Fort Lauderdale Cruise Ship Sexual Assault Lawyer
Civil sexual assault cases | Port Everglades
Every year, millions of cruise passengers embark and disembark on vacations by way of Port Everglades in Fort Lauderdale. Seasoned cruisers and Florida locals both know just how busy this port can be – especially in light of the record-breaking passenger volume cruise lines have enjoyed over the last few years.
No cruise passenger sets off on their vacation with the expectation of being the victim of a crime. Unfortunately, however, this becomes a sad reality for dozens of travelers every year. Cruise ships are hardly immune to criminal activity, and certain crimes, including sexual assault, must be reported to federal authorities under U.S. law, and publicly disclosed data reflects these incidents.
No matter where a sexual assault takes place, the impact of this crime can last a lifetime for many survivors. Even the most seemingly straightforward sexual assault cases can pose legal challenges for plaintiffs and their families, and cases involving cruise travel are even more complex.
At Hickey Law Firm, we understand how state, federal, and maritime law can all impact civil sexual assault claims in cruise-related cases. Jack Hickey, our founding attorney, is triple Board Certified, including in Admiralty & Maritime Law, which is an important distinction in cruise ship cases. If you were assaulted on a cruise departing from Fort Lauderdale, contact our team to discuss whether you may be within your rights to file a claim for damages related to the harm you suffered while aboard the ship.
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Frequently Asked Questions
What qualifies as a cruise ship sexual assault case?
The definition of sexual assault doesn’t change based on location. No matter where you are, you’re entitled to having your bodily autonomy preserved and respected, and anyone who violates that autonomy should be held accountable. The easiest way to understand what constitutes sexual assault is to think of it in terms of consent.
Sexual contact has to be voluntary in order for it to be considered lawful. Any sexual contact that takes place without the consent of all parties could be considered abuse or assault, depending on the specific facts of the case. Many people think that the term sexual assault only refers to forcible acts like rape or attempted rape. In reality, however, something like a nonconsensual kiss or other unwanted forms of physical touch could also be considered sexual assault under the law.
Consent isn’t always verbal, and there are clear legal guidelines around what does – and does not – constitute consent under the law. For example, a person may be unable to consent to sexual activity if:
- One party is below the legally permitted age or otherwise incapable of consenting under applicable law. Florida law, under § 794.05, for example, 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.
- One party is so intoxicated that they are unable to make informed decisions about whether to engage in sexual activity.
- The perpetrator forced their victim to engage in sexual contact by using threats of force or abusing a position of authority.
- The victim has a cognitive or physical disability that impacts their ability to understand or communicate consent or that prevents them from fighting back against unwanted advances.
In any of these situations, the recipient of the unwanted or nonconsensual contact could be within their rights to take legal action against the perpetrator, as well as any additional parties who may have enabled or contributed to the assault.
In cruise ship sexual assault cases, some survivors are left wondering whether the cruise line itself could be held liable for the harm they endured. This is just one complicating factor survivors may encounter when attempting to pursue accountability for a sexual assault that took place during a cruise.
An experienced cruise ship accident lawyer can help clarify the cruise line’s role in a sexual assault and support a client in their efforts to hold negligent parties accountable under the law.
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Why cruise ship sexual assault cases are different
On land, sexual assault cases can be tried in criminal or civil court. Criminal cases are brought by prosecutors against alleged perpetrators in an effort to establish guilt and secure appropriate legal penalties. Civil cases, on the other hand, are brought by survivors against perpetrators – and enablers, in some cases – in an effort to recover compensation for losses related to their assault.
In many of these cases, actions are filed in the jurisdiction where the assault took place, though this could vary somewhat depending on the facts of the case. When an assault takes place at sea, however, the process is a little more complicated. That’s because cruise ships travel through multiple jurisdictions and often rely on internal security teams to protect passengers and crew members. Cruise lines also employ their own investigative and reporting protocols that may or may not align with standard practices on land.
Additionally, many cruise lines ask passengers to agree to very detailed ticket contracts as a condition of sailing. These contracts may outline specifically how, when, and where any claims should be filed in the event of an accident, injury, or crime. All of these factors can create logistical and legal hurdles for survivors looking to take action after being victimized on a ship – particularly if the injured party doesn’t have an experienced cruise accident lawyer on their side.
When can a cruise line be held responsible?
In addition to holding individual perpetrators accountable, cruise ship lawyers can help survivors pursue claims against negligent cruise lines when the evidence supports liability. In practice, this means a survivor will need to show that:
- The cruise line owed them a legal duty of care
- The cruise line violated that duty by failing to take reasonable steps to address a known or foreseeable risk of harm
- The victim suffered physically, emotionally, and/or financially as a result of the cruise line’s failures
If a case meets the above criteria, a survivor may be able to file a civil claim against the cruise line itself. While not every cruise ship sexual assault supports a claim of cruise line negligence, there are many scenarios that could result in a corporate entity being held liable for certain losses.
Even if the cruise line did not have the ability to prevent the assault, its actions before or after the incident may still be relevant if it failed to respond reasonably to known risks, its actions after the fact can contribute to additional harm or interfere with a survivor’s ability to report their assault, preserve evidence, or initiate legal action. A cruise ship sexual assault lawyer can help survivors identify the potential impact a cruise line’s actions may have had upon their safety and well-being and aid in the collection of evidence to support claims of cruise line negligence.
Examples of cruise line negligence
It can be a little difficult to wrap your head around how responsibility may be shared between individuals and the cruise line for a cruise ship sexual assault. Here are a few examples of negligent actions that could open up a cruise line to claims of liability in a sexual assault case:
Failure to monitor high-risk areas
Surveillance cameras, security personnel, and well-planned lighting can all play a critical role in reducing the likelihood of assaults on cruise ships. If a cruise line fails to properly implement these resources, it could face claims of liability if those failures contributed to the harm endured by a sexual assault survivor.
Ignoring prior incidents or complaints
If a cruise line was aware of previous misconduct by an employee or failed to address known safety concerns, that history may become relevant in a sexual assault investigation. Cruise lines need to carefully vet their employees prior to placing them in close proximity to travelers, and lines that don’t take this responsibility seriously may be held liable if their failures to properly vet or supervise crew members contributed to the assault.
Inadequate training or supervision of staff
There is a bit of hierarchy at play among crew members and between cruise line employees and passengers. Passengers trust crew members to demonstrate care for their welfare and may be unfairly taken advantage of by cruise line employees who abuse their power. If a cruise line fails to properly train or supervise its employees and that failure contributes to a crew member causing harm, the cruise line could be considered at least partially liable.
Overservice of alcohol
This is a big one. Many travelers appreciate the all-inclusive nature of many popular cruises. In these environments, alcoholic beverages tend to flow fairly freely, which can put passengers at risk of being abused while too intoxicated to consent. To prevent this from happening, cruise staff are expected to exercise reasonable care when serving alcohol. If overservice contributed to intoxication and created a foreseeable risk of harm to the passenger who is then sexually assaulted while incapacitated, the cruise line could face claims of liability.
Failure to respond appropriately after an incident
A cruise line’s actions after an assault matter just as much as its actions leading up to an incident. If a cruise line compromises an investigation by failing to preserve evidence or attempts to sweep a reported assault under the rug, a survivor may be able to hold them accountable for any additional harm they suffered because of these actions.
What compensation is available in a cruise ship sexual assault case?
Sexual assault can be an incredibly traumatic experience for survivors in more ways than one. While criminal sexual assault cases can play a major role in helping survivors get justice, these criminal proceedings may not do much in the way of providing a plaintiff with the resources they need to address the long-term impact of their assault.
Civil sexual assault cases aim to fill in these gaps by advocating for survivors to receive compensation for the value of certain losses related to their assault. These claims commonly include damages like:
- Medical expenses
- Therapy and counseling costs
- Medication costs
- Lost income or reduced earning capacity due to physical and/or emotional trauma
- Costs related to travel or relocation after the incident
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Every case is different, and the value of a claim depends on the specific facts involved. An experienced cruise ship accident lawyer can help assault survivors calculate the value of their losses and gather evidence to support that valuation. Some attorneys even partner with professional accountants, economists, and care planners to develop a more comprehensive overview of their clients’ past expenses and future losses.
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Where to file a cruise ship sexual assault case
Because of the jurisdictional issues discussed above, many survivors of cruise ship assaults are uncertain about the proper channels for filing civil claims. For cruise lines that operate out of Port Everglades, many cases will fall under the jurisdiction of the U.S. District Court for the Southern District of Florida.
Even if you were at sea or in an entirely different region at the time of your assault, your ticket contract may require that your claim be filed in the Southern District of Florida. It’s crucial that you refer back to this contract if you’re considering filing a civil lawsuit. These contracts often include important details about how to report your incident, where to file a claim, and what kinds of time limits may apply.
If you miss any reporting or filing deadlines or attempt to pursue a claim in a court without jurisdiction, you may compromise your recovery options. Your attorney can help you sift through the fine print and make informed decisions about how best to proceed with your case.
Contact our Fort Lauderdale cruise ship sexual assault lawyers
If you were sexually assaulted on a cruise, you don’t have to do this alone. At Hickey Law Firm, our team of South Florida cruise accident lawyers isn’t afraid to go toe-to-toe with the major cruise lines that operate out of Fort Lauderdale and the surrounding areas.
We represent survivors in cruise ship sexual assault and rape cases because we believe that no one should be taken advantage of while taking a vacation or doing their job. If your cruise departed from Fort Lauderdale or Port Everglades, we would love the opportunity to learn more about your case.
Fill out our online contact form or stop by our Miami office at 12150 SW 128th Ct., Suite 225, to schedule a free consultation, and let’s discuss how our team can support you in your fight for justice.