A trial scheduled this month involving a Royal Caribbean cruise passenger who alleges she was gang-raped while ashore in Cozumel was averted when the federal court judge granted a motion filed by the cruise line to end the case.
The order granting Royal Caribbean's motion was posted on line by Leagle yesterday and can be read here.
The case involved a young woman from Royal Caribbean's Oasis of the Seas who was shopping in an area recommended by the cruise line. Royal Caribbean derives many millions of dollars in income when cruise passengers shop at the cruise-line-recommended stores.
The passenger left the ship and went to a shopping areas which Royal Caribbean recommends. After walking a few blocks down the main strip to a store called "Viva Mexico," the passenger turned around and subsequently encountered a man selling jewelry from a cart. The cruise line literature does not mention shopping cart vendors.
The man with the jewelry cart told her that he had other jewelry in his store and led her to a store not identified on the cruise line map but under the same roof of other cruise-advertised stores. The man then pushed her down a hallway and into a restroom where he forced her to perform oral sex on him. Four additional Mexican men then raped her orally and vaginally.
The victim hired lawyers here in Miami who sued Royal Caribbean for failing to warn her of the danger of sexual assault in Cozumel and recommending a shopping area where she was raped.
Royal Caribbean moved to end the case arguing that it had no duty to warn of dangers ashore off of the cruise ship - an argument the court quickly rejected.
The cruise line then argued that it had taken millions of passengers to the port of Cozumel but it was unaware of instances of sexual assault or violent crime specifically involving Royal Caribbean passengers or crew members in the shopping area depicted on the map or in Cozumel.
The court held that the case could not proceed without such evidence. The ruling is rather strange because there was no showing by the cruise line that it was unaware of rapes and violence against women other than passengers and crew in the shopping area and in Cozumel in general. When the victim's lawyer served subpoenas on the other major cruise lines (Carnival, NCL, etc.) to obtain evidence of how many other cruise line passengers and crew were crimes victims in Cozumel, all of the cruise lines objected.
The court also essentially ignored affidavits submitted by the victim's lawyers that there were other violent assaults in the area and crew members are aware of the dangers ashore in Cozumel and tell their supervisors, but the cruise line keeps the passengers in the dark.
The court also gave little weight to evidence submitted that to monitor security risks in places to which Royal Caribbean directs its passengers to in Cozumel, Royal Caribbean relies on United States State Department travel warnings, reports from its passengers and crew, the local police, and its port agent.
Just last week in a case involving a Royal Caribbean passenger who alleges she was raped at Senor Frog's in Cozumel, the local press reported that there were 7 cases of rape in the preceding six months. If Royal Caribbean claims that it didn't know of rapes in Cozumel, the cruise line is not doing a good job of staying informed of the crime in this Mexican port where it takes its guests and encourages them to shop ashore.
In addition, two travel warnings issued by the State Department were in existence at the time of the gang rape, which refer to Cozumel, rape, and sexual assault as a "serious problem" in resort areas.
The disturbing thing about the case is that Royal Caribbean went to great lengths to argue that before the rape, the young woman allegedly attempted to purchase "illegal drugs" while she was ashore shopping. Legally, it is irrelevant to the cruise line's duty to warn whether the passenger was previously trying to buy pot or some other "drug." No woman deserves to be raped - regardless of whether they are looking to smoke reefer, drink a pitcher of margaritas, or buy some over-priced jewelry in Cozumel.
Unfortunately this is one of the tactics cruise lines use to destroy the credibility of women raped on cruise ships and in ports of call.
This is a case certain to go on appeal, and may be reversed by the appellate court.
Photo credit: Fotki / Mark Chatfield