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August 30, 2006

Our Client, a Cruise Crime Victim Speaks Out

The Charleston Gazzette published a story covering the cruise ship sexual assault of one of our maritime law firm's clients. Read the article below:


CRUISEV2.jpg
Kimberly Dean Edwards recounts how a fellow passenger sexually assaulted her in 2004. Now, with the help of some West Virginia lawmakers, she and the International Cruise Victims organization are battling for legislation to make cruise lines accountable.

August 30, 2006

Cruise crime victim gains political support for fight
By Sarah K. Winn
Staff writer


Kimberly Dean Edwards wanted to spend her 40th birthday relaxing on a four-day Royal Caribbean cruise.

“The first two days were a dream trip,” the Parkersburg resident said. “Now, I want my 40th birthday back.”

During her 2004 trip, Edwards said, a male passenger sexually assaulted her in a women’s restroom while two crew members watched and did nothing.

“What seemed to be innocent, drunken fun for him began the nightmare for me,” she said.

When the man first entered the women’s restroom, she laughed it off.

“‘You do know you are in the ladies’ room?’ I asked,” she said. After agreeing to pose for a picture with the man, the man began fondling her while another man snapped pictures, she said. Two ship employees, a man and woman, stood at the bathroom door, holding it open, she said.

Following the assault, she told her then boyfriend and now husband, Mike Edwards, who went to talk to the employees and security. For the next two days, they did little to help, even threatening to arrest her after she confronted the man who assaulted her, she said. The man was allowed to roam freely, although she was told he would be confined to his room, she said.

Edwards’ story is not unique. With the help of the International Cruise Victims organization, she is lobbying to make cruise lines responsible for the crimes that happen on board. And her efforts in West Virginia are paying off.

After Gov. Joe Manchin received a letter from Edwards, he sent letters to federal representatives encouraging them to talk to Edwards and support the efforts of the ICV.

“The governor’s primary concern is that all American citizens aboard [cruise ships] have all the protections available to the them by law,” said Manchin’s spokesman Tom Hunter. “Every constituent’s concern the governor takes very seriously.”

Manchin is the first governor to issue such support, Edwards said.

Also, Rep. Alan B. Mollohan, D-W.Va., has signed on to co-sponsor bill HR5707, which will require cruise lines to report crimes at sea within four hours or face heavy fines.

“No matter where or when a crime occurs, it should be fully investigated and prosecuted,” Mollohan said in a statement. “Unfortunately, many victims of cruise ship crimes have a different experience. Their ordeals have been made worse by callous treatment — or even disregard — from those who should have been assisting them. This legislation would ensure that crimes are reported and would begin to provide victims with the justice they deserve.”

- advertisement -Called the Cruise Line Accurate Safety Statistics Act, the bill was introduced in June by Rep. Christopher Shays, R-Conn., with Rep. Carolyn Maloney, D-N.Y., as the original co-sponsor.

Now, Edwards wants other West Virginia legislators to get on board, especially Rep. Nick J. Rahall, D-W.Va., who serves on a transportation subcommittee. She wants Democratic Sens. Robert C. Byrd and Jay Rockefeller to propose a similar bill in the Senate, she said.

Edwards is already pursuing some recourse, with a civil suit pending in Miami against Royal Caribbean. She is also looking for a lawyer to help with a suit against her assailant before the statue of limitations runs out in October.

Her involvement with ICV has helped her battle the aftereffects of her assault, including nightmares and a fear of public restrooms. “I just felt so alone in this,” she said.

She has become close with the family of George Smith IV, who disappeared off a Royal Caribbean ship in July 2005. She wears a button with his picture. Smith is one of many who have disappeared while on cruises. She tells her story for those that can’t or don’t have the courage, she said.

“Every day, I look at their pictures on the Web site, they are the people that are gone,” she said with tears in her eyes. “I’m committed to changing the laws so cruise ships are held accountable and treat victims with the respect they deserve.”

Letter from Governor Manchin on Cruise Ship Crimes

Here's another letter received by one of our maritime law firm's cruise ship sexual assault clients.


TIP: Click on the image below for a pop-up view of the letter which is larger. .


Letter from Congressman Mollohan on Cruise Ship Crime

Some cruise ship rape victims have been very active with lawmakers in getting new legislation passed to better protect cruise passengers from crimes at sea and make cruising safer. Here is one of our client's letters she received from Congressman Mollohan regarding her attack and what he promisses to do regarding cruise ship crime.

TIP: You can click on the letter below to see a larger image (must allow pop-ups).



Lipcon, Margulies & Alsina, P.A. represents this client with respect to her cruise ship sexual assault case. If you would like a confidential consultation regarding a cruise ship crime or sexual assault please contact us.


August 25, 2006

Cruise Ship Tax Bill Passes in Alaska

A new cruise ship law taxing Alaskan cruises and cruise passengers is passed. This new law may add hundreds of dollars to vacationers bills. The text from the ballot is inserted below and summarizes what the new cruise ship tax means.

CRUISE SHIP TAXATION, REGULATION and DISCLOSURE

This initiative would impose a $46 per person per voyage tax on large cruise ships to pay for vessel services. It would provide for the proceeds from the tax to be deposited in the state general fund and, subject to appropriation by the legislature, distributed to municipalities. It would levy a tax on cruise ship gambling activities in state waters. It would change the way cruise ship corporate income tax is calculated. It would require cruise ship operators to gather and report more information, and get a new type of permit for sewage, graywater or other wastewater before discharging in state marine waters. It would assess a $4 per passenger berth fee and require large cruise ships to have state-employed marine engineers (Ocean Rangers) licensed by the Coast Guard to observe health, safety and wastewater treatment and discharge operations. It would authorize citizen lawsuits against an owner or operator of a large cruise ship, or against the Department of Environmental Conservation, for an alleged violation of any permit condition, provision of environmental statutes or performance of duties. It would also enable a person who provides information leading to enforcement of the law to receive 25 to 50 percent of fines imposed. It would impose additional requirements on disclosures about on-ship promotions of shore-side businesses.

August 14, 2006

Australia Takes Steps with Respect to Excessive Drinking on Cruises

Alcohol on cruise ships has been the topic of a media newsblitz with passengers overboard and cruise ship crimes such as cruise rapes being alcohol involved. According to this article in Seatrade Insider, Australia is taking steps to better manage alcohol on cruise ships.

If someone you know has been the victim of a crime on a cruise ship and alcohol was involved, contact us for a confidential consultation. We have extensive experience in handling these types of cases.

Read the article, from Seatrade Insider, below:

Undercover liquor inspectors to sail with P&O Australia
10/8/2006
A meeting this week between compliance staff of the New South Wales Office of Liquor, Gaming and Racing and Carnival Australia’s fleet personnel manager, John Nell, has paved the way for seagoing liquor inspectors.

The NSW Minister for Gaming and Racing, Grant McBride, said Carnival Australia’s decision to discuss the ‘responsible service of alcohol procedures and drink-spiking awareness’ was ‘a positive step in the right direction.’

McBride said P&O Cruises Australia has invited compliance officers to sail in its ships and review its existing liquor and security policies.

‘While it is at the company’s invitation, officers will be going in undercover and crew members and patrons (sic) will be unaware of the operation,’ he said.

‘It must be made clear that the NSW Government has no jurisdiction over international waters. However, P&O has realised that our practices and procedures in NSW are fostering a cultural change in the State’s liquor industry - a culture of respect and responsibility.

‘We are keen to do all we can to ensure citizens on cruise ships departing from NSW are protected.’

The introduction of undercover liquor inspectors comes during a coronial inquest into the death of a passenger, Dianne Brimble, from alcohol and a ‘date-rape’ drug on board Pacific Sky in 2002. The hearing is set to resume in the Glebe Coroner’s Court next month.

The move also follows a statement issued just under two months ago by P&O Cruises Australia that said the company’s response to the unacceptable conduct of a ‘small minority’ of passengers and crew had been inadequate and that action will be taken against excessive behaviour (Seatrade Insider 28/6/2006).