According to Wikipedia “Sexual assault is an act in which a person intentionally sexually touches another person without that person’s consent, or coerces or physically forces a person to engage in a sexual act against their will.[1] It is a form of sexual violence which includes rape (forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, child sexual abuse or the torture of the person in a sexual manner. Sexual assault is a criminal act that is punishable by time in prison. In addition to the time in prison, the victim has a legal right to pursue a personal injury lawsuit against the criminal.
It may come to the surprise of many that cruise ship sex crimes like rapes and sexual assaults happen quite often. Passengers and employees are being victimized during the time when they should be enjoying themselves. Intentional, wrongful, and criminal acts that a cruise ship employee takes strictly falls upon the cruise line companies shoulders under maritime law. Until recently, cruise ships did not have to report sexual crimes that occurred on their cruise ship, which caused many cases to go unreported. Due to the Cruise Vessel Security Safety Act of 2010, cruise ships must report all crimes that take place aboard a cruise ship.
Cruise line companies must hold all records of sex crimes, report it to the FBI and DHS, maintain a rape kit on board, provide investigators with video surveillance, among other things. Yet, even with all of these safety measures, sex crimes still remain a major concern among cruise ships.
Being a victim of a sex crime is something that is never forgotten and even influences the individual’s daily life and relationships. Miami cruise ship accident personal injury lawyers from Percy Martinez Law Firm believe that every passenger should be free of crime while on board a cruise ship. Cruise line companies have to provide their passengers with a safe environment.
Any sex crime that a passenger endures by either another passenger or employee, will be the fault of the cruise line company. The cruise line company will have to pay the damages endured by the victim because of the rape or sexual assault including, but not limited to medical bills, pain and suffering, loss of wages, psychological treatment, therapy, and more. Were you or a loved one a victim of rape or sexual assault while on a cruise?
Responsibility in Cruise Ship Rapes
Sexual assaults and rapes can only be done by two groups of people on a cruise ship: the crew members and other people such as the passengers and third parties. Below will be described the sexual assaults and rapes liability that occurs by non-employee cruise passengers.
Rapes by Other Parties
The liability of a cruise passenger being raped by either a third party or another passenger of the cruise ship will rely on whether the cruise ship took the appropriate security measures and did not act negligently in doing so. The security efforts of the cruise ship would be thoroughly investigated to determine whether their security was up to standards and they were well-trained in providing maximum security to all its passengers during the time that you or your loved one went through this horrific event. In order to come to a conclusion, the court would examine the following:
⦁ Was there an adequate staff?
⦁ Was there adequate lighting where the crime took place? (Sometimes a lack of lighting can be the reason why someone becomes a victim of such crime. With proper lighting the victim would be able to see the criminal prior to the crime).
⦁ Were there security cameras in place?
⦁ Was there monitoring of everyone on board the cruise ship?
The case that established that cruise ships are mandated in providing reasonable care to all their passengers was in Kermarec v. Compagnie Generale. The harm done to passengers whether it is performed by an outside person or a passenger of the cruise ship needs to be avoided by the protecting of security in the cruise ship.
Steps to Take After Becoming a Victim of a Rape or Sexual Assault on a Cruise Ship
A person who has just experienced a sexual assault or rape needs to remain calm, although it may seem impossible to do, it is extremely important that they do so. These are the following steps that a victim should do:
- The victim should not shower or change their clothes. Evidence can be cleaned off if this is done. More evidence that is gathered, the better it will be to establish a solid case and finding the criminal.
- The victim must inform the cruise line’s security about what just happened to them.
The victim must be seen by the medical center inside the cruise ship. It is essential that the doctor’s use the rape kit test, collect a blood sample, and give antibiotics to fight off any infections that the victim may have contracted from the offender.
- The victim needs to obtain copies of the medical evaluation and treatments that were given to them.
- Ask the cruise ships security to restrict anyone from going to the scene of the crime to limit any contamination.
- Gather the information of anyone who may have seen who raped/assaulted the victim
- Contact the FBI if the cruise line is not assisting the victim
- Take pictures of any visible injuries
In addition to following these steps, you need to know how to preserve the evidence. Rape and sexual assault cases rely highly on evidence in order to find the guilty party. A rape or sexual assault victim must report this act to the cruise line, the authorities, and then seek legal consultation to explore the options that they have. Although it is a difficult and an agonizing predicament to be in, justice needs to be served for those responsible for not only causing the harm but failing to prevent it. Percy Martinez law firm recognizes that more than one party can be liable for the injuries caused by a sexual assault or rape, and can even end up both a civil and criminal lawsuit.
Steps in The Preservation of Evidence
Delays in gathering the evidence can mean that the victim may have their rights and justice to being compensated for their harms thrown out the window. If there was improper security by the cruise lines personnel, they could be held liable for the sexual assault and the FBI would oversee investigating it. It could have either been the lack of security and even the alcohol policies that the cruise line has which played a role in the sexual assault. Seeking prompt legal expertise from a Miami Specialized Cruise Ship Accident lawyers from Percy Martinez Law Firm is crucial in a sexual assault victim due to jurisdictions, applicable laws, and the preservation of evidence that could be problems in the case.
Here are some steps that a sexual assault victim should take after the incident:
⦁ They should allow a forensic examination by a doctor to be done before washing any clothes or showering
⦁ The FBI and the U.S Coast Guard are the first people that need to be contacted
⦁ Medical assistance where a forensic examination will be sought should be the most important thing to do
⦁ If any witnesses were present, it is important to grab their information
⦁ The victim must contact the security within the cruise ship and tell them to secure the crime scene so that no evidence is contaminated as law enforcement officials would not be able to immediately come on board
⦁ The consulate or embassy closest to the occurrence needs to be notified
These are some things that should be done in order to preserve the evidence that was committed against you or your loved one. Remember, physical evidence is crucial for sexual assault and rape cases. If you shower after the incident, you might erase all the evidence that the crime ever took place, especially if you don’t have any witnesses.
Reasons for Sexual Assault and Rape on Cruise Ships
Why do these types of crimes take place on a cruise ship when passengers should be enjoying themselves? Don’t cruise ship companies make sufficient money in order to ensure security of all their passengers? You would think so. The reason for sex crimes amongst cruise ships takes various forms. An individual can fall victim of a sexual assault or rape for the following reasons:
⦁ Not giving their employees an extensive background check
⦁ Not having adequate security on board
⦁ Not watching the security cameras
⦁ Not advising their passengers of precautions to take
⦁ Not regularly evaluating their employees
Any of the above factors can play a huge role in cases of rape and sexual assault. Many employees in cruise ships are from foreign countries where the requirements for background checks are not as extensive as they would be in the United States. The cruise line company needs to ensure that they perform their own background checks and have adequate security on board that are properly trained to handle any situation that may arise.
Methods That Cruise Line Companies Can Use to Prevent Rapes and Sexual Assaults
There are a number of things that can be done by the cruise ship line to help protect their passengers from any form of victimization while on board. An individual going on a cruise ship should be able to enjoy their time on board, not have to worry about the many things that could go wrong. You spent money to go on the cruise and deserve the best duty of care. In fact, the cruise ship owes you the highest level of care. Here are some methods that can be taken by the cruise ship to ensure a safer travel for their passengers:
⦁ Always monitor the activity of other passengers and crew members
⦁ Have an appropriate ratio of security-passengers on board
⦁ Inspecting each area of the cruise ship for unusual activity
⦁ Thoroughly check the background of all employees before hiring
⦁ Have security cameras installed
⦁ Have adequate lighting in public areas
The cruise line can be found guilty of negligence that cause a passenger’s rape or sexual assault if they were found to not have adopted any of the above methods. With the amount of income that cruise lines earn every year, they should use their resources in ensuring the safety of their passengers, while providing them with an entertaining experience. As the year’s pass, cruise ships are attracting more and more people, leaving room for more crimes to be committed if the cruise line company does not focus on the safety first, then the pleasure.
Things You Can Do to Avoid Rape or Sexual Assault
Sexual assault can occur at any time during the day, and at any location, including your own home. If the sexual assault took place because the owner lacked security in the property where the assault occurred, then they can be found liable for your damages. These are some suggestions to reduce your chances of becoming a victim of sexual assault:
⦁ Avoid advertising where you are going to be or go through social media (Did you know that 61% sexual victims were attacked by someone they knew?)
⦁ Be in tune with your instincts
⦁ Stay alert at all times. If something looks weird, then get out
⦁ Avoid having headphones on, you need to be able to listen
⦁ If you are going on a date, let someone know where you are going
⦁ Never travel alone, especially in the dark
⦁ Carry some form of self-defense like pepper spray
These tips can be useful to avoid a sexual assault incident. Just know that it is not your fault. Our Miami negligent security premises liability experienced lawyers from Percy Martinez Law Firm want you to know that owners who were negligent with their security need to be held legally liable for any intentional tort that occurs to you on their property. We are here to ensure that justice is brought to the light.
Damages That Can Be Recovered
A victim can suffer injuries, mental anguish, trauma, and much more after a sexual assault or rape. They deserve to be able to seek compensation for their damages. These damages can be claimed in their damages. The faster a victim of sexual assault seeks legal advice, the better the case will play out. Every cruise line has a different statute of limitations that determines when they should file. Missing this deadline will make the sexual assault victim lose their rights which is something the lawyers at Miami Percy Martinez Law firm would not want. They need to protect their rights. These are the common categories of damages that you can recover through any personal injury case:
General Damages: General damages are damages which are noneconomical that the victim suffered. This type of damage has no set number to it and is often complex to calculate because each case is different, and each judge may see things differently. In other words, general damages are often determined by the jury and judge in accordance with their own personal experiences of the matter. Victims can often recover the following for general damages:
⦁ Pain and suffering
⦁ Emotional stress
⦁ Loss of enjoyment of life
⦁ More
These damages deal with more of the feeling of the injuries, not the actual cost of the damages.
Specific Damages: Specific damages are direct losses that the victim suffered. This type of damage is much easier to acquire a number to because the value is what the victim acquires through expenses that resulted from the sexual assault or rape. This type of damage, just like general damage, is used to compensate the victim from the negligence and intentional tort of others, which resulted in their damages. These are some recoverable specific damages:
⦁ Medical bills
⦁ Lost wages due to time off from work
⦁ Lost earning of potential income
⦁ More
Future damages that must be paid, for example, psychological appointment may also be recovered.
Punitive Damages: Punitive damages are awarded at the discretion of the judge and jury. Although rare, these damages may be awarded if the judge and jury find that the negligence or intentional tort that the defendant committed was extremely negligent. There is a limit to this type of damage.
You need to seek justice for what has been done to you or your loved one. Our expert cruise ship accident Miami attorneys from Percy Martinez Law Firm can help you recover every aspect of damages that you suffered.
FAQS on Rape and Sexual Assault
These are some questions that victims of rape or sexual assault on cruise ships often ask themselves. If you have additional questions that need to be answered, a professional Miami lawyer for cruise ship accidents from Percy Martinez Law Firm can help you with all the inquiries and concerns you may have. Remember, our goal is to see that you return to some normalcy in your life and are compensated for what has been done to you.
Question: Who is liable for a rape or sexual assault on a cruise ship?
Answer: Whenever an injury or crime takes place on a cruise ship, the liable party will be the cruise line in almost all cases. Cruise lines have a duty to ensure proper security on the vessel. They need to make sure that every employee they hire has been checked and that every employee they currently have is constantly being checked for any future crimes that they may commit.
Question: What compensations can I receive after a rape or sexual assault on a cruise ship has affected me or a loved one?
Answer: The damages that will be awarded to you depends on the circumstances of the case. Damages that are most often awarded include medical expenses, loss of income, mental anguish, pain and suffering, loss of consortium, loss of future income, punitive damages, and more. You can determine the damages that you are eligible for with the assistance of a knowledgeable Miami Percy Martinez Law Firm cruise ship accident lawyer.
Question: How can I protect myself from becoming a victim of rape or sexual assault while on a cruise?
Answer: Sex crimes occur quite often on cruise ships, more than we would imagine. There are some actions that you could take while you are on a cruise to prevent from becoming a victim of a sex crime. Some actions include:
⦁ Do not consume too much alcohol
⦁ Remain aware of your surroundings
⦁ Travel in a group, not alone
⦁ Report any suspicious activity
⦁ Lock your cabin doors
⦁ Avoid secluded areas like unlit locations on the vessel
Becoming proactive is the best strategy to protect yourself and your loved ones while you are on a cruise.
Question: Why do sexual assaults and rapes take place on cruise ships?
Answer: The reasons behind rapes and sexual assaults on cruise ships can vary from case to case. We have found that rapes and sexual assaults on cruise ships tend to occur due to the following:
⦁ Lack of background tests on employees
⦁ Lack of sufficient security personnel
⦁ Lack of proper lighting
⦁ No surveillance present
⦁ Not monitoring security cameras or not having cameras present
Sexual Assault and Rape Miami Lawyers
Cruise ships have a duty towards their passengers. They need to make sure that their vessel is secure, that their employees are hired with thorough background checks, and that third parties are constantly being watched. If a cruise ship fails to provide you or your loved one with adequate security that you deserve and a sexual assault or rape is committed against you, you can seek legal action against them and recover for the damages that you suffered. Our professional personal injury cruise ship attorneys from Miami Percy Martinez Law Firm understand the trauma and hardship that going through this emotional rollercoaster can bring. For this reason, we want to assist you in recovering and acquiring justice for what has been done.