Attorney for Victims of Sexual Assault or Rape on a Cruise
One of the most traumatic and upsetting things that can happen to any passenger or staff aboard a cruise ship is sexual assault. Cruise ships are supposed to provide fun vacations, and the staff and crew on the ship are responsible for maintaining safety and security. If they fail to do so, you may be entitled to sue them for the harm you faced from preventable assault, sexual assault, and rape.
At the end of the day, the most important priority for any staff or crew on a cruise ship should be the safety of the passengers. Employees or crew on the cruise liner who violate positions of trust and responsibility to take advantage of intoxicated passengers or overpower coworkers to absolutely violate those safety and security goals. In many cases, victims of this kind of violation can take the responsible staff and the cruise line to court.
If you or a loved one was sexually assaulted on a cruise ship by another passenger, call Rivkind Margulies & Rivkind, P.A. Our attorneys for victims of sexual assault or rape by a cruise ship passenger may be able to help you with your case. Our lawyers will work diligently to investigate your case and hold the responsible parties accountable, fighting to get you financial compensation for the harm you faced. To schedule a free legal consultation on your case, call our law offices today at (866) 386-1762.
Suing a Cruise Ship for Rape by a Passenger
If you were sexually assaulted under the watch of the cruise ship’s crew and staff, they should be held accountable for the injuries and harm that you faced. Victims of sexual assault and rape might know that they are entitled to file a lawsuit against the individual who assaulted them, but they might not know that the cruise ship could also share responsibility for their harm.
Any injuries that happen on a cruise ship are governed by maritime law instead of the law of any particular state. U.S. maritime law applies to any ships that have a homeport in the United States. Most cruise ships keep their homeport in Miami, Florida, which means that your case likely needs to be filed in a federal court in Miami. Under maritime law, assaults, sexual assaults, and rape are highly illegal, and the individuals who perpetrate these acts can be held responsible through a lawsuit. Moreover, the shipowner and operator who fails to keep the victim safe can be sued as well.
“Negligent security” is one of the most common claims filed against cruise ships in these kinds of cases. Many cruise lines hire staff members that fail to keep passengers safe, even from other passengers. For instance, bartenders who continue to sell drinks to overly intoxicated passengers put them at risk for assault or injury. Security personnel who fail to stop passengers from dragging or carrying away intoxicated guests also fail to do their duty to keep people safe on cruise ships.
These are not risks that only the passengers face; other crew members and workers on ships also face the risk of sexual assault by passengers. Victims of rape and sexual assault who worked on the ship might also be able to sue their employer and the shipowner and operator for failing to keep them safe aboard the vessel.
Filing Lawsuits for Victims of Rape and Sexual Assault by Cruise Ship Crew
The staff and crew on a cruise ship owe passengers certain duties. The cruise company must do its best to take reasonable steps to keep its passengers safe from dangers like food poisoning, water contamination, ship safety risks, and security risks. When their own staff members betray these duties and actually cause injuries and security risks, the cruise ship might be responsible for the injuries.
This means that cruise ships can usually be held liable when their staff or crew commit serious offenses against passengers and other crew members. This could include instances of assault and battery as well as sexual assault or rape. The cruise ship’s negligent security, negligent hiring of dangerous crew, or failure to investigate and root out serial abusers on their ship is a serious problem on many cruise lines, and those companies should be held liable for what their staff does.
The individuals can also be held responsible for their actions. This means that any individual perpetrator can also be sued for sexual abuse committed aboard a ship.
Typically, these lawsuits are governed by maritime law. For cases involving ships from the U.S., this means filing your case in a federal court with jurisdiction over the case. In maritime lawsuits, you typically need to file your case where the ship’s home port is – which means Miami, Florida for most U.S. cruise liners.
Compensation for Rape and Sexual Assault on a Cruise Ship
If you were the victim of rape or sexual assault that occurred on a cruise ship, you may be entitled to financial compensation. This kind of case is, at its core, an injury claim, which allows you to receive damages for the medical bills and lost wages you faced from the injury. It also allows you to claim potentially substantial compensation for the pain and suffering you faced because of the assault.
Medical treatment may be necessary after a sexual assault. In many cases, these terrible acts are committed through force and violence, which may mean that you suffered injuries that need immediate medical attention after the assault. While a ship’s infirmary may be able to treat some of your injuries, you may need emergency transportation via helicopter or another boat to get you treatment onshore. This treatment is not always professional, especially if you are taken to another country. In many cases, you may need additional medical care once you get home, plus potential rehabilitation or physical therapy. All of these costs should be compensated by the responsible parties.
In some cases, injuries might prevent you from returning to work as well. During your recovery, you may be entitled to claim damages for the lost wages you faced. You may also claim ongoing damages for lost wages if you suffered long-term injuries that keep you from performing physical tasks at work or stop you from returning to work altogether.
Generally, you can also claim damages for pain and suffering in an injury lawsuit brought under maritime law. The pain and suffering in a sexual assault case are often extremely high, and the emotional distress and mental anguish of the incident is not something that is easily set aside. These damages might be substantial, potentially covering as much as the value of the medical bills and lost wages – or more, in serious cases.
These damages are typically paid by the parties that caused them. In some cases, the court might declare that the individual assailant is responsible for some share of these damages and the ship and cruise line are responsible for another share. Ultimately, you should be entitled to claim the full value of the damages you faced, and your lawyer can work toward getting you the compensation you deserve.
Medical Expenses
The damages for medical expenses can be high in a case like this. In some cases, surgery and immediate medical attention is required to treat injuries sustained during the assault, potentially including physical injuries from blows or strangulation. When you are injured on a cruise ship, you usually need to be brought to the closest hospital for treatment. This might mean seeking medical evacuation and suffering from a delay in care, potentially making the injuries worse and requiring more advanced treatment. Even with these expanded costs, you may be entitled to have the full value of your medical care compensated.
Lost Wages
The damages for lost wages differ from case to case. In some cases, you may not have suffered severe enough injuries to keep you out of work for very long. In other cases, physical injuries might lead to disabilities that mean you need to take an extended time off of work or take a lower-paying job with reduced work tasks. In any case, you may be entitled to claim the damages for any lost wages or reduced earning capacity.
Pain and Suffering
Damages for pain and suffering can be the most severe part of any sexual assault lawsuit. Victims of sexual assault may face physical pain and discomfort, but the mental effects may be more severe. Treating mental anguish and emotional distress might require therapy and mental health intervention, which can be compensated alongside medical expenses. However, the pain and suffering itself can also be compensated as part of a lawsuit.
Who Pays Damages?
In many cases, injuries caused by an on-duty employee can be compensated by the employer. In the case of an assault committed by a crew member while on duty, the ship and cruise line might be required to pay your damages. In cases where the individual assailant was off duty but the crew’s negligent security or other issues contributed to the injuries, the court may split the damages among the assailant and the cruise line. Your attorney can help you determine how these damages should be paid and how much you can claim.
Proving Fault for a Sexual Assault on a Cruise
In order to recover monetary damages after being sexually assaulted on a cruise, you must present evidence that proves that the defendant in your case is at fault. The following are all examples of evidence that may be utilized:
Surveillance Footage
Surveillance footage can be very helpful to our attorneys for victims of sexual assault or rape on a cruise. Many cruise ships are equipped with surveillance cameras throughout the ship, including public areas and hallways. This footage can capture the movements and interactions of passengers and crew members, providing valuable insights into what occurred before, during, and after the alleged incident. For instance, the footage might reveal whether the victim and the accused were together at any point or if any suspicious or aggressive behavior was observed.
Witness Testimonies
Witness testimonies play a significant role in establishing fault in maritime sexual assault cases. These witnesses may include fellow passengers, crew members, or anyone who may have seen or heard something related to the incident. Their statements can provide essential details about the events leading up to the assault, any interactions between the victim and the perpetrator, and how the cruise staff responded to the situation. Witness testimonies can strengthen the victim’s account and corroborate the events that transpired during the cruise.
Victim’s Statement
The victim’s statement is a crucial piece of evidence in a sexual assault case. Their firsthand account of the incident, including any details about the assailant, the events leading up to the assault, and how the cruise personnel responded to the situation, can be compelling evidence. The victim’s statement is usually recorded immediately after the incident, while their memory is still fresh, and their emotions are raw. This can be a powerful testimony to demonstrate the occurrence of the assault and its impact on the victim.
Physical Evidence
Physical evidence, such as DNA samples, clothing, and medical reports, can be vital in proving fault in a sexual assault or rape case on a cruise. DNA analysis can link the accused to the victim or establish the presence of any other individuals involved. Clothing and personal belongings can also be examined for evidence of a struggle or the presence of foreign materials. Medical reports can document injuries sustained during the assault, providing objective evidence of the harm caused to the victim.
Cruise Logbooks and Incident Reports
Cruise ships are required to maintain logbooks and incident reports, which record any accidents, injuries, or incidents that occur onboard. These logbooks can be critical in establishing negligence or misconduct on the part of the cruise staff or crew members. If there were any previous complaints or reports about the accused’s behavior or similar incidents, this information may be documented in the logbooks. Obtaining and analyzing these logbooks and incident reports can help build a case against the cruise line for failing to ensure passenger safety.
Expert Testimonies
Expert witnesses, such as forensic experts or medical professionals, can provide specialized knowledge and analysis in sexual assault cases. Forensic experts can interpret DNA evidence, while medical professionals can testify about the victim’s injuries and the potential long-term effects of the assault. Their expert testimonies can help the jury understand complex scientific evidence and support the victim’s account of the incident.
Cruise Line Policies and Training Records
Evidence of the cruise line’s policies and training records can be essential in demonstrating negligence or inadequate security measures. If it can be shown that the cruise line failed to implement proper safety protocols, conduct thorough background checks on staff, or provide adequate training on how to handle incidents of sexual assault, it may strengthen the case against the cruise line for allowing the assault to occur.
Steps to Take After Being Sexually Assaulted on a Cruise
Suffering a sexual assault or rape on a cruise can be a highly traumatic and painful experience. Still, there are steps you may take after your attack that will enhance your ability to recover financial compensation.
Report the Incident
The first and most important step for a victim of sexual assault on a cruise is to report the incident to the ship’s security or crew members. Cruise lines are required to have protocols in place to handle such situations discreetly and efficiently. Victims should try to provide as many details as possible about the incident, including the location, description of the perpetrator, and any potential witnesses. It is vital to insist on a written incident report and keep a copy for personal records.
Seek Medical Attention
After experiencing a sexual assault, seeking immediate medical attention is essential for both physical and emotional well-being. Victims should visit the ship’s medical facility or seek help at the next port of call. Medical professionals can assess injuries, collect evidence for forensic purposes, and provide necessary treatment. Even if there are no visible injuries, it is crucial to undergo a medical examination to document potential evidence and address any internal trauma.
Preserve Evidence
Preserving any evidence related to the assault is vital for future legal proceedings. Victims should avoid showering, changing clothes, or cleaning the scene of the incident, as doing so may remove crucial evidence. Instead, they should try to keep the clothes worn during the assault in a separate, sealed plastic bag until they can turn them over to authorities. If there were any personal belongings involved in the incident, such as a phone or camera, these should also be preserved and handed over to security.
Seek Emotional Support
Experiencing a sexual assault can be emotionally devastating. Victims should seek emotional support from friends, family, or shipboard counseling services. Many cruise ships have counselors available to help victims cope with trauma and provide resources for additional support. Connecting with others who can offer understanding and compassion can be a crucial step toward healing.
Document the Incident
After the assault, it is essential to document all details related to the incident. Victims should write down a detailed account of what happened, including the time, location, description of the assailant, and any statements made during or after the assault. This documentation can be valuable when reporting the incident to law enforcement or pursuing legal action.
Preserve Contact Information
Gathering contact information from potential witnesses or anyone who may have knowledge of the incident is crucial. This includes names, addresses, phone numbers, and email addresses. Witnesses can play a critical role in supporting the victim’s account and providing corroborating evidence if the case goes to court.
Connect with Our Lawyers
Finally, you should get in touch with our legal team as soon as possible after your sexual assault. Our attorneys will review your case and explain the appropriate course of action. Afterwards, we will begin building your claim and fighting for the maximum amount of payment available to you.
Call Our Cruise Ship Rape and Sexual Assault Victim Lawyers
If you or a loved one was sexually assaulted on a cruise ship by a passenger, contact Rivkind Margulies & Rivkind immediately. Our attorneys for victims of rape and sexual assault committed by a cruise ship passenger may be able to take your case and fight to get you compensation from the individual who assaulted you as well as the cruise liner that failed to keep you safe. To learn more about how to file your claim and what your case might be worth, call our maritime law attorneys today at (866) 386-1762.
