Cruise Ship Sexual Assault Attorney

No one can fully understand the deep pain, confusion, and betrayal of sexual abuse and assault better than the survivors of these experiences. Unfortunately, reported incidents of sex crimes have been on the rise on cruise ships.

Abuse and assault in this context are uniquely devastating, as cruise ships are often places individuals visit to relax and escape from the pressures of daily life. For many, a cruise ship represents a safe, controlled environment meant for enjoyment and exploration.

When that trust is shattered by abuse, it amplifies the trauma and leaves survivors searching for answers and justice. If you are a survivor of sexual abuse or assault aboard a cruise ship, it's crucial to understand that you have options for recourse regardless of whether the perpetrator is convicted of a crime.

This knowledge can empower you and provide a sense of control in a situation that may feel overwhelming.

If the abuse occurred under California jurisdiction, state law affords a generous window of time for you to file a civil claim for financial compensation. At Injury Justice Law Firm, our California sexual abuse attorneys know how the law applies to your situation and will work to get you the compensation and justice you deserve.

The Cruise Vessel Security and Safety Act (CVSSA) was passed by Congress in 2010 to help improve safety and security aboard cruise ships. The CVSSA is also intended to provide accurate numbers regarding crimes reported on board cruise ships, such as homicide, missing persons, kidnapping, sexual assault, and violent crimes.

In 2019, the House of Representatives introduced new legislation called the Cruise Passenger Protection Act (CPPA), which is intended to strengthen passenger safety aboard cruise ships.

This law builds upon the provisions set forth by the CVSSA through added crimes reporting measures and video surveillance guidelines, having a trained physician on board, and holding cruise lines accountable for their role in contributing to any deaths, sexual assault, or other violent crimes that may occur at sea.

This bill requires cruise lines to notify the FBI within 4 hours of a crime report, report an incident that happened in a U.S. port to authorities before the ship leaves, report the allegations to the U.S. Consulate in the next port of call, and indicate if the crimes involved minors, among other requirements.

How Does Maritime Law Hold Cruise Lines Accountable?

Maritime law applies in situations where a crew member assaults a passenger. The enforcement of this law results in cruise lines being liable for sexual assaults carried out by their crewmembers. Thus, a cruise line can be held liable for its crew members' actions. Still, it must be proven the crime actually happened.

However, when dealing with a passenger assaulting another passenger, the situation is different. In this scenario, it must be proven that the cruise line had notice of the alleged dangerous condition. This refers to the propensity of the perpetrator to commit the rape or sexual assault, which can be shown by demonstrating the following:

Red flag behavior by the alleged perpetrator. This means any conduct that would have raised an alarm to the crewmembers or cruise line about a possible risk of harm to anyone aboard the ship.
The cruise line created dangerous conditions. This could include excessively serving alcohol and an unreasonable lack of security.

When Does California Law Apply in Cruise Ship Sexual Abuse?

California law provides avenues for justice in certain situations, but understanding when it applies in cruise ship cases can be complex. However, with the right legal guidance, you can navigate this complexity and gain a clear understanding of when California law applies.

This knowledge can provide you with a sense of reassurance and hope for justice, such as the following.

When the Ship Is Docked in California: If the abuse happened while the ship was docked at a California port, California law could be applicable. Whether the assault occurred on land or aboard the ship, proximity to a California port may offer a legal foothold for your case.
When the Ship Is in California Waters: Cruise ships often travel through international waters, but if your incident took place while the ship was within California's territorial waters (up to three nautical miles from the coastline), California law may also apply.
Origin of the Cruise or Governing Contracts: Legal jurisdiction can also depend on factors such as where the cruise originated or specific contractual terms included in your ticket. Some cruise ships attempt to limit liability through complicated contracts, but survivors may still have viable claims under California law despite these challenges.

An experienced attorney can help evaluate your case and determine whether California law applies to your situation. Our expertise and guidance can provide you with the support and direction you need during this challenging time.

How Does Sexual Abuse Occur on Cruise Ships?

Sexual assault is any sexual conduct or behavior that occurs to someone without their consent. Rape is a type of sexual assault, but not all sexual assault is classified as rape.

Sexual assault can occur in many forms, like attempted rape, forcing someone to perform a sex act like oral sex, fondling or sexually touching someone without their consent, and rape, which is the sexual penetration of someone's vagina or anus with a body part or other object without their consent.

Despite being marketed as safe and luxurious, cruise ships can still be environments for criminal activity such as sex crimes. Factors such as isolation, unchecked authority, and inadequate oversight contribute to risks. Common scenarios include:

Abuse by Other Passengers: Cruise ships carry thousands of passengers, and insufficient security measures may provide an opportunity for a sexual predator.
Abuse by Cruise Employees: Staff members on cruise ships hold positions of authority and may sometimes abuse their power, targeting vulnerable passengers.
Alcohol and Drug Infusion: Cruises often promote heavy consumption of alcohol, which can impair judgment and increase the likelihood of unsafe situations.
Limited Security or Reporting Mechanisms: Many cruise operators fail to provide sufficient security or clear mechanisms for passengers to report incidents. Even when reports are made, they are sometimes handled poorly, leaving survivors without the support or accountability they deserve.

Who Can Be Held Liable?

Recognizing the power imbalance, isolation, or manipulation survivors face in these environments is essential. You were not at fault for what happened, and cruise ship operators have a responsibility to ensure passenger safety. That said, determining liability in cruise ship sexual abuse cases is critical for seeking justice.

Potentially liable parties may include any/all of the following:

The Perpetrator. The individual who committed the abuse bears direct responsibility for their actions.
Cruise Ship Staff. Cruise employees may also be held accountable if they contributed to the abuse or failed to intervene when they had a duty to act.
The Cruise Ship Company. Operators of cruise lines owe their passengers a duty of care. They must ensure sufficient security, perform background checks on staff, and create safe environments on board. If they fail to meet these responsibilities, they may bear partial or full liability for your injuries.

What Types of Damages Can I Recover?

Victims of rape, sexual assault, or abuse on a cruise ship can suffer physical harm, along with emotional, psychological, and physiological injuries. Thus, the damages typically sought in a rape or sexual assault claim often include the following:

Physical injuries.
Past, present, and future medical bills.
Past, present, and future lost wages.
Any future rehabilitation or medical expenses,
Mental anguish and emotional pain and suffering, including PTSD, post-sexual violence depression, anxiety, etc.

Statutes of Limitations

Time is an essential factor when considering a civil action. In the state of California, the statute of limitations for sexual abuse cases is generous but typically does have an endpoint. These windows of time depend on the circumstances of the abuse:

Up to 10 Years. Survivors of sexual abuse generally have up to ten years from the date of the abuse to pursue a civil claim against their abuser.
Up to 3 Years After Discovery. If you only recently connected the abuse to its long-lasting psychological impacts, or if you have recently realized that what happened to you qualifies as sexual abuse, you may have three years from the date of discovery to file your claim, even if the 10-year window has passed.
Up to your 40th Birthday. if you were a minor at the time of the abuse. California law gives minors more time to come forward as they may have trouble processing or verbalizing what happened to them until many years later. For incidents occurring against minors after January 2024, California has lifted the statute of limitations completely.

Proving your civil claim against a sexual abuser can be a complicated and scary process, especially if the abuse happened on a cruise ship and there are questions of jurisdiction.

The attorneys at Injury Justice Law Firm have broad experience with these complex cases. We will give you the support and guidance you need while working aggressively to get you the compensation you deserve. For more information, contact our California sexual abuse lawyers based in Los Angeles.

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