rape.

Cruise ships are essentially floating cities.  Increasingly larger floating cities at that. Like any city, a cruise ship has crime.  Over the past decade the most likely crime on a cruise ship we have seen is rape.

Cruise lines deny that rapes occur frequently.  Just two days ago the cruise lines issued a PR release Cruise Ship Crime - Rape - Sexual Assaultstating that cruising is "absolutely safe." This is part of the problem.  The cruise lines are so motivated to portray an image of an "absolutely safe" vacation experience that they will go to great lengths to protect that marketing image, including cleaning crime scenes and covering the crimes up.

A decade ago, we obtained a confidential internal study (pursuant to a court order) in which one cruise line concluded that sexual crimes occurred "routinely" in its fleet of cruise ships.  It then embarked on a campaign of representing to the public that such crimes were "rare."

During a series of Congressional hearings several years ago, the same cruise line told Congress that it had 66 rapes over a period of 3 years, for an average of 22 rapes a year.  But during a court case, a trial court in Miami ordered the cruise to to produce its internal documents which revealed the truth - the cruise line actually 273 incidents of sexual assault, harassment and "inappropriate sexual touching."

All of the major cruise lines track sexual crimes and know that there are hundreds of incidents of sexual assault and battery each year during cruises.   

Walker & O'Neill maritime lawyers in Miami handle cases exclusively cases against cruise lines.

Our firm has handled many sexual assault cases and molestation cases involving against Carnival, Celebrity, Cunard, Norwegian, Princess and Royal Caribbean cruise lines.

In the cases we have handled, the shipboard rapes were committed by a wide variety of cruise employees - staff captain, ship doctor, chief engineer, hotel director, security guard, cabin attendant, bartender, cleaner, and child supervisor.  The sexual assaults occurred in various locations on the cruise ship, with the most common locations being the passenger cabin, storage room, and crew bathroom.  The most likely assailant?  A male cabin steward from a country outside of the U.S. where it is impossible to conduct a meaningful background check.

Don't expect the cruise lines to be your friend.  They will take the side of their employees every time. And for a number of reasons, law enforcement, especially the FBI, has a terrible record of prosecuting crimes which occur on the high seas.   

Jim Walker - Walker & O'Neill Maritime Lawyers - Cruise LawJim Walker and Lisa O'Neill are both cum laude graduates from Duke University where they met 34 years ago. Jim attended Tulane Law School in New Orleans and has practiced maritime law since 1983. Lisa was a member of law review at the University of Florida Law School and has practiced law since 1985.

Jim and Lisa have represented several sexual assault cruise victims who testified before our U.S. Congress.  These women were assaulted by a bartender, a part-time security guard and even a diving instructor during a cruise sponsored excursion.  

Examples of settlements for cruise ship rape and molestation we obtained include: over $3,000,000, $2,500,000, $1,500,000, $1,000,000, $900,000, $650,000, $500,000, $385,000 and $250,000. (All cases are different, depending on the facts.  These settlements may not be reflective of the reasonable compensation in your case).

Here are what people are saying about Jim:

"Top Maritime Lawyer" - ABA Journal.

"Top Cruise Lawyer" - USA Today.

"Prominent Private Practice Maritime Attorney" - Fox News.

"Prominent Cruise Plaintiff Attorney" - Law.com (America Law Media).

If you or your child were assaulted during a cruise, don't hire a lawyer who practices "cruise law" on a part time basis. Contact the Cruise Law attorneys in Miami and let us be your advocates.

If you have a situation to discuss, email us right away: jim@cruiselaw.com or call our toll free number for a free and confidential consultation: 1 800 256-1518.

 

Photo credits:  Carnival cruise ship at Government Cut, Miami - Jim Walker 

Suspect Pleads Guilty of Raping Minor on Royal Caribbean's Allure of the Seas Cruise Ship

Royal Caribbean Cruise Ship Rape - Sexual Assault A 20 year old Brazilian man pled guilty this week to two counts of lewd and lascivious battery in the rape of a 15 year old girl on the last night day of a Royal Caribbean cruise.

Broward Circuit Judge Matthew Destry sentenced Luiz Scavone to one year in jail and declared him a sexual offender.

Federal officials will then deport Scavone back to Brazil after he serves his jail sentence.  If Scavone returns to the United States, he will be required to notify corrections officials and be supervised as a sex offender. 

During the cruise, Scavone and a 15 year Brazilian teenager lured the young girl from a teen center back to their cabin where they took turns sexually assaulting her.

The crime took place on Royal Caribbean's Allure of the Seas cruise ship. 

We previously reported on this sexual assault on the Allure of the Seas in our articles Two Rapes Alleged on Royal Caribbean's Allure of the Seas Cruise Ship and International Media Focuses on Royal Caribbean Cruise Rape Case

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?"  

 

  

Was a Passenger Sexually Assaulted on the Carnival Victory?

Carnival Victory Cruise Ship Rape  Several people have informed us that Carnival is investigating an incident where a cruise passenger awoke on the Carnival Victory cruise ship in a crewmember's cabin with bruises and little recollection of events.

The issue of cruise ship rape is one the cruise industry nastiest secrets.

Was a passenger raped on the Carnival Victory?

We have reason to believe that two crewmembers are under scrutiny.

There are online reports that a Maitre'd from Macedonia and a waiter from Croatia were arrested for the alleged rape of an underage girl.

Our Federal Bureau of Investigation (FBI) has a spotty history of investigating shipboard rapes.  Was the alleged incident timely and accurately reported by Carnival to the FBI?  Has there been an arrest?

Crewmembers were arrested recently for engaging in sexual abuse of a 16 year old girl on the NCL Norwegian Star, a child on a Cunard cruise ship by a child activities supervisor, a 14 year old girl on Royal Caribbean's Adventure of the Seas, a 15 year old girl (by another passenger) on Royal Caribbean's Allure of the Seas, and a 14 year old girl aboard the Carnival Freedom.    All of this in just three months.

A rape is the last thing that Carnival wants to deal with after the Costa Concordia disaster and the Costa Allegra ship fire.      

The Carnival Victory is sailing a 7 Night Southern Caribbean itinerary and departed San Juan today.

You can read about cruise ships rapes here.  Rapes of children on cruises here.

We have represented over 75 women and children raped on cruise ships including Carnival, Celebrity, Norwegian and Royal Caribbean cruise lines, among others. 

The last time the Carnival Victory was in the news was following the murder of a 14 year old passenger ashore in St. Thomas last year.  We are representing the victim's family in a case we reported on here

Were you on the cruise last week?  If you have information to share, please leave a comment below.  

January 23, 2013 Update: Bad Times Aboard the Fun Ships: Passenger Alleges Rape Aboard Carnival Victory Cruise Ship 

Are Cruise Ships a Perfect Place to Commit Crimes?

Rebecca Coriam - Missing - Disney Wonder Cruise ShipFollowing the airing of "Lost at Sea" program on Australia's Dateline television program, a newspaper in Australia published a short article entitled: "Cruise Ships Perfect Ground for Predators - Investigation."

The Herald Sun mentions our firm and the case of Rebecca Coriam who disappeared from the Disney cruise ship Wonder.  The article also mentions case of members of the International Cruise Victims (ICV) organization:

"Criminals are more likely to get away with serious crimes on cruise ships than anywhere else, a maritime lawyer has warned, with 200 people vanishing at sea worldwide in the past decade.

Jim Walker said about half the disappearances have some factor of foul play.

"The place to get away with a crime is on a cruise ship,'' he told the SBS program Dateline.

"The place to be a sexual predator and prey on children is on a cruise ship."

"If you're a rapist, you're more likely to get away with committing the crime on a cruise ship on the high seas.

"All of this is happening out in international waters, typically.

"There are no policemen on the scene . . . You can't summons a police officer who will run onto the crime scene. So they're out there by themselves.'' 

In Australia, the death of Australian woman Dianne Brimble received widespread media coverage with Dianne Brimble - Cruise Ship Victimstrong criticism of the party culture that existed aboard cruise ships.

Ms Brimble died aboard a P&O Cruise ship of a drug overdose after consuming a date rape drug and is alleged to have received callous treatment from passengers she was with at the time of taking the drug.

Mr. Walker said the cruise industry knew it had a problem more than a decade ago and tried to fix it through slick advertising and marketing, rather than taking the hard steps they needed to really clean their act up.

"You have cabin attendants now who are being hired from Third World countries - no disrespect to small Caribbean islands - that have no databases.

"You can't track them even if you wanted to."

"You don't know what you're getting. But you're hiring a 28-year-old man to be responsible for 12-year-old girls' cabin.

"Mum and dad don't know what's happening. They're at the casino, they're at the show, they're up at the nightclub, and the cabin attendant gets back into the cabin - that's still happening. Those cases are still happening.''

While the cruise industry has followed some guidelines, such as installing peepholes in cabin doors, Dateline reporter Nick Lazaredes said few ships had upgraded their video systems or installed man-overboard alarm systems.

Those who have gone missing at sea include 23-year-old English woman Rebecca Coriam, who disappeared while working on the Disney Wonder cruise ship.

Her family was shocked to learn that there would be no US involvement in investigating her disappearance.

When the family of 20-year-old son Blake Kepley, who went missing on a family cruise to Alaska, Merrian Carver - Missing - Celebrity Cruisesrequested that the captain review footage from security cameras, they were told that wasn't possible.

Ken Carver's 40-year-old daughter, Merrian, also vanished off a Celebrity Cruises voyage to Alaska in 2004.

Mr Carver, who is now president of an activist group called International Cruise Victims, said he was stonewalled at every turn as he searched for answers to her disappearance.

The story eventually became the subject of five congressional hearings, which resulted in America's cruise, vessel and safety act.

The newspaper contained links to some of the more disturbing stories the cruise lines would prefer you not know about:

CBS: Woman Speaks Out About Cruise Ship Crime

BBC: Cruise Passengers 'Not Protected From Serious Crime'

Guardian: Rebecca Coriam - Lost at Sea

ABC (US): Cruise Cover-Up?

I am also posting the Dateline Special "Lost at Sea" in case you have not seen it yet:

 

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

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

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)