How Do I Report a Sexual Assault that Occurred on a Cruise Ship?
Although reporting sexual assaults is often incredibly difficult for victims, doing so can be important. But what if you were assaulted on a cruise? How would you report the attack?
You can immediately report a sexual assault to the security team aboard the cruise. Cruises must have medical staff on board capable of treating victims of sexual assault, so you can report to them for immediate care. If you were docked at a port at the time of the attack, you can report it to the local police. If not, our lawyers can help you inform law enforcement of the event when you return home.
To have our cruise ship sexual assault attorneys review your case for free, call Rivkind Margulies & Rivkind, P.A. today at (305) 204-5369.
How Can You Report an Onboard Sexual Assault to a Cruise Ship Company?
If you were attacked on a cruise ship and sexually assaulted, you should report that attack, though understandably challenging. If you can, report the incident directly to the cruise ship company.
Alert Cruise Ship Security
You can do this by informing the security department aboard the cruise. Cruise ships do not have law enforcement on board. However, they do often have some security personnel or other departments that process reports of incidents and crimes like sexual assault. When you make a report, you create documentation that our cruise ship sexual assault attorneys may be able to use in a civil claim.
Get Medical Attention from Onboard Physicians
Sexual assaults often cause physical injuries to victims that require medical evaluation. Such medical examinations can sometimes yield physical evidence or other information that may help a victim’s future case.
Cruise ships typically have small medical teams on board, which, because of the Cruise Vessel Security and Safety Act (CVSSA), must have the equipment and resources necessary to treat sexual assault victims.
Why Should You Report a Sexual Assault on a Cruise?
Sexual assaults often go unreported. That is to say, if you did not report a sexual assault that occurred on a cruise ship to law enforcement, you are not alone. Or, if you recently returned home from a cruise, there is still ample time to report a sexual assault. Though difficult, reporting these events is crucial.
It will be important to report the assault to the cruise ship for several reasons. First, if we ultimately sue the cruise ship company for negligence in relation to the assault, the company might claim it has no record of the attack whatsoever.
Furthermore, reporting the assault and the assailant’s identity, if it is known to you, can help you ensure your safety until you leave the ship and return home.
How Can You Report a Sexual Assault on a Cruise Ship to the Police?
In addition to alerting the cruise ship company about the assault, you should also report it to law enforcement as soon as possible. This is often exceptionally difficult for survivors, and matters might become even more complicated by the fact that a sexual assault happened at sea.
Local Law Enforcement
If the cruise ship was docked at a port when the assault took place, report it to local law enforcement. Officers will take your statement and include other pertinent information in a report. Such reports can be very useful to our cruise ship sexual assault attorneys when building the basis of your lawsuit.
If you are having difficulty reporting a recent sexual assault aboard a cruise ship to law enforcement, our lawyers can help you, so we have documentation that can strengthen your case.
FBI
In addition to setting treatment guidelines for medical staff aboard cruise ships, the CVSSA also requires cruise ships that dock in the United States to report crimes and other incidents to the FBI. This includes instances of sexual assault and rape.
The federal government typically has jurisdiction over any crimes that are committed at sea, meaning you might have to report the sexual assault to the FBI.
What if You Did Not Report a Sexual Assault that Occurred on a Cruise Ship?
If you did not report a sexual assault that happened onboard a cruise, do not assume that you will be unable to sue the cruise ship for negligence. Our lawyers will focus on using other evidence to prove liability.
For example, under the CVSSA, cruise ships must have onboard surveillance systems. If you did not report the assault, but later obtained security camera footage that confirms it occurred, you can still win your case.
Victims should not be discouraged if they did not report an assault and should instead speak with our lawyers about their options. A victim’s medical records, photographs, witness statements, and other evidence can be used in a claim against the individual assailant or one involving the cruise ship company.
How Do You Sue for a Cruise Ship Sexual Assault on a Cruise Ship?
You must act quickly to sue if you are sexually assaulted on a cruise, as you may have very limited time to bring your case.
Act Fast
The statute of limitations for cruise ship personal injury and sexual assault lawsuits under maritime law is just one year. Before you file the lawsuit, you may have to send a notice of a claim to the cruise ship company within 6 months of the assault. This is not much time at all, so you must act quickly and let us start working on your case right away.
Otherwise, in addition to possibly missing the statute of limitations, you could also fail to preserve evidence before it’s lost or destroyed, such as eyewitness statements or surveillance footage.
Build Medical Records
You also need to initiate and continue building medical records related to the assault. While your onboard medical staff may initially treat you, you should seek help from other doctors who do not work for the cruise ship company to confirm your injuries from a sexual assault.
Read Ticket Contract
The contract that you effectively sign when purchasing a ticket on a cruise ship will most likely stipulate where you can file a lawsuit. These cases are under federal jurisdiction and maritime law, so cruise ship lawsuits are mostly filed in federal court. The specific federal court may depend on the state where the cruise ship company has its headquarters, a popular one being Florida.
Prove Liability
To successful sue for a cruise ship sexual assault, we need evidence that can either prove liability in court or convince the opposing side to give a big enough out-of-court settlement. Evidence of liability includes eyewitness testimony, medical records, and surveillance footage, all of which we have the best chance of preserving and using during your lawsuit if you start your case right away.
To hold the cruise ship liable, we may have to prove that it provided negligent security, conducted a poor background check on the crew member who assaulted you, or kept a crew member on staff with a history of assaulting passengers.
FAQs About Cruise Ship Sexual Assaults
How Common Are Sexual Assaults on Cruise Ships?
Unfortunately, sexual assault is a common cause of injury on cruise ships, alongside accidental injuries due to negligence. Staff, other passengers, and non-passengers who gain entry to the ship because of negligent security commit sexual assaults.
Who is Liable for Sexual Assault on a Cruise Ship?
The cruise ship company may be liable for your damages from a sexual assault if it provided negligent security or employed the crew member who assaulted you.
How Long Do You Have to Sue for a Sexual Assault on a Cruise Ship?
Cruise ship sexual assault lawsuits are governed by maritime law, which gives injury plaintiffs just one year to sue, which may be significantly less time than their state’s statute of limitations for personal injury cases.
What Damages Can You Get for a Cruise Ship Sexual Assault?
You can get damages for any medical treatment, therapy, and lost wages due to a cruise ship sexual assault, as well as compensation for your substantial non-economic damages.
Why Do You Need a Lawyer to Sue for a Sexual Assault on a Cruise Ship?
As a sexual assault survivor, being able to rely on an experienced attorney to handle your case may ease some of the stress and worry about being re-traumatized by a lawsuit.
Call Our Cruise Ship Injury Attorneys to Discuss Your Claim Now
Call the cruise ship sexual assault attorneys of Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 to get a free assessment of your case.
