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

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)

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News sources around the world are reporting on intense fighting between the police and supporters of a criminal drug leader in Kingstown, Jamaica.

The United States is trying to extradite Christopher Lloyd Coke, also known as "Dudas."  He runs a drug operation where cocaine which is is grown by the drug cartels of Colombia is then shipped to Jamaica for distribution to the U.S. and U.K.   Dudas has support of the impoverished residents of ghettos in Kingstown who have barricaded sections of the city to keep the law authorities away.  The video below paints a grim image of this idyllic cruise destination.

We have written about the issue of crime in the Caribbean ports which has its roots in impoverished communities in the Caribbean which have drug trades.  Dubbed the "Murder Capital of the World," Jamaica has the highest murder rate in the world.  Just last week there were multiple murders in Falmouth where Royal Caribbean is developing a major port for its new mega-ships the Oasis of the Seas and the Allure of the Seas.   

Unlike cruise itineraries in Alaska which are perfectly safe, the Caribbean is a dangerous place to disembark cruise passengers. Yet, the cruise line continue to market violent destinations like Jamaica and the Bahamas as if they were sailing to a tranquil beach resort. 

Yesterday, the online cruise community Cruise Critic ran a short article "Jamaica Unrest -- Impact on Cruise Travel?" which mentioned that Jamaican authorities had declared a state of emergency in Kingston after attacks on police stations by gang members.  But by the afternoon, the cruise lines' PR people had already kicked into high gear.  Cruise Critic "updated" its story: Carnival, Princess and Royal Caribbean report back that it's business as usual for the lines in Jamaica. 

The cruise site even included a photograph of a beautiful tropical beach in Jamaica, surrounded by banners advertising cruises to the Caribbean for as low as $164 per person. 

May 25 6:00 P.M. Update:

Dozens killed as Jamaican police hunt alleged drug lord

May 27 Update:

Cruise sector stays afloat

At least 73 dead in Jamaican capital shoot-outs

Credits:

Video                      Al Jazeera    

Photograph           Cruise Critic

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The Vancouver Observer published an interesting article today which addressed, as the newspaper called it, the "moral dilemmas associated with cruise tourism."

The article was entitled the "Cost of Cruising," by Dr. Ross Klein.  In addition to addressing the effects of cruise pollution, it raised the issue of crime aboard cruise ship - particularly sexual assaults:

"The rate of sexual assault and sexual harassment on Royal Caribbean International’s ships in the period 2003 – 2005 was approximately 50 percent higher than the rate in Canada.  

The rate of sexual assault on Carnival Cruise Lines’ ships from October 2007 - October 2008 similarly was 50 percent higher than the rate in Canada.  These assaults were perpetrated by crew members as well as by passengers, and the victims were both crew members and passengers.

It is astonishing that more than 17.5 percent of the sexual assault victims were minors – children under the age of 18.  While Royal Caribbean International appears to have improved its record between 2003 – 2005 and 2007 – 2008, the problem still exists.  Passengers need to be aware that cruise ships are not as safe as purported to be, and that they (and their children) need to take the same precautions on board a ship as they do in any major city." 

Dr. Klein's resarch led him to conclude at least 79 minors were sexually assaulted from 2003 - 2005 on Royal Caribbean cruise ships.

We recently discussed the issue of sexual abuse of children on cruise ships.  This is a very real risk.  The cruise industry tries to keep these crimes secret from the U.S. public.

Photo Credit:             Mail Online

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Cruise Critic ran an article last week about the Top 10 Reasons Not To Cruise  When Cruise Critic claimed "Cruise Ships are Family Friendly" and posted the photographs from a Royal Caribbean teen center (below), I had heard and seen enough.  I responded with my article "Top Ten Reasons Not To Cruise." 

Here's reason no. 1:

Cruise Lines Are A Perfect Place To Sexually Abuse Children

The purpose of my article is not to convince anyone not to cruise, but to educate consumers regarding the dangers inherent in and the consequences of cruising.  It you want to cruise, that's your business not mine.  But at least educate yourself before you expose your family to danger. 

Some Facts:

The cruise industry is big, rich, and growing.  It is a real juggernaut.  Cruises are cheap and considered to be "good deals."    

Close to fourteen million passengers will sail this year on cruise ships from companies based in the U.S.  The cruise industry claims that 95% of the passengers believe that cruising is a positive experience.  And I have no reason to dispute that figure.  But that leaves 5%, or around 700,000 people, with a negative experience.  Included in this group are parents whose children were raped or sexually molested on cruise ships.

Cruise lines are not legally obligated to report sexual assaults of children, or any crimes for that matter.  Currently pending before the U.S. Senate is the Cruise Vessel Safety and Security Act, which will require - for the first time - that crimes be reported to the FBI and the U.S. Coast Guard. When this law is enacted, cruise lines will also be required to reveal the crimes to the U.S. public via a link on their web pages.

But at the current time, the only sources of information are when courts order the cruise lines to reveal the crimes during lawsuits.  Other sources of cruise ship crime include watchdog sites like CruiseBruise, which tracks crimes against children, and Cruise Ship Sex Offenders which lists passengers and crew members accused of sex crimes.  Another good source is Dr. Ross Klein's CruiseJunkie.  Dr. Klein testified before our U.S. Congress several times and concluded that "Your Risk of Being Sexually Assaulted is Much Higher on a Cruise Ship Than in the Average American City."  Based on data we obtained in court cases, Dr. Klein concluded that at least 79 children were sexually assaulted or harassed on Royal Caribbean cruise ships alone from 1998 to 2005.

Our Experiences:   

The first case I handled involving sexual abuse of a minor on a cruise ship was in 1999.  A pedophile crew member gave a 14 year old boy a dozen glasses of champagne and took him back to his cabin.  He shaved the boy's pubic hair off and molested him when was was unconscious.  The cruise line responded by offering the family 50% of their cruise fare for their troubles.

Since then, we have handled over 70 cases involving sexual assault, with many children as victims.  We obtained, via a Court order, several secret internal studies by Royal Caribbean which concluded that sexual misconduct on cruise occurs "frequently."  At the same time, the cruise line's PR people were telling the American public that sexual assaults during cruises was "rare."  We also obtained spread sheets which revealed that there were 273 incidents of sexual misconduct on the Royal Caribbean fleet for a period of three years, including rape and sexual abuse of minors.

A False Sense of Security

Parents believe that they can turn their children over to the "teen activity centers" or that the kids are safe alone in their cabins or walking the hallways and decks of the ship.  Parents are encouraged to let their guard down, grab a cocktail or two, and relax. 

The number one crime we see on cruise ships is when the parents stay out late at the disco or casino, and they leave their 12 year old son or 14 year old daughter alone in the cabin.  Many kids get tired after a fun day at the pool or after an excursion ashore, and they don't want to go to the second seating at dinner.  There are far too many cases where the cabin attendant will use their key card to access the cabin when the parents are away. 

Victim organizations, like International Cruise Victims (ICV), have proposed good recommendations to address this problem.  The ICV proposes deactivating the key cards of crew members after hours so they can't use them to get into the passenger cabins, using female cabin attendants rather than 25 year old males, or assigning supervisors to monitor the passenger cabins.  Most cruise lines have ignored these recommendations, and conduct business as usual.  Just last week we were contacted by the parents of a 16 year old sexually abused by a crew member who used a key card to get into the cabin when the parents were away.   

The other most likely scenario is when men or older teenagers target 13 and 14 year olds in the youth programs or confront them when they are trying to make their way back to their cabins.  To get an idea of how this happens, consider reading Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship.

No Background Checks, Too Much Alcohol and Too Little Security

Cruise lines do not perform background checks on their crew members.  They rely on the hiring agents around the world to (hopefully) do that for them.  But what kind of a pre-employment investigation can be done in Nicaragua, India, St. Vincent, or Belize?  There are no computer databases or depositories of information for criminals or sexual predators in countries like these.  The other problem is that cruise lines do not share their crime data.  When Royal Caribbean fires a sexual predator, he can find work on another cruise line, like Princess Cruises, within a few months.  We have seen it happen. 

A major problem on cruise ships is alcohol.  Cruise lines earn literally hundreds of millions of dollars a year selling booze.  Older teenagers or young men can entice 15 and 16 year old girls to go back to their cabins and drink.  Parents who have zealously watched over their children for 15 years can find themselves with no clue where their kids may be during much of the cruise.  The Oasis of the Seas, for example, has several thousand cabins.  A lot can go wrong by behind these closed cabin doors.   

Compounding matters is that cruise ships have few security guards. Sometimes as few as two guards are on duty at night, and they do not actually patrol the passenger hallways.  Most cruise ships have hundreds of waiters, assistant waiters, bar tenders and bar servers who work on only $50 a month plus tips, and whose job it is to push alcohol sales.  But security guards?  Maybe 2 or 3 are on duty at any one time, and they are responsible for the safety of 2,000 - 3,000 guests? 

Cruise Ships Hide Information and Destroy Evidence

In the U.S., you can obtain a crime grid for every business and residential address in the U.S.  If you want to know whether the local child care facility or sleepover camp has had a crime in the past, just ask the local police to run a crime report and the information is there for the asking.  But cruise lines keep the crimes secret.  Trust us, they say.  We will take care of your kids.  Don't worry, have fun.

But when things goes wrong, the cruise line will treat your family like criminals. There is no independent security or police authorities aboard the ship. You are on the high seas - a no man's land - often thousands miles from the closet FBI office.  Cruise lines are notorious for covering crimes up.  They do not want the legal liability or public spectacle of a crew member being led off their cruise ships in handcuffs.  They will defend their employee and accuse little Susie of making things up.  That's why some cruise lines, like Royal Caribbean, have never had a single crew member convicted of sexual assault of a minor in the company's 40 year history.

And as long as no one gets convicted, sexual predators know that nothing will happen to them if they go on a cruise.  Its the perfect place to sexually abuse a child.   

We have written many articles about the problem with children being sexually assaulted during cruises:

Perverts, Child Predators and Cruise Ships 

Cruise Ship Passenger Sentenced in Child Porn Case

Another Crew Member Arrested for Child Pornography  

Why Cruises are NOT the Best Vacations with Kids 

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

Tomorrow, we will discuss reason no. 2 not to cruise: Cruise Ships Are A Perfect Place to Commit A Crime, And Get Away With It!

Do you agree, disagree, or have a comment to make?  Let us hear from you in the comments below.

Credits:

Teen center photograph        Royal Caribbean Cruises (via Cruise Critic)

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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:

"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.

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."   

Credits:

Oasis of the Seas - Nassau          Bahamas Press

Senor Frogs                                      Casch52 Flickr photostream

Cruise ships in Nassau                 Elenor Snow

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A newspaper in Rochester, New York reported yesterday that a passenger was indicted for sexually abusing a thirteen year old girl during a cruise back in December of 2006.  The passenger is alleged to have threatened to throw the child overboard if she called for help.

Twenty-four year old Lucas George Wickes (photo left), of Rochester, New York, was indicted for the felony offenses of sexual abuse and aggravated sexual abuse of a minor on the high seas. 

The Office of the U.S. Attorney for the Western District of New York issued a press release last September entitled "Rochester Man Charged In Aggravated Sexual Abuse On High Seas Case." 

According to the press release, "on or about December 31, 2006, a 13-year-old female boarded a cruise ship departing from Port Canaveral, Florida to embark on a cruise with her family. In the early morning hours of January 1, 2007, after attending the teen nightclub, the female was walking around the decks with a couple of other teenagers when they were approached by the defendant who indicated that they should be returning to their cabins. The female followed defendant who took her to another deck and then forced her to take her pants off and perform oral sex on him, threatening to throw her overboard if she screamed . . "

We have written about the sexual assault of children in prior blogs:

Perverts, Child Predators and 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?

What is striking about the U.S. Attorney's press release and the news articles "covering" this story is that the name of the cruise line is not mentioned.  We see this quite a bit.  Law enforcement and/or reporters sometimes try and protect the cruise lines from bad press.  

There is an article on line from CruiseBruise indicating that the cruise ship is the Disney Wonder. CruiseBruise covered this story several years ago in an article entitled "Alleged Sexual Assault on Child - Disney Wonder."

It is a real disservice when the name of the cruise line is kept secret.  Many parents have a false sense that their kids are safe on cruises.  We have learned of sex crimes like this on cruise ships, even on cruise ships which cater to families.   

Credits: 

Photograph of Lucas George Wickes         CruiseBruise

Disney Wonder Kid's Club           MPR529 Flickr Photostream via Hub Pages

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Today I read a travel agency's twitter feed "Safety for Children on Cruise Ships."  I am interested in this issue after representing 60 clients sexually assaulted on cruise ships, including children.

I was hoping to see some good safety tips in the article to keep children safe. Boy was I disappointed.  Not only were there no useful safety tips but the travel agents made the following comment:

 . . . most parents also like the fact that a cruise also allows you to spend some time apart from your kids, knowing that they are well taken care of.

Royal Caribbean, Disney, Celebrity and many other cruise lines have special programs for children, supervised by crew members who are specially qualified and trained to work with kids.

Unfortunately, this is simply not true.

We have represented many families whose children have been molested by youth counselors on cruise ships.  Other children have been victimized by crew members or even other passengers when they were suppose to be under the supervision of the counselors.  Others have been taken into cabins by older teenagers and men and raped when they were trying to walk back to their cabins after the kid's activities ended.  

Another dangerous situation is when parents leave their kids in the cabin to see a show, or they want to stay up late in the casino or disco. A cabin attendant can open the cabin door with his pass key when the parents are away. As I have said in a prior article, 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.  

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. 

Many travel agents shy away from unpleasant facts.  But it is another thing to affirmatively represent that children are safe and crew members are "specially qualified and trained." 

Exactly what "special qualifications" does the crew member you entrust your child have?  Why don't you ask the crew member before you drop your child off in the "kid's club."  Don't be surprised when they look at you with a puzzled face. 

If you are a travel agent reading this - do you think that you face liability if you make a representation that kids are safe to a client and a crew member molests your client's child during the cruise you just sold?  I know the answer.  Do you?  

Before you make a false statement in the hope of making a sale, take a moment and read the following articles:

Perverts, Child Predators and Cruise Ships 

Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships

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

Cruise Ship Passenger Sentenced in Child Porn Case

Why Cruises are NOT the Best Vacations with Kids

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Yesterday, 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.

Steven 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! 

But 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

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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: 

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The House of Representatives passed the Cruise Vessel Safety & Security 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.  

Congressapproved 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 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 identifying 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 Caribbean 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 victims.

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:   

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From time to time, Cruise Law News will have a guest blogger.  Caitlin Burke is our first guest author.  Ms. Burke is a recent graduate from the University of Florida.  She majored in Recreation, Parks and Sport Management.  Ms. Burke wrote a senior honor's thesis entitled a "Qualitative Study of Victimization and Legal Issues Relevant to Cruise Ships."  

She is working as a case manager for Walker & O'Neill as she prepares for law school.  We are lucky to have her at our firm.  Ms. Burke addresses the danger of parents leaving their kids in child care facilities on cruise ships:   

Don't Lose Touch With Your Kid On Cruise Ships   

A recent article, posted by a travel agent, entitled "Why Cruises are the Best Vacations with Kids," states several reasons why cruising with children is such a "great idea."

In theory, if all of the points were as fun-filled and squeaky clean as portrayed in the article, then yes, I would 100% agree that cruising with children is a great way to rid you and your better-half of all responsibility for your kids.  After all, this is a "family" vacation and you’ve earned it. What better way to spend it then drinking booze and frolicking in the sun while your kids are conveniently being monitored by untrained, overworked staff?

Parents - Don't Let Your Child Be A Cruise Crime Statistic  

This article upsets me not because I think family vacation should indeed involve the whole family. But because this "have fun while your children spend the day in the child activity center" leads parents to believe (thanks to great advertisements) that their child is indeed being monitored by qualified staff members.  After working at a small maritime law firm in Miami for only a couple months, I’ve already seen two cases involving minors who were sexually assaulted when they were supposedly being monitored at a teen activity center.

Let me restate this, 2 kids sexually assaulted in 2 months.

In my opinion, if this were to happen in a daycare or teen center anywhere in the U.S., it would be broadcasted nationally and investigated thoroughly.  Everyone would be asking how did this happen?  How did the adult get to the child?  Who was suppose to supervise the the child?  Was a background check conducted?

You better believe the media would be all over the story.  But because the assaults occurred on a foreign cruise ship in international waters (not to mention an effective effort on behalf of the cruise line to keep the mater hushed up), the stories hardly get covered and few questions are asked.

Cruise lines are notorious for failing to conduct thorough background checks on employees.  They are notorious for promoting the teen centers and advertising "just how safe they are."  And they’re notorious for covering up sexual assaults and rapes on their cruise ships.

Responsible Parents Ask Questions Regarding Responsibility

So before you kick back, grab a cocktail, and float away into oblivion, take a moment and ask yourself a few questions:

1.  Are the cruise line counselors who you are entrusting your kids to really qualified? Consider asking them - how long have they worked on the cruise ship, and what makes them qualified?

2.  Will your children actually be supervised? Will they stay in the activities center?  If they leave the center, will they be supervised?  How many supervisors are there?  Can the kids run wild on the ship?　

3.  Can your child use a walkie-talkie and be reached at all times?

4.  Are older teenagers permitted to mingle with the 13 and 14 year olds?  Are adults permitted into the centers?

5.  Has any child been molested or sexually assaulted on the cruise ship?

Keep your guard up.  Don't let a cruise vacation of a lifetime turn into a nightmare. 

Are you are interested in this issue?  Then consider reading Jim 's blog entitled: Perverts, Child Predators and Cruise Ships.

Would you like to be a guest blogger regarding issues of cruise safety?  The rights of passengers and crew members?  The protection of the environment from cruise pollution?  Then email me at caitlin@cruiselaw.com and be our next guest blogger . . .    

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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."

I first read the story in a CruiseBruise story entitled "Crew Member Arrested with Child Pornography - Norwegian Cruise Line's Jewel."

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.

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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 Ken 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     

The 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. My 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.

As 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 American 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      

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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

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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. A web site called Cruise Ship Sex Offenders lists some of the sex perverts who have worked or sailed on cruise ships.      

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When I started this blog, I announced that I would be awarding what I am calling the "Worst Cruise Line in the World" award. 

This is a special award, reserved only for the cruise line or cruise line executive which demonstrates the worst in corporate malfeasance towards cruise passenger safety and crew member rights.  The award, like MSNBC's "Worst Person in the World" award, goes to that cruise line or cruise person engaging in underhanded conduct. 

And the Winner Is  . . .

Without question, September's award goes to the Princess Cruises and its General Counsel, Mona Ehrenreich. 

Princess Cruises operates 17 cruise ships and is headquartered in Santa Clarita, California.  It also has a substantial base of operations here in South Florida. Like other cruise lines, it incorporated itself in a foreign country and its cruise ships fly foreign flags of convenience in order to avoid U.S. taxes, laws and regulations.

Ms. Ehrenreich joined Princess in 1993 after working at a law firm defending cruise ships. Ironically, she credits attending a college course in U.S. "constitutional law" as a motivating reason to become a lawyer.  One of her responsibilities is to oversee the company's interests when Princess crew members sexually assault passengers or other crew members.

The Love Boat

Princess Cruises was popularized by the television series "The Love Boat" which ran in the 1970's. The TV Love Boat theme is so interwoven with this cruise line that it marketed the slogan "it's more than a cruise - it's the Love Boat!" through the 1990s. Princess built on the "Love Boat" slogan with its current high powered marketing theme "Department of Romance" which caters to young couples with illusions of romantic getaways and honeymoon cruises.  

PR - Perception and Reality

The unique thing about cruise lines is that there is often a disconnect between the slick image created through advertisements and what really goes on behind the scenes.

Date rape drugs. Rape. Malpractice by the Princess ship doctor.  Destruction of evidence.  Lying.  Unauthorized release of confidential information of its employees. Princess Cruises has touched all of the bases. Let me start with just one example.

Crew Members and Cruise Crime Victims Have Privacy Rights

I have represented over 60 women and children who have been sexually assaulted on cruise ships. Not a pretty topic.  Many of our clients have appeared before our U.S. Congress at hearings on cruise ship crime.  This is something the cruise lines like to keep secret.  Not good for ticket sales.

One of our cases involved a young woman from Mexico who had been sexually harassed while working on a cruise ship operated by a Miami based company.  While investigating the case, I learned that my client previously worked for Princess Cruises.  I sent an email to Princess Cruises' General Counsel, Mona Ehrenreich. I explained that I was pursuing a case against a cruise line here in Miami and needed to obtain my client's personnel and medical records from Princess. 

Records of this type are confidential and cannot be released without a signed and notarized authorization or a lawfully issued and served subpoena. California, where Princess is headquartered, has the strongest constitutional privacy rights in the U. S.  Ms. Ehrenreich obviously knows this after living in California her whole life, and being a student of "constitutional law."  

I requested that Ms. Ehrenreich  provide me with the particular type of authorization Princess required to release these confidential records.  My client would execute the authorization and, in turn, I could obtain the records.  I wanted to be certain that I was in full compliance with the Federal and State laws and regulations which govern records of this type.

Double Crossed

Ms. Ehrenreich quickly emailed me back and - to my surprise - claimed that there were no records reflecting that my client ever worked for Princess.  I knew this was not true, but I gave her the benefit of the doubt. I double checked the spelling of my client's name and I also sent her my client's Princess crew member identification number!  This would easily permit the records to be identified and retrieved. 

Ms. Ehrenreich then refused to respond to my requests. 

I continued on with the case against the cruise line in Miami. But it soon became apparent by the type of questions asked by the defense lawyer that his law firm had somehow obtained my client's confidential records from Princess in California. How could this be possible? Princess absolutely needed a signed and notarized authorization. To release medical records, the cruise line needed a HIPAA compliant release. Or Princess needed to be served with a subpoena.  But the cruise line never obtained an authorization nor received a subpoena.    

The Truth Comes Out

I asked the cruise line defense lawyer if Princess secretly sent him the records.  He refused to respond.  I served him with requests for my own client's records from Princess and any emails or letters from Princess.  He objected.  I pressed the issue further and threatened a Court hearing and sanctions.  He caved in, admitting that Princess surreptitiously sent him the records behind my back. 

I subsequently obtained evidence that when Ms. Ehrenreich received my email and told me that my client never worked at Princess, she sent an email to the defense lawyers in Miami and began communicating with them about my client. Then Princess sent all of my client's records to these lawyers, without a signed authorization or receipt of a subpoena!              

A Cruise Line Without A Moral Rudder

If the top lawyer for a large corporation will flaunt ethical rules and Federal and State privacy rights, what does that say about the culture of that corporation?  Who will protect the rights of cruise line employees, particularly crew members from foreign countries who can be easily exploited?  Who will enforce a code of honesty and ethics?    

Things are not as they seem on the Love Boat.  Cruise lines like this develop an arrogance over the years.  They don't pay U. S. taxes.  They abuse their foreign crew members. They usually get away with things. 

Duplicity and a lack of transparency characterize  Princess Cruises.  What can be expected from a cruise line whose General Counsel acts like this?

You will hear about this cruise line and Ms. Ehrenreich in the future, no doubt. 

This month's award was won in a landslide.  Princess Cruises and its General Counsel, Mona Ehrenreich, have more than earned their place as the first recipients of the "Worst Cruise Line in the World" award.     

Photo credits:

Worst Person Logo MSNBC, Countdown with Keith Olbermann

Photo of Star Princess Cruise Ship   Jim Walker, Seattle WA July 4, 2009

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The criminal trial in Australia regarding the death of Dianne Brimble on P & O Cruises' Pacific Sky continues with key witnesses having a complete lapse of memory. 

In a previous article, I commented on the danger of passengers, like Ms. Brimble, being given "Fantasy" or other date rape drugs on cruise ships.

Dragan Losic (with goatee), one of "8 persons of interest" in Ms. Brimble's death, appeared in Court. Over the course of three hours of his testimony, he could not even remember meeting Dianne Brimble on the first night of the cruise, just hours before she died in his friends' cabin. 

Australia's "The Age" newspaper reports that Mr. Losic previously testified in what is called a "coronial inquest." At that time, he clearly recollected that he was the first to meet Ms Brimble in a disco on the cruise ship and he later observed her in his friend's cabin.  He also remembered "Fantasy" on the cruise ship.  But now with his friend on trial for Ms.Brimble's death, Mr. Losic can't remember a thing.

Another key witness, Matthew Graham Slade, who testified today also changed his story. Australian news website news.com.au reports that Mr. Slade originally told police that  he awoke on the cruise and  saw a naked body on the floor of his cabin. But at trial, he claims that he can't remember this at all. 

In New Orleans where I went to law school, we called this "crawfishing."  This is a term which characterizes a crawfish (or other crustacean) which crawls backwards, usually into a hole, when confronted with danger. 

Date rape drugs.  Crawfishing witnesses.  A devastated family.  The trial continues. 

Photo credit      Sydney Morning Herald 

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Cruise ship accidents, injuries, crimes, disappearances, fires, and collisions on the high seas involve a specialized area of maritime law.  Jim Walker has been a maritime lawyer for twenty-seven (27) years.  He has handled the most straight forward slip-and-fall cruise ship injury to the highest profile cruise crime cases in the past decade.

Jim focuses his maritime law practice on:

• Cruise ship personal injury and death involving passengers
• Shore excursion injuries and deaths
• Crew member injuries, medical issues, lawsuits and arbitration claims
• Sexual assaults on cruise ships, shore excursions and ports of call
• “Disappearances” at sea
• Cruise ship fires, sinkings and collisions
• Injuries and deaths arising from terrorist and pirate attacks

Jim represents injured passengers throughout the United States and crew members from around the world. 

Photo credit        Paul Haber, via MSNBC

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