Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

This week we have been contacted by a number of readers who want to know the status of the criminal proceeding against a Carnival crewmember who is accused of sexually abusing a 14 year old girl aboard a Carnival cruise ship.

The incident occurred last month and you can read our initial account of the incident here.   

The crewmember involved is identified as Kert Clyde Jordan, age 35 from the country of Grenada, who worked as a waiter aboard the Carnival Liberty cruise ship.

According to the affidavit of the arresting FBI agent, the young girl was vacationing with family members aboard the Liberty cruise ship during a cruise from October 29th to November 5th of this year.  On the last night of the cruise at around 11:45 PM, crewmember Jordan encountered the girl, age 14, on the upper deck (Lido deck).  She told him that she was 14 years old.  At around 12:15 AM, Jordan led her a bathroom where he engaged in sexual acts with the child until around 2:00 AM.

The girl reported the incident to her mother the following day after the family returned home following the cruise.  Her mother took her to a hospital in her home state where she underwent medical treatment.  The local police were notified and, in turn, contacted the FBI here in South Florida on November 9, 2011.

On November 19, 2011, the FBI boarded the cruise ship and questioned Jordan, who waived his Miranda rights.  The FBI agent showed him a photograph of the girl, who he acknowledged seeing on the cruise and admitted that she advised him that she was 14 years old.  He also stated that he took photographs of the minor with his cell phone.

The FBI agent also stated that Jordan admitted to committing sexual acts with the girl.

Under federal law, sexual contact with a minor is a felony.  Here Jordan was charged with violating United States Code Section 2243(a)(1) which prohibits a sexual act with a child over the age of 12 but under the age of 16.   

If Jordan in fact waived his Miranda rights and admitted that he knew that the girl was only 14 years old, he will likely be convicted.  The maximum sentence for this type of crime is 15 years in prison. 

Jordan's arraignment was last week and a jury trial will be scheduled for later this year.  He remains in jail. 

Our prior article on this case drew a number of comments, including from people who claim to be family members or friends on the cruise ship.  Some of the comments question the veracity of the minor's claim because she reported the incident after the cruise.  Victims of sexual abuse often report the crime after the fact.  In this case the minor reported it the following day, which is not unusual at all.

There are some unusual comments to our article, including comments from someone who claims to have been a passenger who engaged in sex with Jordan on the same day as the incident involving the 14 year old girl.

We have no basis to verify these comments.  But if true, they raise the issue whether this crewmember engaged in sexual activities with women and underage girls in public bathrooms on the ship during prior cruises.

Photo credit:  wikipedia (Captain-Tucker)

• Comments (2)

The U.S. Attorney's Office in Miami announced today that it is charging a Carnival Cruise crewmember with sexually abusing a 14 year old passenger aboard the Liberty cruise ship.  

According to the criminal complaint filed against the cruise ship employee, Carnival crewmember Kert Clyde Jordan, age 35 of Grenada, engaged in unlawful sexual abuse of  a 14-year old girl while she was cruising on a vacation with her family on the Carnival Liberty.  Under the United States Code which applies to maritime crimes on the high seas involving U.S. citizens, foreign crewmembers can be charged with "sexual abuse."  There is no federal crime involving rape on the high seas against minors. 

Carnival employed crewmember Jordan as a waiter on the Liberty.  The incidents in question occurred in a bathroom on the lido deck of the cruise ship.

The young girl reported the crime to her family after returning home. 

A pre-trial detention hearing is set for December 1st in the U.S. District Court for the South District of Florida here in Miami.

We have reported on many crimes involving young girls on cruise ships before.  Unfortunately, cruise lines like Carnival do not warn parents of crimes like this although they are frequent.  Just a few days ago we reported on "Serial Rapist" Sentenced to 10 Years for Rape of 13 Year Old During Carnival Cruise.

You can read about cases where child predators abuse children in cases on a Royal Caribbean cruise ship like this or where a Carnival crew member rapes a 14 year old girl like this.   

Even supposedly kid friendly cruise lines like Disney Cruises have a history of sexual assaults against young girls on their cruise ships: Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship.

We have represented several rape victims before our U.S. Congress and have sued cruise lines on behalf of sexual assault victims on cruise ships and have recovered compensation from $100,000 to over $3,000,000 for our clients. 

December 10, 2011 Update:  Update on Alleged Sexual Assault of Child Aboard the Carnival Liberty Cruise Ship

Photo credit:  Carnival Elation cruise ship - Montego Bay Jamaica - Jim Walker

• Comments (9)

Al.com blog reports today that a 19 year old Mississippi man pleaded guilty to sexually abusing a 13 year old girl during a Carnival cruise ship last month.

Dylan Cole Bloodsworth, 19, pleaded guilty to sexual abuse of a child during the cruise, as well as enticing another young girl to engage in sex back in Mississippi.  We reported on this crime last April.

The blog states that a 13-year-old girl was taking a cruise to Mexico in March with her friend and her friend’s mother.  She met Bloodsworth on March 6th near the elevators onboard the Carnival Elation cruise ship and agreed to meet him on the top deck after dinner.  She later agreed to go with Bloodsworth to get a jacket from his cabin, where the sexual abuse occurred.

An affidavit filed by the FBI stated that the girl told investigators that she did not want to have sex with Bloodsworth and that he hurt her.  Bloodsworth's defense lawyer disputed that force or coercion were involved.  The bottom line is that the girl was too young to legally consent to sex, which is in violation of the Federal Statutes regarding sexual abuse of minors. 

The blog indicates that Bloodsworth faces up to 10 years in prison on both charges.

Photo: GulfLive.com

• Comments

The Miami New Times published a disturbing article this afternoon "Royal Caribbean Sued After 17-Year-Old Girl Allegedly Raped by Cruise Singer." 

The article by Michael Miller involves an encounter between a 17 year old passenger ("Jane Doe") and a 31 year old Royal Caribbean crew member employed as a singer in a band on the unidentified cruise ship.  After the crew member bought the minor a piña colada, two rounds of "Jaeggerbombs" and "a few more drinks," they ended up in the crew member's cabin where the rape allegedly occurred.  "Another man" (apparently another passenger) then ended up in the cabin and took pornographic photos of the drunken girl, according to the article.

The lawsuit alleges that the minor was required to prepare a written statement while she was still intoxicated.  She was then permitted a medical examination, where her blood alcohol level was .101. 

The curious part of the article is the newspaper writes "Royal Caribbean, which is based in Miami, could not be reached for comment regarding the lawsuit."  This is odd because the Miami New Times is here in Miami and a short distance down Biscayne Boulevard from the port where Royal Caribbean is located.  It is less than clear whether the reporter called the cruise line or tried to make contact with any law enforcement who may have been involved.

It is my understanding that the cruise line notified the FBI which quickly ended its investigation and arrested no one.  The cruise line then undoubtedly terminated the crew member involved.  Like most (alleged) cruise rapes, this case ended as soon as it was reported.  The (alleged) victim will be left with no recourse except to file a civil case.  The fired crewmember will probably end up working on a Carnival cruise ship in six months. 

What happened in the cabin?   Did a rape occur?  I don't know, I was not there.  There will be no criminal jury impaneled to weigh the evidence. 

But whatever happened, one thing is certain - the minor was served a great deal of alcohol, sold by a crew member to another crew member, both of whom knew that the cruise line has a policy against serving minors with alcohol.  The minor appears to have been drinking the piña colada, two "Jaeggerbombs" and "a few more drinks" in public, undoubtedly in view of other crew members who were aware that minors can't be served alcohol and that crew members cannot "fraternize" with passengers, whether they are adults or minors.

Incidents like this do not happen in a sober environment or in a serious setting where security personnel are on alert.  When I read these type of stories or am contacted by women in similar situations, I am quickly reminded of the "anything goes" mentality of shipboard life on cruise ships.  Did the parents of the girl (who are not mentioned in the article) have any idea how many incidents of overserving minors and sexual assaults occur during cruises?

Royal Caribbean needs to improve its alcohol policies and procedures. It needs to warn parents about dangers like this.  Cruise lines earn hundreds of millions of dollars a year pushing the sale of alcohol, some of which is consumed by young girls who end up in places on cruise ships where they should not be alone. 

Photo credit:  Royal Caribbean drink menu via Cruise Critic  

• Comments (2)

In May, we reported the arrest of a 30 year old bartender who was arrested after sexually assaulting a 14 year old passenger cruising with her parents on Carnival's Freedom cruise ship - Carnival Cruise Ship Bartender Arrested On Charges Of Raping 14 Year Old Passenger.  

Today a Federal District Court Judge in Orlando sentenced cruise ship bartender, Hery Krispiyanto, to over three years and to pay about $4,360 in restitution. 

The Orlando Sentinel covered the story in an article "Cruise Bartender Sentenced to Prison for Teen's Rape."

The minor girl told investigators that she was alone on the upper deck of the cruise ship when crew member Krispiyanto walked up behind her, grabbed her arm and pulled her into a nearby employee-only room and closed the door. The incident occurred in April 2009 and the girl told her parents in August.  Sexual assaults of minors on cruise ships are often not reported right away due to embarrassment.

Sexual assault of children is something the cruise lines like to keep secret.  We have discussed other cases before and you can read them about here.   

• Comments

The Orlando Sentinel reports today that a thirty year old Carnival crew member will be arraigned this week on allegations that he raped a 14 year old passenger aboard a Carnival's cruise ship.   

Hery Krispiyanto, age 30, from Klitren, Yogykarta (Indonesia) worked aboard Carnival's Freedom as a bartender.  A photograph from his Friendster page is below.

The newspaper reports that the 14-year-old girl was vacationing with her parents during the Carnival cruise which left Fort Lauderdale in April 2009.  During the cruise, the minor and her parents became acquainted with Krispiyanto.  When the minor was alone on the upper deck of the ship one night, Krispiyanto walked up behind her, grabbed her arm and pulled her into a nearby employee-only room and closed the door, court records indicate.  

Krispiyanto began to touch the minor inappropriately, and she repeatedly told him to stop. The minor said she tried to fight him, but Krispiyanto raped her, according to the criminal complaint lodged against the crew member.

The minor reported the incident to her mother in August, and it was then reported to the FBI.  A FBI agent interviewed Krispiyanto in April of this year and arrested him earlier this month.   

According to court records, when an FBI agent questioned Krispiyanto in April, he first denied the incident. But after a polygraph exam indicated Krispiyanto was being deceptive, he confessed to having sex with the minor in a pantry area on the cruise ship.  Krispiyanto is being held at the Seminole County Jail.

June 1 Update:

The arrest of the Carnival crew member is now receiving wide media coverage. The Palm Beach Post contains a story today "Carnival Cruise Ship Bartender Accused of Raping Girl, 14, During Cruise With Her Parents."  The Post's article contains what appears to be a mug shot of  Krispiyanto (right),

We have written many articles about the problem of crew members preying on children on cruise ships:

Sexual Assault of Children on Cruise Ships - A Problem the Cruise Community Wants to Forget

Why Cruises are NOT the Best Vacations with Kids

Should Travel Agents Be Liable For Falsely Representing That Cruises Are Safe For Kids?

Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship

Top Ten Reasons Not To Cruise: No. 1 - Cruise Lines Are A Perfect Place To Sexually Abuse Children

Credits:

Photograph top       Hery Krispiyanto's Friendster page

Photograph bottom    Seminole Co. Sheriff's Office (via Palm Beach Post)

• Comments (2)