Our firm represents a young crew member who was raped while she was unconscious aboard the Marina cruise ship operated by Oceania Cruises.
We usually do not write about cases we handle, but we are doing so only after the Oceania defense lawyers in Miami felt compelled to write an article about the case on their website.
The young woman (identified as Jane Doe in order to maintain her confidentiality as a victim) was found unconscious on the floor of her cabin by her roommate. The cruise ship doctor diagnosed anal tears and other signs of rape injuries. The ship doctor did not permit the crew member to leave the ship (which was in the South Pacific) for medical rape-crisis psychotherapy or counseling. The crew member contracted herpes and human papillomavirus (HPV), and sustained substantial physical and mental injuries, due to the rape.
After Oceania refused to cooperate, we flew the rape victim to Miami, where the cruise line and hiring agent are located, in order for the cruise line to provide medical and psychological treatment within their network of doctors. We allege that Oceania refuses to provide the rape victim with ongoing and uninterrupted medical and therapy, as well as the “maintenance and cure” to which she is entitled as a crew member.
The defense attorneys explained on their web page that the case “stemmed from the crew member’s allegations that she was sexually assaulted by a fellow crew member. She filed suit against the defendants in Florida state court alleging Jones Act negligence, unseaworthiness, failure to provide medical treatment, failure to provide maintenance and cure, and failure to pay seaman wages. In addition to those claims, the crew member brought common law tort claims arising from the cruise line’s alleged conduct for false imprisonment, intentional infliction of emotional distress, spoliation of evidence, invasion of privacy, and fraudulent misrepresentation.”
The federal judge ruled that all of the causes of action were subject to international arbitration and, as such, the case cannot be pursued in state court in Florida. The cruise line defense firm rejoiced in the decision, stating that “we invite you to contact us to discuss the ruling, its effect, or for other creative solutions to your legal issues.”
Of course, this case is not remotely “solved.”
Next week we will proceed in the court-ordered arbitration process and will seek to bring this disturbing case to a hearing as soon as possible.
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Photo Credit: Jordandkatz licensed under CC BY-SA 3.0 via Wikimedia Commons