Miami Cruise Ship Sexual Assault & Rape Lawyer
Hickey Law Firm helps survivors get justice
Miami is one of the busiest hubs for cruise lines. In fact, over 8.5 million cruisers passed through PortMiami in 2025 alone. Each of those cruise passengers embarked on their vacation in search of rest, relaxation, and adventure. Unfortunately, however, as the popularity of cruise vacations has continued to increase, so has the number of crimes reported aboard these vessels.
Hundreds of crimes are reported on cruise ships every year. Some of the most common crimes on these vessels include theft, physical assault, and – tragically – rape. When a cruise ship passenger or employee is sexually assaulted at sea, survivors may be unsure of where to turn. Jurisdictional issues, corporate insurance policies, and the intricacies of maritime law can all complicate cruise ship sexual assault cases and leave victims feeling confused, overwhelmed, and silenced.
At Hickey Law Firm, we represent survivors of cruise ship sexual assault and rape in cases against major cruise lines. Our Miami-based team works with survivors to hold negligent parties accountable for sexual assaults that take place on cruise ships, and we have the hands-on experience necessary to help clients fight for their rights in the face of a complex system. Our founding attorney, Jack Hickey, is triple Board Certified, including in Admiralty & Maritime Law, reflecting deep experience in complex cruise-related cases.
If you were assaulted on a cruise departing from Miami — or anywhere in the world — contact our team to discuss whether you may have the right to file a civil claim in federal court in Miami.
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Frequently Asked Questions
What qualifies as a cruise ship sexual assault case?
Sexual assault is broadly defined as sexual contact that happens without explicit consent. This could look like forcible kissing, unwanted touching, and forced sexual acts like rape. If a cruise ship passenger or employee is subjected to this non-consensual contact, this would likely be considered a cruise ship sexual assault case.
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How does consent work in cruise ship sexual assault cases?
Consent is often the most critical consideration in these claims. While we often think of the lack of consent as the absence of verbal affirmation or agreement, there are a few other factors that could raise questions about whether a sexual interaction was actually consensual:
Age
Minors are generally considered legally incapable of consenting to sexual activity, though the applicable law may depend on the jurisdiction. For example, under Florida law, § 794.05 makes it a felony for a person age 24 or older to engage in sexual activity with a 16- or 17-year-old, meaning criminal liability depends on the ages of both individuals involved.
Sexual activity involving a person who is below the legal age or otherwise legally incapable of consent can lead to criminal liability, but the applicable rule depends on the ages involved and the specific statute at issue.
Incapacity
An individual who is incapacitated in some way could be deemed incapable of consenting to sexual contact. For example, someone who is unconscious is usually considered unable to give consent. We often see cases like this linked to alcohol consumption, as individuals may become so intoxicated that they are unable to make informed decisions or physically resist, which can impact their ability to legally consent.
Some other individuals may also be considered legally unable to consent to sexual acts due to certain disabilities. If an individual is unable to comprehend or understand the implications of their actions, they may be considered legally incapable of giving consent. This consideration most commonly applies to individuals with intellectual or cognitive disabilities, but some physical disabilities may also impede a person’s ability to consent to sexual acts or to protect themselves from unwanted contact.
*An important note: Just because someone has a disability does not mean that they are unable to consent to sexual activity. These situations must be considered on a case-by-case basis in order to determine whether or not an individual’s cognitive or physical disability prevented them from communicating their consent or resisting unwanted contact.
Coercion
If an individual threatens or manipulates another person into engaging in sexual activity, the contact may be considered nonconsensual. A perpetrator may threaten to cause harm to the victim or the victim’s loved ones if they refuse the abuser’s advances. If a survivor acquiesces out of fear of retribution or other consequences, the contact could be considered nonconsensual under the law.
Power imbalances sometimes come into play when discussing coercion, as well. This can be a particularly pressing concern in cruise ship cases, as there is a clear hierarchy of authority within maritime crews and between crew members and passengers. If someone abuses their authority in order to violate another person’s autonomy, their actions could be considered coercive.
Can a cruise line be held liable for sexual assault?
On land, criminal sexual assault cases are typically brought by state prosecutors against alleged perpetrators in an attempt to impose legal punishments like jail time, fines, and sex offender registry mandates. Civil cases work differently, however. Survivors bring civil sexual assault claims against abusers and – in some cases – enablers of abuse in the hope of recovering financial compensation for demonstrable losses.
Cruise ship sexual assault cases can be particularly complicated, though, because of the role cruise lines may play in these incidents and the nuances of maritime law. Cruise ships are very insulated and may travel through multiple legal jurisdictions over the course of an itinerary. This means cruise lines have a duty to take reasonable steps to protect the health and safety of their passengers and crew members.
Unfortunately, many cruise lines require passengers to sign off on detailed ticket contracts that limit the line’s legal exposure and control how and where claims are brought in the event that a passenger suffers harm aboard the vessel. Even if a crime is committed on their ship or by one of their employees, cruise lines are rarely willing to take responsibility for the harm suffered by the people in their care.
If you were sexually assaulted on a cruise ship and are considering filing a civil claim against a cruise line, the most important thing you can do is work to establish the role the cruise line’s negligence played in your case.
When can a cruise line be considered negligent?
Negligence is key when it comes to holding a cruise line accountable for crimes and accidents. In order to hold a cruise line accountable in a civil sexual assault case, survivors must show that the cruise line owed them a legal duty of care and that their suffering was the direct result of the cruise line’s failure to exercise that duty.
For example, a cruise line may be considered liable for assault-related damages on the basis of:
Negligent hiring practices
If a cruise line failed to properly vet prospective crew members, it may end up hiring or promoting individuals with previous complaints or criminal histories. This puts passengers and other crew members at risk.
Inadequate security measures
Cruise lines are required to implement reasonable safety and security measures to help protect passengers and crew members. If inadequate lighting, a lack of surveillance cameras, or poor supervision by security staff contributed to or exacerbated the harm caused by a sexual assault, the cruise line could be considered responsible.
Failure to respond appropriately
Some cruise ship sexual assault survivors report that the cruise line’s actions following their assault compounded their suffering. If a cruise line discourages reporting, mishandles evidence, or otherwise compromises an investigation, those failures may support a negligence-based civil claim depending on the facts.
Alcohol overservice
This is a major consideration in cruise ship assault cases. Many cruise lines boast all-inclusive packages and serve large amounts of alcohol over the course of a trip. Alcohol overservice may be relevant to a broader maritime negligence claim if the cruise line’s alcohol service practices contributed to a foreseeable risk of harm. If alcohol played a role in an assault and an investigation reveals that the victim and/or perpetrator were overserved by cruise staff, the cruise line could be held responsible if its alcohol service practices contributed to a foreseeable risk of harm.
Lack of supervision in youth programs
Some cruise lines offer on-board childcare centers or teen-specific lounge areas. If a minor is sexually assaulted in one of these areas, the cruise line could be held accountable for failing to provide adequate supervision or employing substandard safety protocols.
These are just a few common examples of negligence that may play a role in a cruise ship sexual assault case. If you were assaulted on a cruise ship and you’re wondering whether you have a case against the cruise line, the team at Hickey Law Firm may be able to help you identify any potential sources of liability in your claim.
Should my case be handled in Miami?
Many of the world’s largest cruise lines are headquartered in Miami. That means that even if a cruise did not originate from PortMiami, there is a strong likelihood that your case will have to be filed in the U.S. District Court for the Southern District of Florida (though the answer depends on the ticket contract and the parties involved).
These determinations can be a bit complicated, so it’s always best to consult with an experienced cruise ship accident lawyer if you’re considering taking legal action against a cruise line. Cruise lines rely on jurisdiction clauses to control where and how lawsuits are brought, so if you don’t go through the proper channels, your case can easily hit a dead end.
Working with a Miami-based maritime attorney ensures your claim is filed correctly, within the required deadlines, and in the proper court. Additionally, experienced Miami cruise ship lawyers understand the intersections of local, federal, and maritime laws and can help their clients avoid some of the common mistakes cruise accident victims make when pursuing claims for compensation.
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Why hiring a Miami cruise ship attorney matters
Not all personal injury attorneys are equipped to handle cases against cruise lines or their employees. These cases require a high-level understanding of all relevant legal statutes, as well as the highly specific terms and conditions included in cruise ticket contracts. Even a well-respected personal injury lawyer can easily fall short in a cruise ship case if they lack the experience with and knowledge of these complex systems.
That’s why it’s always best to consult with an experienced, Miami-based cruise ship attorney on these cases. A cruise ship accident lawyer will have a better understanding of:
- Federal court procedures in the Southern District of Florida
- Common tactics major cruise lines use to deflect accountability
- Ticket contract provisions and how to leverage or challenge them
- Key components and considerations for cases involving maritime law
Taking it one step further by seeking out a Miami-based lawyer can further narrow the focus of your legal team and ensure you’re receiving localized guidance. If your legal team is unfamiliar with the jurisdiction where your case is going to be handled, they may not be up-to-date on the important nuances and filing requirements that could impact your claim.
Remember: You do not need to live in Florida to bring a cruise ship sexual assault claim. As long as your case falls under the jurisdiction of the Southern District of Florida, you may have grounds – or may be required – to file your case in this part of the country.
Contact our Miami cruise ship sexual assault lawyers
If you were sexually assaulted on a cruise, you may be within your rights to file a claim for compensation. Whether you were a passenger or a crew member at the time of your assault, you deserve to hold any and all responsible parties accountable for the harm you endured.
At Hickey Law Firm, we represent survivors in cruise ship sexual assault and rape cases because we believe a cruise vacation should never be a source of lifelong trauma. Our Miami-based team is committed to building strong, evidence-backed claims for compensation so sexual assault survivors can hold cruise lines accountable for their negligence.
If you or a loved one was assaulted on a cruise and you’re wondering about whether you should file a claim in Miami, you can request a free case consultation by filling out our online contact form or stopping by our Miami office at 12150 SW 128th Ct., Suite 225. We are standing by to learn more about your case and help you make informed decisions about how best to pursue accountability and compensation for your physical, emotional, and financial damages.