Sexual Assault on a Cruise Ship: Reporting & Your Rights

If you were sexually assaulted on a cruise, you have rights under federal law, both to report the crime and to bring a civil claim. This guide explains them plainly. If you are in danger or need medical care right now, contact ship security and the medical center, and call the FBI or 911 when you reach a U.S. port.

What the ship is required to have

Under 46 U.S.C. § 3507, covered cruise ships must, among other things:

• equip cabin doors with peepholes, and on newer ships, security latches and time-sensitive key technology;
• keep a video surveillance system to help document crimes;
• carry supplies for sexual assault examinations and medications to prevent sexually transmitted infections, with medical staff able to provide that care;
• give passengers a security guide describing how to report crimes; and
• train crew in crime-scene preservation (46 U.S.C. § 3508).

The law also requires the cruise line to report certain alleged crimes, including sexual offenses, homicides, suspicious deaths and missing U.S. nationals, to the FBI. The U.S. Department of Transportation publishes cruise crime statistics reported under the Act.

Reporting: your choices

• On board: you can ask for the medical center and ship security. You can ask that evidence be preserved.
• To the FBI: the FBI has jurisdiction over many crimes against U.S. nationals at sea. You can contact the FBI directly in addition to, or instead of, relying on the cruise line's report.
• When you get home: a forensic exam at a hospital is still possible soon after you return. In New Jersey, every county has a Sexual Assault Response Team.

Reporting is your decision. A civil claim doesn't require a criminal conviction.

When the cruise line is responsible

Assault by a crew member. In Doe v. Celebrity Cruises, the Eleventh Circuit held that a cruise line, as a common carrier, is strictly liable for crew members' sexual assaults on passengers. That means you don't have to prove the line was careless in hiring or supervising the crew member, only that the assault happened and who employed the crew member. Because most cruise tickets require suit in Miami, this Eleventh Circuit rule often applies.

Assault by another passenger. The standard is usually negligence. The question is whether the cruise line took reasonable steps given what it knew, for example, about prior incidents, over-serving alcohol, inadequate security patrols, unmonitored areas or failure to respond to warning signs.

Contract limits that don't apply

Federal law lets cruise tickets limit some claims for purely emotional injury, but expressly not in cases involving sexual harassment, sexual assault or rape (46 U.S.C. § 30527(b)(2)). A ticket also can't take away your right to a trial in court for personal injury (46 U.S.C. § 30527(a)).

Deadlines and privacy

Expect the ticket to require written notice within 6 months and a lawsuit within 1 year (46 U.S.C. § 30526). See cruise injury claim deadlines. Survivors can often ask the court for permission to proceed under a pseudonym such as "Jane Doe." The lawsuit may need to be filed in the court named in the ticket, often federal court in Miami, and may involve co-counsel admitted there. See why your ticket says Miami.

Helpful steps, when you're ready

• Write down what you remember, including names, cabin numbers, times and locations.
• Keep clothing in a paper bag if possible, and keep any messages or photos.
• Ask the ship for copies of your medical records and the security report.
• Get support. RAINN's National Sexual Assault Hotline is 800-656-4673.

Similar issues arise in rideshare cases. See rideshare sexual assault claims in New Jersey.

Confidential help is available through our cruise ship injury page.

General information, not legal advice. If you are in immediate danger, contact ship security or emergency services.