Did Cunard Child Supervisor Molest Other Children During Cruises?

Earlier this week, we reported on the arrest of former Cunard child supervisor Paul Trotter on allegations that he abused a child and possessed indecent photographs of children on his computer.

The British police investigated Mr. Trotter (photo below, playing piano on Cunard cruise ship) after the parents of a child, identified only as being under the age of thirteen, brought the matter to the attention of authorities after the cruise.  The initial newspaper articles indication that Mr. Trotter worked aboard Cunard's Queen Mary 2 and Queen Elizabeth cruise ships, although one reader brought to my attention that he also worked aboard Cunard's Queen Victoria.

You can read our last article about Mr. Trotter here.

Cunard Cruise Children Activities Supervisor Paul TrotterThe disturbing thing with Mr. Trotter is that he reportedly worked for Cunard on various cruise ships over the course of five years.  The issue arises whether he allegedly molested other children during cruises. 

It is currently unknown whether Cunard terminated Mr. Trotter's employment or whether he voluntarily resigned.

Any expert in child sexual abuse will tell you that child predators are extremely manipulative and will position themselves to interact with children to satisfy their deviant sexual interests.  They cannot be cured.  They will abuse children again and again if given an opportunity.

It would be naive to think that any sexual predator, working for years and years with children, abused only one child and was promptly caught and prosecuted for that singular crime.  Although the police investigation resulted in an arrest on charges of abusing one child, we know that the British police announced that they are speaking with the families of other children in England who cruised with Cunard as well. 

We have been contacted by other families who cruised on Cunard asking for information on Mr. Trotter - what cruise ships did he work on and exactly when was he a child supervisor on these ships? 

We asked Cunard for this information.  We will update this article if we receive a response.

Certainly families who cruised with Cunard are entitled to know whether an alleged child predator was supervising their children during their cruises?

 February 16, 2012 Update:  Cunard's response is below:

"We are deeply shocked by these allegations as the safety and well being of our customers is of paramount importance to us.  A thorough police investigation is underway which we are supporting and co-operating with fully.  Given that the police inquiry is ongoing, we cannot comment any further or answer any questions at this stage.

What we can say is that we are working closely with the National Society for the Protection of Cruelty to Children (NSPCC), a UK-based charity which specializes in supporting children and families to ensure that affected families and children are offered appropriate support.  Following these allegations being made, we also asked the NSPCC to conduct an independent comprehensive review of our facilities, policies and procedures.  This review is underway and we will be implementing any recommendations resulting from this review." 
 

Photo credit: stretch gp23 YouTube

Cunard Child Supervisor Arrested for Sexually Molesting Child During Cruise

Several news stations in the U.K. are reporting that the police arrested a former Cunard crewmember on charges that he sexually molested at least one child during a cruise.

Paul Trotter, age 34, of Pontefract, West Yorkshire, in the U.K., is alleged to have abused the child between December 20, 2011 and January 5, 2012 while working in the children's child activities facility on an undisclosed Cunard cruise ship.   His official job title was "children's activity supervisor" for Cunard.  He was also charged with possessing indecent photographs of children. 

We reported on the fact that the police in England were investigating child molestation on Cunard cruise ships last month in our article:  Did a Cunard Child Predator Molest Children Aboard the QM2 & Queen Elizabeth Cruise Ships?

Queen Mary 2 - Child Molestation?The police in England started the investigation after a parent of one of the abused children tipped the police.   Although the U.K. media is referring to only one abused child at this point, the police have interviewed several families in England, Mr. Trotter worked for five years for Cunard  on Cunard’s flagship, the Queen Mary 2, and its sister cruise ships, the Queen Elizabeth and the Queen Victoria.

These Cunard cruise ships carried passengers of course from many other countries, including the U.S.

So far, Cunard has not disclosed the incident to the public nor informed families who they should contact for information.

Cunard's website refers to "Children's Activities" and assure parents that their kids are safe: " . . . you can be certain that they are in the best of care with our certified Early Years staff . . . " 

Molestation of children by cruise employees is one of the cruise industry's nastiest secrets.  You can read about the problem in our prior blog articles, including Cruise Lines Are A Perfect Place To Sexually Abuse Children.

February 16, 2012 Update: Did Cunard Child Supervisor Molest Other Children During Cruises?

Royal Caribbean President's Email Blast Insults Crime Victims

Yesterday one of my clients, who I will call Jane Doe, contacted me after receiving an unsolicited email from the President of Royal Caribbean Cruises, Adam Goldstein.

The e-mail addressed her by her first name.  It seemed to be personalized to her.  It recognized her as a past customer and contained statements like:

"At Royal Caribbean International, the safety and security of our guests and crew is our highest priority. It is fundamental to our operations. Our maritime safety record over our 42-year history Royal Caribbean Cruises  - Adam Goldstein illustrates our commitment to the safety of the millions of guests and crew that sail on our ships."  

President Goldstein's email outraged Jane Doe.   You see, she had just returned home with her young daughter who had been raped on President Goldstein's cruise ship, the Allure of the Seas.  

Goldstein's unsolicited email to a rape victim's mom had nothing to do with the humiliating shipboard rape suffered by Jane Doe's daughter, one of many rapes of children on the Royal Caribbean fleet over the years.  Instead, it was part of this cruise line's media campaign to try and distance itself from the negative fall out following the deadly Costa Concordia disaster.

Royal Caribbean is the only cruise line making such public statements following the Concordia crash.  You can watch Royal Caribbean's slick video touting the safety of cruising here.  President Goldstein's blog is here.  "Safety is in our DNA."  "Cruising is the safest form of transportation."  "The safety and security of our guests is our highest priority."  Royal Caribbean covered all of the cruise industry's talking points in its video, the president's blog and its e-mail blast below.    

Of course, in truth, Goldstein's email was not a personalized message to Jane Doe.  He does not know her from the man in the moon, even though her daughter was raped on the cruise line's showpiece megaship and the biggest cruise ship in the world. 

Royal Caribbean spammed Goldstein's email to every single family who had sailed with them.  This was an intentional and reckless stunt, considering that hundreds of women and children have reportedly been sexually assaulted during Royal Caribbean cruises over the years.  Certainly, the cruise line knew that its former customers who are victims of crime, and whose names remain in its customer database, would feel salt being poured into their wounds upon reading Goldstein's email in their personal email accounts.      

Insensitive & thoughtless, if not outrageous?   Definitely.  But Goldstein is not thinking of his customer's feelings.  He is motivated by his cruise line's bottom line.  He wants to reassure his customers that it is safe to return to cruising, whether that is true or not. 

This is hardly the first time this has happened.

In 2006, one of my clients, Laurie Dishman (photo right), was brutally raped by a part time Royal Caribbean security guard with a Royal Caribbean Crime Victim Laurie Dishman prior record of sexually harassing passengers.   She retained us to represent her.  I sent a handful of letters to President Goldstein, asking for our client's medical records, her statement, and the name and address of the Royal Caribbean employee who raped Laurie.  We received nothing in response.  Goldstein ignored us.

The only things Laurie initially received from Royal Caribbean were unsolicited emails inviting Laurie to return for another "cruise of a lifetime" on a Royal Caribbean ship.  The emails continued for over a year.  Each email popping into her computer's email in-box took Laurie back to the scene of the crime and reactivated a sense of panic and stress.  It was only after a half dozen letters of protest from us, and a Congressional investigation into the crime initiated by Laurie's Congresswoman in 2007, that the cruise line scrubbed her from its marketing database.

We pleaded for Royal Caribbean to implement a system to remove a passenger's information from the company's marketing database whenever a passenger was raped, killed or lost a loved one overboard during a cruise.  Believe me, cruise vacationers don't want promotional brochures in their mail boxes after a family member has been raped or lost at sea.    

It looks like Royal Caribbean ignored that request too. 

President Goldstein's blog talks in grandiose terms about the Costa Concordia crash being a "defining moment" for the cruise industry.  He promises a renewed commitment to passenger safety.  Let's hope that's true. 

But when a cruise line president sends an e-mail blast to the mother of a child raped during a cruise, you wonder whether cruise line executives like Goldstein really get it.   

 

Photo credits:

Adam Goldstein - Royal Caribbean Flickr page

Laurie Dishman - Sacramento Bee

 

ROYAL CARIBBEAN EMAILS ADAM GOLDSTEIN'S LETTER TO MILLIONS OF CRUISE CUSTOMERS:

Dear XXX, 

All of us at Royal Caribbean International continue to extend our heartfelt sympathies to those affected by Carnival Corporation's recent tragic incident on the Costa Concordia. As a Crown & Anchor Society member and loyal Royal Caribbean guest, we know you may have some questions as the situation continues to unfold.

At Royal Caribbean International, the safety and security of our guests and crew is our highest priority. It is fundamental to our operations. Our maritime safety record over our 42-year history illustrates our commitment to the safety of the millions of guests and crew that sail on our ships. The measures we take in the interest of safety are many, often exceeding the regulatory requirements – these are all part of our ongoing commitment to innovation and continuous improvement in every aspect of our business.

To address some of your questions and concerns, here is a video that will provide an overview of safety onboard our ships; the training of our crew, officers and captains; and the many regulations that govern our practices. Click here to watch.

As a past cruiser, we know your friends and family may be asking about your own time at sea. We hope that you'll share this video along with your personal Royal Caribbean experiences with them, and reinforce that cruising continues to maintain the best safety record of any industry in travel.

Thank you for your continued support and we look forward to welcoming you aboard again soon on one of our ships sailing to 270 destinations worldwide.

Sincerely,

Adam Goldstein
President and CEO
Royal Caribbean International

BUSTED! Another Cremember Arrested for Allegedly Raping Girl on Cruise

Yesterday we published an article about a Royal Caribbean crew member who sexually assaulted a 14 year old girl aboard the Adventure of the seas cruise ship.  You can read about the alleged crime here

You can read the criminal complaint and violence of the alleged act here.

This case involves a Roal Caribbean "pool attendant" Fabian Palmer who seems to befriendly with all ages of the opposite sex.

The mugshot of the arrested Royal Caribbean crewmember is below:

Fabian Palmer - Royal Caribbean Cruise - Sexual Assault  

Read our prior article: Royal Caribbean Crewmember Indicted For Sexually Abusing 14 Year Old Girl

Think sexual assault of children is "rare" as the cruise lines want you to believe?  Consider reading these articles:

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

Celebrity Cruises Crew Member Arrested on Child Porn Charges  

Cruise Ship Sexual Assault: Carnival Bartender Gets Three Years For Raping Fourteen Year Old Passenger

Royal Caribbean Crewmember Indicted For Sexually Abusing 14 Year Old Girl

Fabian Palmer - Royal Caribbean - Sexual Abuse of MinorThe Baltimore Sun reports today that a Grand Jury in Baltimore, Maryland indicted a Royal Caribbean crewmember of sexually abusing a minor during a cruise ship out of Baltimore. 

According to a complaint filed in U.S. District Court in Baltimore, crewmember Fabian Palmer, age 25, befriended a 14 year old girl and her family during a cruise that departed from Baltimore on December 17, 2010.

The newspaper reports that on December 23, 2011, the victim told authorities that she was alone on a deck on the cruise ship when crewmember Palmer took her into a men's locker room and "began having sex with her."  He stopped only when another employee knocked on the door.

The cruise ship's CCTV video cameras captured images of the crewmember, the victim and a second employee outside the locker room around the same time that the victim said the abuse occurred, according to the newspaper.  During an interviewed by Royal Caribbean security, Fabian Palmer - Royal Caribbean - Sexual Assault - Cruise Ship crewmember Palmer admitted having sex with the girl, but claims that he believed that she was 16.

The newspaper does not identify the cruise ship, but it appears that it involved the Adventure of the Seas.

The Grand Jury returned the indictment yesterday.

The FBI has special maritime jurisdiction to investigate crimes like this involving U.S. citizens on the high seas.  An adult engaging in sexual intercourse with a 14 year old minor is in violation of federal law and is considered to be "sexual abuse" which can be prosecuted by the Department of Justice. 

Mr. Palmer's facebook page indicates that he is from Jamaica and worked as a pool attendant on Fabian Palmer - Royal Caribbean - Cruise Ship Sexual Abusethe Royal Caribbean cruise ship.  His facebook page shows him fraternizing with numerous women around the cruise ship pool and other areas of the ship.  The photos are all from his facebook page.

This incident comes at a time when the international media is reporting on the rape of a 15 year old girl on another Royal Caribbean cruise ship, the Allure of the Sea.

The newspaper reports that Royal Caribbean did not immediately respond to a request for comment today.

A similar incident occurred in November on a Carnival cruise ship when a crewmember identified as Kert Clyde Jordan, age 35, a waiter from the country of Grenada, took a 14 year old child into a bathroom on the Carnival Liberty cruise ship. 

He was indicted on sexual abuse and is in jail in Miami awaiting trial.  

You can read about that incident here and here.

Do you have information about any of these crewmembers or incidents?  Please leave a comment below.  

Fabian Palmer - Royal Caribbean - Sexual Abuse of Minor

Alleged Cruise Ship Rapists From Brazil Seek Low Bond

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

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

Scavone is photographed above left, in happier times.  

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

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

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

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

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

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

Photo credits:

Top:  Brazil Voice

Bottom:  Joe Cavaretta via Sun-Sentinel

Sun-Sentinel article credit: Rafael A. Olmeda

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

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

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

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

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

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

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

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

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

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

 

 

Issues to consider:

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

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

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

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

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

Over a year ago, I also asked the  question: 

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

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

 

Photo credit:

Top: Broward Sheriff's Office via Mugshots Online

Bottom:  Royal Caribbean Cruises via Cruise Critic

Update on Alleged Sexual Assault of Child Aboard the Carnival Liberty Cruise Ship

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 Carnival Liberty Cruise Ship - Sexual Abuse of MinorAM, 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)

Carnival Waiter Sexually Abuses a Minor Aboard Carnival's Liberty Cruise Ship

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

Carnival Elation - Cruise Ship Sexual Assault

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

"Serial Rapist" Sentenced to 10 Years for Rape of 13 Year Old During Carnival Cruise

A news blog in Alabama, al.com, reports tonight that a Gautier, Mississippi man dubbed a “serial rapist” by prosecutors will serve 10 years in prison for sexually assaulting a 13 year old girl during a cruise aboard a Carnival cruise ship. 

The case involves Dylan Cole Bloodsworth who was accused of raping the young passenger while he was sailing on the Carnival Elation cruise ship last March.  We reported on this crime in articles earlier this year entitled Passenger Arrested for Sexually Assaulting Minor on Carnival Cruise Ship and Carnival Passenger Admits to Sexually Abusing Minor During Cruise.  

Dylan Cole Bloodsworth - Cruise Ship RapeAlthough Bloodsworth admitted to the crime and said that he had "made a terrible mistake," the Federal District Judge sentenced him to a decade in jail and ordered that  spend the rest of his life under supervision by the U.S. Probation Office when he gets out of prison.

The prosecutor cited a prior sexual assault against another girl and told the judge that Bloodsworth is ". . .  a serial rapist.  He preys on underage girls.”

Bloodsworth's victim on the Carnival ship was on a cruise to Mexico with her family when she met him and agreed to go with him at his insistence to get a jacket from his cabin, where Bloodsworth sexually assaulted her according to court records.

Cases like this should be a wake up call to parents that rapes occur on cruise ships by older passengers as well as crewmembers.  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.

Think this is an isolated problem?  Take a moment and read:  Why Cruises are NOT the Best Vacations with Kids

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

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

Cases like this raise all type of issues. 

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Cruise Ship Rape - Arbitration in Bermuda? A Jury Trial in Miami? Or Both?

In the past month, I have written about the progression of federal court cases which have chipped away at the rights of foreign crewmembers, who are the backbone of the U.S. based cruise industry.

The cases of Lindo v. NCL (Bahamas) Ltd. and Henriquez v. NCL showed that the Eleventh Circuit would not hesitate to affirm the dismissal of the claims filed on behalf of NCL crewmembers in the U.S. courts here in Miami, leaving the seriously injured seamen to seek compensation in foreign countries applying foreign law.

Princess Cruises - Star Princess - Cruise Ship - Arbitration Sexual AssaultOn Friday, the Eleventh Circuit decided the case of Jane Doe v. Princess Cruises.  The Court addressed the issue whether a Princess crewmember raped on the M/S Star Princess cruise ship would be sent from the U.S. to face uncertain justice before an arbitrator in a country selected by the cruise line, or whether she could try her case here in Miami before a jury.  

According to the opinion which you can read here, the facts allegedly "tell a story of a woman, working for Princess Cruise Lines on one of its ships, who was drugged by other employees, raped and physically injured while she was unconscious, and when she reported to officials of the cruise line what had happened to her they treated her with indifference and even hostility, failed to provide her with proper medical treatment on board, and interfered with her attempts to obtain counseling and medical treatment ashore."  

We represent Jane Doe (whose name is being protected to protect her confidentiality). 

Princess Cruises is represented by Miami cruise defense lawyer Jeffrey Maltzman.

The complaint that we filed on her behalf alleged ten (10) causes of action:

As described by the Eleventh Circuit, the ten claims are:

(1) a “Jones Act negligence” claim, alleging that Princess Cruise Lines breached its “duty to provide a safe place to work such that [Doe] could perform the job obligations in a reasonably safe manner and live aboard the vessel free from sexual violence and/or sexual harassment”;

(2) an unseaworthiness claim, alleging that the cruise line breached its “non-delegable duty to provide [Doe] with a seaworthy vessel upon which to work and live free from sexual battery and/or sexual harassment”; (3) a Jones Act claim, alleging that the cruise line breached its duty under that act to provide Doe with prompt, adequate, and complete medical treatment for “injuries sustained while in the service of the vessel”;

(4) a maintenance and cure claim, alleging that the cruise line “purposefully refused to arrange for and pay [for] timely and complete medical cure” despite its obligation to do so under “the General Maritime Law”;

(5) a Seaman’s Wage Act claim that the cruise line breached its “duty to timely pay all of [Doe’s] wages as a seaman;”

(6) a false imprisonment claim, alleging that the cruise line had “purposefully and intentionally restrained [Doe] against her will on the cruise ship and did not permit her to leave the cruise ship to go ashore for medical treatment” in Seattle;

(7) an intentional infliction of emotional distress claim, alleging “separate and independent torts committed by” the cruise line, its agents, and its employees related to Doe’s rape and the way that they handled the situation and treated her after learning of the rape;

(8) a spoliation of evidence claim, alleging that the cruise line breached its duty to preserve evidence after one of its crew members sexually assaulted and battered Doe;

 (9) an invasion of privacy claim, alleging that the cruise line, though its agents, breached its duty to protect Doe’s confidentiality and privacy as a rape victim by repeatedly disclosing her real name in an effort to intimidate and embarrass her; and

(10) a fraudulent misrepresentation claim, alleging that officers of the cruise line who were on the ship repeatedly and falsely told Doe after she had been drugged and raped that she could not disembark the ship to obtain medical treatment and counseling by doctors of her own choosing.  

The Court held that the first five causes of action fall within the language of the arbitration agreement.  The trial court will then consider the cases of LindoHenriquez and Thomas to determine whether these first five causes of action should be sent to Bermuda to be arbitrated and what law should apply.   However, the Court held that the last five causes of action, which involved post-rape conduct alleged against the cruise line, did not arise of of Jane Doe's employment and therefore are not subject to arbitration.  The last five legal theories alleged against the cruise line will be heading toward a jury trial here in Miami. 

This case should be of continuing interest to maritime lawyers representing crewmembers working for cruise lines which insert arbitration agreements in their employment contracts.

The case was featured today in the Daily Business Review.  Maritime lawyer Brett Rivkind also wrote an excellent blog about the rape case and the issue of arbitration entitled: "Appeals Court Addresses Arbitration Clause Involving Claim by Crewmember for Sexual Assault."

 

Photo credit:  Star Princess Cruise Ship, Seattle Washington - Jim Walker 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Perfume Sales Assistant Alleges Rape Aboard the Celebrity Equinox

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

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

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

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

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

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

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

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

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

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

Women on cruise ships need to be aware of the danger of rape, especially after drinking alcohol.  Crewmembers should also know that if they are sexually assaulted on a cruise ship, they entitled to treatment with psychiatrists and counselors until they reach their maximum medical improvement.   

 

Photo credit:

Celebrity Equinox in Haifa Port, Israel - Wikipedia (Shlomiliss)
 

Carnival Passenger Admits to Sexually Abusing Minor During Cruise

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.

Dylan Bloodsworth - Carnival Cruise Sexual Assault 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

"Pub Crawl" on the Norwegian Sun Ends with Rape Allegation against NCL

Fellow Miami lawyer Keith Brais has filed a lawsuit against Norwegian Cruise Lines ("NCL") on behalf of a passenger who alleges that she was raped while aboard the Norwegian Sun cruise ship.

Cruise Pub Crawl - Norwegian SunThe alleged incident occurred in April when the passenger was participating in an NCL organized "pub crawl."   

NCL employees took her and other guests around the ship stopping briefly to drink at various bars where the bartenders encouraged the passengers to drink above safe limits.  After the drinking game, the passenger alleges that she was raped in a public bathroom.

The lawsuit alleges that NCL created a dangerous situation by over-serving the guest alcohol to the point that she could not protect herself and not escorting her safely back to her cabin.

Several years ago, an appellate court here in Miami held that cruise lines face liability when they serve passengers alcohol to and then past the level of intoxication.  The fact that the passenger voluntarily drank the alcohol does not act as a bar to the legal claim.

Mr. Brais is one of the few maritime lawyers here in Miami who blogs about cruise line issues.  His blog is called the Maritime Law Blog and is worth reading. 

Latest Royal Caribbean Rape Allegation Reveals Problem of Underage Drinking on Cruises

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 Royal Caribbean Alcohol - Underage Drinking - Intoxication  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  

ABC Nightline's "Crimes on a Cruise Ship" Video

ABC Nightline has posted the video of its program last night regarding the sexual assault of a 14 year old girl on the Carnival Freedom cruise ship.   Carnival crew member Hery Krispiyanto raped the child during a cruise in 2009.  

Passenger Sentenced to Jail for Sexually Assaulting Girl on Disney Cruise Ship

A passenger from New York has finally been imprisoned for sexually assaulting a 13 year old girl on the Disney Wonder cruise ship.

A year ago we reported on this crime - Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship.

The girl's family sailed on the Disney Wonder in December 2006.  On New Year's Day January 2007, after the girl attended a program at the cruise ship's teen club with other girls, twenty-four year old Lucas George Wickes approached them and ordered them to return to their rooms. He told the girl to follow him because he was a security officer with the cruise ship.  When they reached an area where no other people were around, he then assaulted the girl. 

A federal district court sentenced Wickes to 46 months in prison and ordered him to pay restitution in the amount of $2,667. 

Princess Cruises Crew Member Arrested for "Sex Attack" Aboard Caribbean Princess Cruise Ship

The Bermuda Sun reports today that a Princess Cruises crew member has been arrested for what is described as a "sex attack" on a woman on a cruise ship.   The newspaper identifies Filipino Johnwill Reyes Abdon, age 40, as the crew member who allegedly committed the crime. 

The incident occurred on the Caribbean Princess, a Bermuda-registered vessel, on December 28, 2010.

Princess Cruises - Caribbean Princess - Sexual AssaultThe article does not mention whether the victim was a cruise passenger or another crew member.

Sexual assaults on cruise ships are not rare, as the cruise industry leads the public to believe.  We have attended five Congressional hearings since 2005 where Congress was provided with evidence of literally hundreds of incidents of sexual assaults on cruises. 

Cruise expert Professor Ross Klein studied cruise crime statistics provided to the U.S. Congress and concluded that passengers run nearly twice the risk of being sexually assaulted aboard a ship than they do on land.

We have written about rapes on Princess Cruises before in articles:  Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships and Princess Cruises Sexual Assault Trial Begins.

The unusual thing about this latest incident is that the police in Bermuda (where the ship is flagged) actually traveled to South Florida and arrested crew member Abdon, and then flew him to Bermuda to face the charges.  Getting the local police from the flag state to arrest crew members on cruise ships around the world is extremely rare. 

The trial will begin on March 7, 2011.

A Lost Cruise Trial, More Cruise Crime, More Cruise Drugs and Who Wants to Cruise to Mexico Anyway?

A super busy week took me away from the computer for the last week.  What a fun week at Cruise Law and in the strange world of cruising:    

Lose Some / Win Some:  A trial involving our client, an injured passenger, ended poorly for us and well for Royal Caribbean which obtained a defense verdict after a three day trial (and two years of litigation).  The case was defended by the law firm of Horr, Novak & Skipp.  Although he got popped last year with a verdict over $9,000,000 in a cruise line case, Mr. Horr is, in my opinion, the David Horr - Cruise Line Lawyerbest defense lawyer for the cruise lines in Miami.  Supported by the usual small army of cruise lawyers and support staff, he did his usual great job.  This is only the second case Cruise Law has lost in the past ten years.  We are consoled by the fact that the cruise line probably spent over $150,000 defending the case.  A $15,000,000,000 cruise line corporation which pays no U.S. taxes has money to burn.  It's a nice feeling to see good lawyers like Horr get paid lots of money, especially by the scoundrels at Royal Caribbean.       

Another Sexual Assault on the Love Boat?:  According to the LA Weekly Blogs, another alleged sexual assault aboard a Princess cruise ship has ended up in court.  California resident Marisa Foppoli claims in her lawsuit that a crew member aboard the Island Princess sexually assaulted her while cruising from Acapulco to Florida.  The passenger alleged that the crew member had a "prior, similar incident of misconduct" while employed aboard one of Princess' ships.

We have reported on sex crimes on cruise ships operated by Princess before:  Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships.  A Princess crew member tried last year for a sexual assault was acquitted last year - Love Boat Waiter Acquitted of Sexually Assaulting Passenger.

More Drugs on a Royal Caribbean Cruise Ship  Two weeks ago, we blogged about three Royal Caribbean crew members (cooks) who smuggled heroin and cocaine from the Dominican Republic during a stop of the Royal Caribbean's Enchantment of the Seas and were arrested after the cruise ship reached Baltimore.  Well here we go again.  CBS News reports that $100,000 worth of cocaine and heroin were found in a crew only area on the same cruise ship which has been sailing from Baltimore to the Caribbean islands.      

Is it any surprise that Royal Caribbean galley workers earning less than $600 a month are enticed to supplement their income smuggling some smack and blow?   

Cruise, Crime, and Beheaded Mexicans is Hard to Sell:  Speaking of drugs, last week Carnival said Thursday that it is pulling the last of its cruise ships (the Carnival Spirit) out of southern California to Australia next year.

Mexico - Drug Violence - Cruise ShipsTomorrow Royal Caribbean's Mariner of the Seas is making its final voyage from the Port of Los Angeles and will re-position to its new home base of Galveston, Texas. Norwegian Cruise Line's Star cruise ship will leave Los Angeles in a couple of months to reposition to Tampa.

The Los Angeles Times has reported that drug-related violence has meant fading interest in cruises to Mexico, the chief destination of California-based ships.  The AP reports that although the port officials and cruise industry have tried to emphasize that most violence in Mexico takes place away from cruise destinations, the message has a hard time "competing with images of beheaded bodies on the news."  Ugh.

But this is not new news.  Last summer we reported that Royal Caribbean and Norwegian Cruise Lines Pull Ships From L.A. Due To Crime In Mexico.

Sexual assaults on the Love Boat?  Drugs on a Royal Caribbean cruise ship?  And cruise lines unable to sell cruises to Mexico?    Nothing new here . . .

 

Photo credits: 

David Horr - Horr, Novak & Skipp

Mexican violence -   http://www.nocaptionneeded.com/

Judge Bars Alleged Sexual Predator From Cruise

A judge in Illinois rejected a request by a man accused of being a sexual predator to go on a cruise with his wife. 

John Martynus - Cruise   John K. Martynus, age 39, of Plainfield, Illinois, who counsels troubled children and works as a high school sports coach and referee, was arrested last week for allegedly trying to arrange a sexual tryst with a 13-year-old girl.  Martynus reportedly had just finished refereeing a basketball game and drove to a fast food restaurant, where he contacted who he thought was a 13 year old girl (actually an undercover officer) via text messages and asked to meet to have sex. 

After he was arrested, Martynus was released on bond on the condition that he not leave the U.S. or have contact with children.  Martynus and his wife had previously booked a Norwegian Cruise Line cruise to celebrate his wife's birthday.  His defense lawyer asked the judge if Martynus could go on the cruise.  The state prosecution objected citing the order that Martynus must stay away from children. “There’s no way, when you’re on a cruise, to avoid that contact,” the state prosecutor is quoted as saying. 

Martynus' defense lawyer, unfamiliar with cruises, told the judge: “There might not even be children on the cruise. It’s not a Disney cruise, it’s a Norwegian Cruise.” 

The judge denied the request, but said he might reconsider if Martynus could present evidence that the cruise would be adults-only.

John K. Martynus - CruiseThis situation illustrates a problem that most families do not consider, namely that there are sexual predators on cruises.  None of the cruise lines conduct a background check on cruise passengers, and there is no law prohibiting sexual predators, accused or convicted, from cruising.  That's why you have situations where a sexual predator can book a cruise for the express purpose of molesting a child, a situation which happened earlier this year on a Royal Caribbean cruise -Sexual Predator Abuses 6 Year Old Aboard Royal Caribbean's Liberty of the Seas

This case is unique because the Judge entered an order forbidding the potential cruise passenger from leaving the U.S. or being around kids and would not budge when asked to modify his order. But once Martynus is tried and either convicted and serves a short jail sentence or he is acquited, he will be free to go on as many cruise as he likes - perhaps wearing his Charlie Brown shirt on cruise ships with children?           

Should sexual predators (accused or convicted) be permitted to cruise?  Should cruise lines perform background checks on passengers?  Should cruise lines warn passengers when a sexual predator is aboard the cruise ship? 

If you have an opinion of these issues, please leave a comment below.

 

Photo credits: 

Top photo    Sun-Times Media Wire (via myfoxchicago.com)

Bottom photo John Martynus Facebook page

Horror On The High Seas - Jurisdictional Disputes Leave Foreign Crew Members In No Man's Land

A number of articles published this weekend reveal the plight of young women sexually assaulted on foreign flagged cruise ships and cargo vessels.

Yesterday, in Cruise Rape - Is Royal Caribbean Up To Its Old Tricks?, we reported that a South African crew member claims that another crew member raped her on a Royal Caribbean cruise ship.  The Captain of the cruise ship reportedly dismissed the rape as a "he said, she said" incident, and then sent her back to her home country.  If a U.S. crew member or passenger is victimized, the cruise line claims that it reports the crime to the Federal Bureau of Investigations.  The FBI has jurisdiction over such incidents.  But when a "foreign" crew member is raped, the case can fall into a no man's land.

Most Royal Caribbean cruise ships are flagged in the Bahamas.  Royal Caribbean is incorporated in Liberia.  No one from these countries has any interest in or inclination of conducting a criminal investigation into the rape of a woman from South Africa.  And the country of South Africa has no jurisdiction to board a Bahamian flagged vessel operated by a Liberian corporation.       

Today, the Times Live newspaper in South Africa reports that a 19 year old cadet on the Safmarine Kariba cargo vessel was raped by a senior officer.  Ms. Akhona Geveza was completing her Akhona Geveza - Safmarine Kariba - Sexual Assaultcadetship to become a navigational officer.  After she reported being raped, her lifeless body was found floating in the water off the coast of Croatia.  It is unknown whether someone pushed her overboard or she committed suicide.

The terrible ordeal is explained in two articles "Teen's Horror on the High Seas" and "Legal Tangle Over Teen's Death at Sea."  The newspaper mentions a number of incidents of sexual assault and harassment of crew members.

The articles explain that what makes the case of Ms. Geveza difficult to investigate is that the ship is registered in Britain, Ms. Geveza is South African, the vessel was in Croatian waters, and the officer who allegedly committed the crime is Ukrainian. 

It has been our experience when we represent young women from outside the U.S., that the flag states (Bahamas, Bermuda, Liberia, and Panama) never conduct a criminal investigtion.  

A female cadets interviewed in one of the articles is quoted as saying: "We were told that the sea is no man's land and that what happens at sea, stays at sea . . . " 

 

Credits:

Photograph             Akhona Geveza - FaceBook

Cruise Rape - Is Royal Caribbean Up To Its Old Tricks?

A beauty therapist employed by Royal Caribbean reports that she was raped by another crew member, according to the Times Live newspaper in South Africa.   

The crew member, who is known by her first name, "Taryn," states that she was forced to leave the cruise industry after her ordeal aboard a cruise ship owned by Royal Caribbean International.

Royal Caribbean Cruise - Rape - Cruise Ship - Sexual AssaultThe newspaper indicates that she was raped by a fellow South African, a fitness instructor, and sent home after reporting the incident. 

"I believe they sent me home to hide the case and protect their reputation - they didn't care about my wellbeing  .  .  .  the easy part was to get over the physical rape, the hard part was, and still is, trying to convince myself that I did the right thing by reporting the incident, despite being made to feel like I was in the wrong, despite still feeling like no justice was done and despite having no one but my family and friends to support me emotionally."

After she reported the matter, the cruise captain told her: "There are two stories, his and yours, but his sounds more believable, because you had been drinking."

She said she was advised to drop the matter or face an FBI investigation.  After she decided to drop the matter, "I was given two hours to pack my bags and say goodbye."

Her case is being handled by another maritime lawyer in Miami who states that  " . . . some crew members, especially the captains and other senior officials, have been blackmailing female cadets and crew members to have sex with them or face a miserable life at sea."

The report of the rape is made on the eve of President Obama signing the Cruise Vessel Safety and Security Act which will require cruise lines to finally report all crimes which occur on cruise ships in international waters.  

We have reported many times about the high rate of rapes on Royal Caribbean cruise ships.  In 2006, Royal Caribbean hired a former high ranking FBI official, Gary Bald, to head up what the Gary Bald - Royal Caribbean - Rape - Friend or Foe?cruise line now calls its "Global Security Department."  The question is whether Mr. Bald and his new team of ex-FBI agents are genuinely trying to protect the passengers and crew and help build a case against the rapists which have targeted Royal Caribbean passengers and crew members.  

Or is this business as usual, with the cruise line intimidating the victim and the cruise line taking the rapist's side of the story?

You will many similar stories like this coming from a cruise line like Royal Caribbean.

Stay tuned. 

 

Consider some of our other articles:

What To Do If You Are Sexually Harassed or Assaulted on a Royal Caribbean Cruise Ship

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