Cruise Ship Law

By Joan Delaney
Epoch Times Victoria Staff

When Merrian Carver went missing on the second day of a Royal Caribbean cruise to Alaska in 2004, her family members say they weren't notified by the cruise line.

In fact Kendall Carver, the father of the 40-year-old woman from Massachusetts, says after his daughter's disappearance his family had to cope with a painful "cover-up" by cruise ship officials.

The incident went unreported to the FBI until weeks after the disappearance, and was only reported then because Carver contacted Royal Caribbean.

The cruise line, which had already disposed of most of Merrian's belongings, indicated to the FBI that nothing had happened on the cruise, says Carver, and refused to permit Carver to interview the steward who had looked after his daughter's cabin.

"We determined that we wanted to speak to one person (the steward) on board that ship, and to do that we had to hire an international detective agency, two law firms, take court action in two states and spend $75,000." It was only after a court-ordered deposition, Carver says, that "we found out they were lying to us the whole time" as the steward had in fact reported Merrian's disappearance. She has never been found.

Carver has since formed the International Cruise Victims Association to support victims and help bring about change in an industry that has been accused of being arrogant and uncaring toward victims of crimes perpetrated during a cruise.

It has been said that cruise ships are the perfect place to commit a crime. This is because international cruise lines operate under foreign "flags of convenience" and are not required under U.S. law to report crimes that occur outside of U.S. territorial waters.

Although cruise lines have agreed to voluntarily report crimes committed at sea to the FBI and the U.S. Coast Guard, this currently only applies to Americans.

NDP MP Denise Savoie and NDP Transport Critic Brian Masse want some protection in place for Canadians as well and are asking for a written commitment from Miami-based Cruise Line International Association (CLIA) to report all crimes committed against Canadian passengers and crew while on board international cruise ships.

"I'm asking why is the industry not reporting to Canadian authorities and why has our government not stepped up and demanded this," says Savoie, whose riding of Victoria will receive 211 international ship visits this year and an additional 10 "pocket-ship" visits.

Savoie's call coincides with a Senate hearing led by U.S. Senator John Kerry on the issue of crime on cruise ships. Last week, Kerry introduced legislation that would improve safety and accountability. Similar legislation has been introduced in the House of Congress.

The Senate hearing and also a series of Congressional hearings in recent years heard from victims of cruise ship crime and their families who felt abandoned and frustrated with what they said was a cavalier attitude and a lack of cooperation from the industry.

Critics and victims accuse cruise lines of attempting to conceal crimes while the only "punishment" meted out to crew members is to fire them. However, these workers are often able to get hired on another ship.

While most who take a cruise will never encounter any problems, victims of a crime may find that they're on their own.

Ross Klein, a professor of social work at Newfoundland's Memorial University, says that while the industry has agreed to report crimes to the FBI, the agreement has no teeth because it is done on a voluntary basis and there's no obligation to make the crimes public.

"Back in 1999 the cruise lines announced a zero tolerance policy but that certainly hasn't been the case in practice given the numbers of sexual assaults and other crimes," he says.

While the industry insists passengers are safer at sea than on land, Klein says his research shows that the rate for sexual assaults on cruise ships is about 57 per 100,000.

"That's about 80 to 90 per cent higher than the rate for forcible rape in the U.S. Particularly significant is that it is more than three times higher than what the industry claimed in their testimony before Congress in 2006."

Passengers as well as crew members can be both victims and perpetrators. Children have been sexually assaulted as well.

People disappear from cruise ships at the rate of about 20 per year, says Klein, some of which take place "under very mysterious circumstances."

"In some cases they are suicides, in some cases they are accidents, but certainly the majority of cases remain questionable in terms of how and why that person disappeared."

Klein, who testified at the Senate and Congressional hearings, has written extensively about the cruise industry and often appears as an expert witness on cruise ship crime. He has also joined in the call for Canadian regulations.

While requests for an interview with the CLIA were not granted, CLIA president Terry Dale told the Senate hearing that the industry's "care and compassion" in dealing with victims of crime has not always been satisfactory.

However, he said cruise lines "have made great strides in the past two years to improve our procedures to provide more support to those who have been injured or families that have been affected."

Dale also said that both the FBI and the U.S. Coast Guard have testified that the voluntary reporting system is working efficiently.

Some commentators believe the high number of sexual assaults during cruises is partially due to staff being separated from their wives or girlfriends for up to six months at a time and a party atmosphere on board where alcohol flows freely.

Miami-based Charles Lipcon, a maritime lawyer for 30 years, cites an additional reason.

"I believe that the number of sexual assaults on cruise ships is increasing quite a bit. I think the word is out among sexual predators that you can go on a ship and rape someone and nothing happens to you even if you're caught. So what kind of message is that?"

Date rape drugs are increasingly used in sexual assaults on cruise ships, says Lipcon, adding that in his experience the cruise lines first and foremost scramble to safeguard themselves rather than the victim in the event of a crime.

While the U.S. government has jurisdiction over crimes involving U.S. citizens and residents, Lipcon says investigations usually lead nowhere because in many cases law enforcement cannot board the ship until a few days after a crime is committed and evidence is often not properly preserved.

In an industry worth an estimated $35.7 billion, Carnival Cruise Lines, Royal Caribbean and Norwegian Cruise Lines account for about 94 per cent of the North American market.

The ships are registered in countries such as Liberia, Panama and Bermuda, and pay little if any corporate tax. Some ships carry up to 4,000 passengers.

As well as testifying at the hearings, Carver says he has had "feel-good meetings" with cruise industry officials several times who, he says, agree to make improvements but never do.

He hopes Kerry's bill will be passed, but given the lobbying power of the industry, he's not holding his breath.

"Last year they spent $2,800,000 in Washington lobbying — you're talking big money. We know we're in an uphill struggle but at least we're giving them a lot of heartburn."

Testimony of Ross A. Klein, PhD, Before the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Senate Committee on Commerce, Science, and Transportation

Hearings on "Cruise Ship Safety: Examining Potential Steps for Keeping Americans Safe at Sea"
[PDF 420K]

Brittany Oakley
English 12 Honors
2nd Block-Ms. Henderson


Can you imagine going on a cruise with your family and returning home without your brother or sister, because they have disappeared into thin air or become a victim of a tragic accident? This is a harsh reality for many families, who are left with no where to turn when they are victimized aboard a cruise ship. They turn to the cruise line for help, only to find later that the cruise line is more interested in protecting themselves and keeping their tragedy a secret. Between the years 2003 and 2006, two hundred and six crimes were reported aboard cruise ships, eighty six percent of which were sexual assaults. Although the number seems to be extremely low, the industry is only required to report incidents that result in serious physical injuries, and reporting is left up to the cruise line with no oversight (Lipcon 39-41).

In 1993, the General Accounting Office (GAO) concluded that the safety of United States (U.S.) citizens onboard cruise ships could be enhanced and recommended that the Coast Guard seek to improve the international regime of regulating cruise ships. The GAO emphasized that the growth of cruising and the increasing size of cruise ships has created a "serious potential for a high loss of life" ("GAO Urges Coast Guard to Improve Cruise Ship Safety" NP). During the years 2003 through 2006, twenty-eight cruise ship passengers were reported as missing, but it remains to be determined by U.S. lawmakers if these missing person cases were reported properly and investigated thoroughly ("Congress Questions Cruise Ship Safety and Security" NP). The International Cruise Victims Association (ICV) was formed early in 2006 by eight families with relatives who disappeared from cruise ships. A spokesman of the ICV stated in a congressional hearing, "The number of disappearances plus the number of sexual assaults is alarming. The only way they're going to change is by Congress regulating them" (Lipcon 4-5). The ICV is currently being successful at getting Congress to hear their positions, but lobbyist for the cruise lines continue to be very effective in convincing our lawmakers that the industry is concerned enough about the negative publicity to take care of passenger safety and security problems without the need for regulations (Klein, "Cruise Ship Squeeze" 195).

There are many personal tragedies aboard cruise ships, but most are unreported due to disclaimers or settled by payoffs in return for secrecy, and the real causes of these tragedies are never known. Consequently, Congress has not determined that the U.S. should place additional regulations on cruise ships that sail in and out of our ports in order to provide for the safety and security of our citizens. Any cruise ship that operates out of a U.S. port should be subjected to U.S. rules and regulations, and the safety and security of the passengers should be of paramount concern to the cruise line industry and the U.S. Government. However, numerous problems continue to exist within the industry.

The cruise lines do not call in authorities immediately, interfere with investigations, and seem to be more interested in avoiding negative publicity than punishing the guilty. Complaints of sexual assault are quietly settled with victims in return for their silence ("Victims of Crimes Urge Federal Regulations on Cruise Ships" NP). Industry lawyers are flown in to intimidate victims to sign confidentiality agreements. Threatening to subpoena schools records to raise questions in the community about the family or victim's character is a common technique used by the lawyers. In some cases, victims are given sedatives or liquor, so they will give an incoherent account of the incident. In most cases, the victim agrees to a settlement with the cruise line. (Lipcon 63-72) Janet Kelly, a business woman and cruise-crime victim was drugged and raped by a bartender aboard a cruise ship in 2000. The assailant continued to work on the same cruise ship for months before the FBI interviewed him and examined the evidence. Eventually, by filing a civil suit, she was able to successfully settle a lawsuit against the cruise line. Point in fact, the assailant was fired and rehired by another cruise line. Janet is one of the few that have been allowed to subsequently discuss their settlement, because she refused to be silenced ("Congress Questions Cruise Ship" NP).

Cruise ships are known for using certain tactics to avoid publicity and settle with underrepresented and injured passengers, and the captains are known to receive large bonuses for trips without complaints. A common practice is to delay reporting a crime by telling the victim that the FBI has been contacted, offering a cabin upgrade, or trying to get them off the ship. In many cases, the accused perpetrator is removed from the ship and sent home to a foreign country, where they cannot be tracked. Crewmen who commit or witness crimes are known to lie to avoid retaliation by the cruise line. Often crimes occur on the last day of a cruise, and the victim does not have time to report the complaint while onboard. Later, they find that complaints not filed while onboard are not entertained by the cruise line. In one case, a Massachusetts woman was assaulted by a cabin steward on the last day of her cruise as she was packing to leave. She didn't have time to report it, but told another passenger and dropped a note in the suggestion box. When she got home, she wrote a letter to the cruise line, but was told there was nothing they could do, because she did not report the crime while onboard (Lipcon 69).

Another known tactic to avoid publicity is sloppy investigations. Numerous problematic actions are completed by the cruise line's security personnel before the FBI is contacted: failure to adequately secure the crime scene, passengers who should be interviewed as witnesses are not, and passengers are interviewed without audio or videotape. In addition to the fact that the security guards are known for being inadequately trained, in some cases having only eight hours of training, the security guards completing crime investigations have limited ability to communicate in English, which limits their ability to communicate with the victim and possible witnesses (Lipcon 64-69).

The medical staff members aboard the cruise ships are not properly trained and do not have adequate test equipment to investigate crimes. Medical records are found to be incomplete. Rape test kits are not used on rape victims, and saliva tests are not used on rape suspects. The American Medical Association (AMA) called on Congress for federal legislation to establish minimum standards for medical care on all cruise ships, but Congress is dragging their feet and no legislation has been passed. In the case of Elizabeth Carlisle, she complained of abdominal and lower back pain. Without examining her, Dr. Mauro Neri diagnosed her with the flu and prescribed an antibiotic. Her condition worsened and when she arrived back in Michigan, it was discovered that she had a ruptured appendix and massive infection. The delay and misdiagnosis left her with lifelong problems. In another case, James Curtis was found unconscious in a restroom. When revived, he complained of stomach pain, so he was put on intravenous medication. His pains were caused by an abdominal rupture, which required a transfusion. Improper diagnosis delayed treatment and he died.

Many people die onboard cruise ships; undoubtedly, some could be prevented if the proper medical care were offered. A ship's medical care is equivalent to the care available at a walk-in clinic. However, emergencies are bound to occur on ships that require medical care equivalent to that provided by hospital emergency rooms. Margaret DiBari complained of chest pains and difficulty breathing. She was diagnosed with an upper respiratory infection. Later, she was hospitalized and died in intensive care after experiencing a second heart attack. In another case, Janice Hatch went to the ship infirmary to have her blood sugar checked. The doctor and nurse said it was extremely high and administered insulin. She went into insulin shock. Her husband used his wife's glucose meter to check her blood sugar, which indicated it was too low. Glucose was administered, but she was left permanently disoriented (Lipcon 86-88).

Cruise ships operate under the auspices of the International Maritime Organization (IMO) ("International Maritime Organization" NP). The IMO is an agent of the United Nations and represents 152 major maritime nations. While aiming at providing a safe and organized industry, it does not protect individual rights of U.S. citizens or guarantee any form of humane treatment for cruise ship employees ("International Maritime Organization" NP). The International Transport Workers' Federation (ITF) focuses on the rights of workers on all ships, and is actively engaged in a campaign to end the "flags of convenience" practice, a practice under which cruise ships can avoid U.S. taxes and regulations (Klein, "Cruise Ship Blues" 120-141). "Flags of Convenience" is a Maritime Law from the Roosevelt administration that was passed to protect U.S. ships during wartime, under which U.S. ships were allowed to register in other countries and by doing so, were less apt to be attacked. After the war, the law was not repealed, just like many laws that remain on the books forever. Cruise lines have found it to be a good means to avoid paying U.S. taxes and the restrictions associated with employees when subjected to U.S. regulations, and lobbyists for the industry have been successful in convincing Congress that it should not addressed.

Cruise ship employees are hired with promises of high paying jobs. They become disillusioned, angry and are vulnerable to take bribes or commit other criminal activity. Cruise ships are run like sweatshops with workers being underpaid, required to work long hours, and poorly treated (Lipcon 43). Some people believe that cruise ship employees are involved in "Trafficking in Women," a term used to describe taking women into captivity for the purpose of sexual exploitation, which is a criminal phenomenon in which cruise ship employees are paid to drug women and allow them to be taken by captors to other countries where the women end up in the sex trade.

Cruise lines are exempt from the U.S. laws that help provide for our safety and security. The ICV speaking for the families and friends of victims, joined Congressman Christopher Shays and Congresswoman Carolyn Maloney in June of 2006 when the Cruise Line Accurate Safety Statistic Act (CLASS) was introduced (Lipcon 53-61). In 2004, Kendall Carver did not return from a cruise, and the cruise line made no effort to notify the family or authorities ("Victims of Crimes Urge" NP). In August 2005, George Smith, IV disappeared from a cruise ship while on his honeymoon after a horrific thud was heard and blood was found on the overhang of the balcony below. The cruise ship provided no information or assistance. In another situation, Christopher Caldwell was thirty-eight years old when he disappeared from a Carnival Cruise Ship in July 2004. His sister, Shannon Nowlan testified about the lack of assistance and cooperation from the cruise line. She also conveyed that the cruise line showed no sympathy toward her brother's situation. In a similar manner, Amy Lynn Bradley was twenty-three years old when she disappeared from a Royal Caribbean Cruise Ship in 1998. Many sightings of Amy have been reported, but none have led to finding Amy. Amy's family is still searching for answers and closure (Lipcon 55-56). All of these cases have one thing in common, the poor assistance and cooperation they received from the cruise line, and the lack of laws to hold the cruise line responsible or accountable for their actions.

Laws governing cruise ship operations and the small print on cruise tickets are skewed in favor of the cruise lines, which make it virtually impossible for families to hold any of the cruise lines accountable or to be compensated for losses. (Lipcon 64-68) The cruise ticket entitles the passenger to three meals a day and travel, nothing else. Ira and Myrtle Leonard were robbed of jewelry valued at $6,774. It was not reported by the cruise line as a crime, because it was less than $10,000. A disclaimer on the ticket exempted Royal Caribbean of any responsibility, leaving the couple with a civil suit as the only alternative, which would not have been cost-effective. Unlike in most U.S. states that give two to four years to sue, passengers on ships must file a claim within six months and begin the lawsuit within one year to receive any compensation for physical injury. Also, the cruise lines can pick the location where victims can sue (Lipcon 28-29).

In spite of the numerous tragedies that occur aboard cruise ships, there are many counter-arguments that are used by lobbyists to support the status quo position. Richard Fain, the chairman of the International Council of Cruise Lines (ICCL) argues, "There is no question, the cruise line industry is safer and more environmentally friendly today than it was five years ago" ("Safety Officials, ICCL Pledge to Cooperate" NP). News of injuries and accidents are creating doubts about the safety of cruise vacations and are threatening the $15 billion industry. The industry's sales have slowed and discounts are up, particularly for Caribbean vacations ("Cruise Ship Incidents Hurting Industry" NP). It is in the best interest of the cruise lines to establish their own standards and avoid the negative publicity caused by injuries and accidents (International Council of Cruise Lines' Members to Set New Mandatory Safety and Environmental Standards" NP). Representative John Duncan insists, "If we over-regulate, it could make it so expensive that only wealthy people could take cruises" ("Victims of Crimes Urge" NP). Regulating cruise ships sailing from U.S. home ports would require the ship to be registered in the U.S., and would cause the cruise line to be taxed as any other U.S. business. In order to be able to pay the taxes and meet the requirements of increased regulations, the cruise lines would have to raise the price of a cruise ticket significantly (Klein, "Cruise Ship Blues" 140).

Alaska is one state that does not allow any cruise ship to enter its ports without complying with U.S. rules and regulations. No "flags of convenience" are allowed, and their cruise industry is thriving (Klein, "Cruise Ship Blues" 101-102). In 2006, Michael Crye, president of the ICCL, reported to Congress that cruise lines appear to have a relatively low crime rate when compared with many American communities, and the cruise industry is thirty times safer than American communities in general. Charles Lipcon, maritime lawyer for the victims, explained that cruise line reporting requirements allow only thefts over $10,000 to be reported, and a majority of sex crimes are never reported due to the lack of federal oversight. Lipcon also asserts, "The cruise lines are silently working against the victim." Cruise lines control the scene of the crime, the witnesses, and the evidence, all of which is filtered through their risk-management department ("Congress Questions Cruise Ship Safety and Security" NP).

The safety and security of cruise ship passengers can only be accomplished by subjecting any cruise ship that operates out of a U.S. port to U.S. rules and regulations. It is a concern for all cruise ship passengers, because they are unsafe when outside of U.S. laws. It is important to cruise line employees, because they are treated inhumanely and subjected to unfair labor practices when not protected by U.S. laws. As concerned citizens, average people can write letters to Congress Members, U.S. Coast Guard Officials, and politicians at any level of government ("Cruise Ship Incidents Hurting" NP). Television and other media can focus on the education of potential cruise ship passengers, by raising the public awareness of the safety and security hazards. Cruise ship passengers can take responsibility for their own safety and security by increasing their awareness and avoiding potentially hazardous situations. Individuals can unite with the ICV or other local organizations to lobby congress to do something about the lack of regulation regarding safety and security of passengers of cruise ships (Lipcon 88-91). Consumers and citizens need to ensure that cruise ships are held accountable for their actions ("Cruise Ship Incidents Hurting" NP).

Holding cruise lines accountable will require government intervention. Congress needs to pass H.R. 5707, "Cruise Line Accurate Safety Statistics (CLASS)" Act, which requires all disappearances of passengers be reported to the Department of Homeland Security (DHS) within 4 hours. Under H.R. 5707, the cruise company must submit a quarterly report of each crime, missing person, or man overboard case to the DHS, where it will be posted on the Internet. The DHS will inspect each cruise ship that docks at a U.S. port to ensure adequate equipment and trained personnel to investigate crimes ("Victims of Crimes Urge" NP). Cruise companies must refer potential cruise ticket buyers to an Internet site with all cruise crime statistics, the name of each country the ship is visiting, and the location of the U.S. embassy and consulate in each country. U.S. Sea Marshalls, as proposed by the ICV at the 2006 hearing of the House subcommittee, should be on all cruise ships to provide for the safety and security of the passengers. These Sea Marshalls must have the credentials necessary to conduct a thorough and timely investigation of all reported crimes. Most importantly, our lawmakers need to repeal the outdated "Flags of Convenience" law and pass new laws that will hold cruise lines accountable for negligence and crimes committed by employees (Lipcon 81-83). "The message must be delivered to the cruise lines that if they take passengers from a United States port, they are responsible to return them safely or be held accountable if they commit crimes or acts of gross negligence" ("Victims of Crimes Urge" NP).

Once again, imagine going on a cruise and returning home without a family member, because they have disappeared into thin air or become a victim of a tragic accident. When this realization becomes clear, stand up and support U.S. government regulation of the cruise line industry.


Works Cited

Blum, Ernest. "Safety Officials, ICCL Pledge to Cooperate." Travel Weekly 60.23 19 Mar. 2001: 30. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

"Congress Questions Cruise Ship Safety and Security." Access Control and Security Systems Integration (Online Exclusive) 6 Mar.2006. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

Cruise Lines International Association. 2008. Cruise Lines International Association. 10 Mar. 2008. .

"Cruise Ship Consumer Fact Sheet." Jul. 1998. U.S. Coast Guard. .

"Cruise Ship Incidents Huring Industry." UPI News Track 30 Jul. 2006. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

"GAO Urges Coast Guard to Improve Cruise Ship Safety". Travel Weekly 52.28 12 Apr. 1993: 80. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

Gibson, William E. "Victims of Crimes Urge Federal Regulations on Cruise Ship Industry." South Florida Sun-Sentinel (Fort Lauderdale, FL) 7 Mar. 2006. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 9 Mar. 2008. .

IMO Library Services. 14 Dec. 2007. International Maritime Organization. 10 Mar. 2008. .

"International Council of Cruise Lines Members to Set New Mandatory Safety and Environmental Standards." PR Newswire 5 Feb. 2001:

5349. Professional Custom Journals. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 11 Mar. 2008. .

Klein, Ross A. Cruise Ship Blues: The Underside of the Cruise Industry. Gabriola Island, BC: New Society Publishers, 2002.

---. Cruise Ship Squeeze: The New Pirates of the Seven Seas. Gabriola Island, BC: New Society Publishers, 2005.

Lipcon, Charles R. Unsafe on the High Seas. Miami, FL: I. Adels, Inc., 2008.

FBI Executive to Join Royal Caribbean

WASHINGTON (AP) - Eleni Pryles Kalisch, assistant director of congressional affairs for the Federal Bureau of Investigation, is leaving the bureau for a similar position with Royal Caribbean Cruises Ltd., the agency said Thursday.

Kalisch, 45, who began her FBI career in 1995 as assistant general counsel at headquarters and was named to her current position in August 2003, will join the world's second-largest cruise line in mid-May as its vice president of congressional affairs.

Kalisch "has been directly involved in every major issue facing the FBI over the past five years, and I have greatly relied on her skill and counsel," FBI Director Robert Mueller said in a release. "She will be sorely missed."

Representatives from Miami, Fla.-based Royal Caribbean did not immediately return calls for comment Thursday afternoon.

Shares of Royal Caribbean dipped 21 cents to $42.49 in afternoon trading on the New York Stock Exchange.

The Associated Press.

Washington, DC - Congresswoman Doris O. Matsui (CA-05) questioned cruise industry representatives and took testimony from Sacramento resident Laurie Dishman today during a hearing on cruise ship crimes before the Transportation and Infrastructure Subcommittee on the Coast Guard and Maritime Transportation. The Congresswoman requested the hearing after learning of how Ms. Dishman was sexually assaulted by a Royal Caribbean employee while on a cruise in February of 2006.

In her opening remarks, Congresswoman Matsui highlighted the dangerous and hazy legal status of cruise lines such as Royal Caribbean: “Cruises operate in a legal vacuum, where a lack of accountability empowers predators and obstructs their victims’ pursuit of justice.”

Continued Matsui: “This is an unacceptable situation, one made worse by the cruise lines’ own efforts to avoid scrutiny of, and accountability for, their own handling of the security of their passengers.”

During her appearance before the Subcommittee, Ms. Dishman recounted her disturbing and emotional struggle that stemmed from Royal Caribbean’s refusal to investigate how she was raped by one of the company’s “security guards.” Ms. Dishman’s assailant, in fact, had no security training at all. He was actually a janitor who was only performing security duties because Royal Caribbean did not have enough trained guards on board its ship.

In her opening remarks to the Subcommittee, Congresswoman Matsui focused on the cruise industry’s historic pattern of delay and obfuscation in investigating allegations such as Ms. Dishman’s. Said the Congresswoman: “There is no shortage of rape, sexual assault, alcohol-related abuse, or man-overboard cases on America’s cruise lines. This is alarming in and of itself. However, what is even more troubling is that most of these incidents are never fully resolved or prosecuted.

“My hope for this hearing is that the cruise lines finally take these crimes seriously and enact necessary reforms to protect innocent people like Laurie Dishman.”

Congresswoman Matsui’s remarks before the Subcommittee, as prepared for delivery:

I would first like to thank Chairman Cummings for calling this important hearing. Mr. Chairman, I appreciate your willingness to bring this issue before this Subcommittee and to conduct a thorough and fair hearing of crime on cruise ships.

I asked Chairman Cummings to hold this hearing because a young woman from my district came to me for assistance after she had been a victim of a violent crime on a cruise ship.

That young woman, Laurie Dishman, is here with us today.

Laurie shared her shocking story with me in a letter one year ago.

As a passenger on board the Vision of the Seas, a ship operated by Royal Caribbean, Inc., Laurie was raped by a crew member. The story of her ordeal on the ship was shocking enough. Unfortunately, I soon learned that was only the beginning.

Laurie wrote me to tell me she was having difficulty getting a response to her request for information about the incident from the cruise line. As I began looking into the matter, a number of red flags were raised regarding the handling of Laurie’s particular case.

Specifically, the FBI made a decision not to compel the alleged rapist to take a polygraph test. In addition, Royal Caribbean was withholding Laurie’s own medical information from her.

These examples beg the question: What is the process when a crime is committed on a cruise line, and what recourse do passengers have?

The more I have inquired, the more I have been alarmed that there is no shortage of cases of rape, sexual assaults of minors, alcohol-related fighting and abuse, and persons overboard.

Even more troubling, most of these incidents have not been fully resolved or prosecuted. The onion, it seems, has only more layers to peel back.

Laurie’s case was declined for prosecution under circumstances that strongly suggest federal authorities did not fully investigate her case. In addition, it appears that cruise industry representatives had coached the alleged rapist in his testimony.

I have since learned that there have been no convictions for rape cases on cruise lines in four decades. This is a statistic that takes on a new meaning through the lens of Laurie’s experience.

Cruise industry executives testified last year before the House Government Reform Committee that 66 cases of sexual assault were reported from Royal Caribbean between 2003 and 2005.

However, as a result of a civil lawsuit, Royal Caribbean was forced to turn over internal documents that showed that these numbers were actually much higher. Specifically, such cases had actually occurred 273 times over the three-year period in question.

I have also come to learn that many of the crimes that were not reported involved minors. It seems impossible that Royal Caribbean would not consider these crimes worthy of reporting.

This time around, I want to know whether the industry has accurately depicted the number of sex crimes on ships. We also must be told how the industry chooses to define these crimes.

The cruise industry claims that they are the safest form of transportation. Some industry representatives have even said that cruises are safer than being onshore. I find such claims to be dubious at best, because they ignore a critical issue: on land, citizens benefit from the security offered by a police force, and there are laws on the books governing people’s actions.

Not so on cruise lines. Americans who go on cruise ships for a family vacation have no idea they may be stepping into a situation in which United States law has little power, and where they may be victims of a crime without any opportunity for recourse.

Cruises operate in a legal vacuum, where a lack of accountability empowers predators and obstructs their victims’ pursuit of justice. This is an unacceptable situation, one made worse by the cruise lines’ own efforts to avoid scrutiny of, and accountability for, their own handling of the security of their passengers.

My hope for this hearing is that the cruise lines finally take these crimes seriously and enact necessary reforms.

I am certain that, after hearing from Laurie, you will come to the same conclusion I have: we must make sure something like this never happens again. I appreciate Laurie’s determination and I am very proud to be by her side in this effort.

I am confident that, as a result of this hearing, we will have a better understanding of what actions we must take to ensure the safety and security of the more than ten million Americans who travel on cruise ships.

Thank you, Mr. Chairman.

Before you go on a cruise, make sure you take the free Cruise SOS Card. The free wallet sized card has important phone numbers and instructions on what to do if you are the victim of a crime on a cruise ship.

Cruise ships' crime reporting examined
WASHINGTON, Jan. 20 (UPI)

The U.S. Congress is looking into the cruise ship industry and how it handles crimes at sea.

Victims of shipboard crimes want lawmakers to regulate the industry and its response to crime, the Los Angeles Times reported Saturday.

Cruise ship companies say increased regulation isn't necessary.

"A person on a cruise is many times safer than a person on land in the United States," Royal Caribbean spokesman Michael Sheehan told the Times.

But the newspaper reported there is little consensus on what to do about crime in international waters, and industry critics say cruise ships don't adequately report shipboard crimes to authorities in U.S. ports.

Industry executives told a House subcommittee that from 2003 to 2005, 178 passengers on North American cruises reported being sexually assaulted, 24 people went missing and four others were robbed, the Times said. Royal Caribbean Cruises accounted for 66 of the 178 reports of sexual assaults.

Documents obtained by the Times said at least 273 people told Royal Caribbean they had been the victims of sexual assault, battery, harassment and inappropriate touching during an even shorter time period. Royal Caribbean said it only testified about the most serious reports.

Our maritime lawyers uncovered the following facts during the handling of some cruise ship rape cases:

1) A major cruise lines combined fleet has approximately 2 reports of sexual assaults or rapes per hundred thousand passengers. Statistically it should be kept in mind that these passengers are not on the vessel but for a short period of time, which makes comparison of these statistics to shore side sexual assaults and rapes difficult.

2) A major cruise lines had reports of 99 sexual assaults or rapes in a five year period.

3) Another major cruise lines had reports of 173 sexual assaults or rapes in a five year period. None of the 173 sexual assault or rape reports resulted in a single prosecution which is why it is so important to get help.

4) Yet another major cruise line has reports of having 2 rapes or sexual assaults per month on each of it's ships.

5) One cruise line has a risk management team dedicated to handling only rape and sexual assault claims. They have a full-time staff just for cruise rapes and sexual assaults. One has to wonder why the security department does not handle rape and sexual assault situations, but rather a risk management team.

Montel Williams is airing a show on Monday (10/16/063) called Dream Trips Turn Tragic. The show will include an interview with one of our maritime law firm's cruise ship sexual assault clients. The show will also interview familty members of passengers that have disappeared on cruise ships.

We will try to get a copy of the show to post on this blog after it has aired. Check your local listings to see what time Montel Williams is on in your area and watch it on Monday.

Here's the summary on the show about cruise ship vacations turning tragic:

When most people get ready to take their dream vacation, they plan what to pack, what to do and where to go, but they rarely plan on how to stay safe. We’ll meet people who say they were on their dream trips when tragedy struck…and their lives will never be the same. We’ll meet Laurie, who says she was raped on a cruise ship while on vacation. We’ll also meet Melinda and Duane, whose relaxing holiday turned into a terrifying adventure when they were targeted by thieves. They were on vacation driving down the coast in Costa Rica, when they ran into a gang of gun-toting bandits on the highway. They were shot at until they were able to finally find safety in a small town restaurant. We’ll talk to Sue, Ron, and Katie, a family left with many unanswered questions after their son (Katie's brother) Daniel went missing from a cruise ship. Daniel was on his first week-long vacation with his friends when he became sick one night while alone on the ship's deck. He was leaning over the railing of the cruise ship and suddenly fell overboard. Kimberly Dean-Edwards, a legislative board member for International Cruise Victims will also join us to talk about her work with Congress to try and get a bill passed that will hold cruise lines more accountable for crimes and missing person cases at sea. We’ll also meet Sandee and her two children, Ryan and Krysta. While on a family vacation in Florida, Sandee’s then 13-year-old son Ryan, got caught up in rough water in the Gulf of Mexico. Her husband Larry and another man on the beach raced into the water to save him. Ryan managed to get to shore safely but Larry was still caught in the riptide. Sandee arrived at the water’s edge to find beachgoers attempting to drag Larry to safety. Unfortunately, Larry drowned trying to save his son’s life.

Another cruise passenger disappearance to report. It is very important that people realize that they must be careful on a ship and that it is not a totally secure enviorment. More on the latest cruise passenger disappearance to come....

Carnival Cruise Lines President Robert Dickinson called the disappearance at sea of honeymooning cruise passenger George Smith IV "a non-event." The article published today in Florida Today discusses how cruise executives feel the concerns regarding crimes on cruise ships are overblown.

We are frankly shocked to hear the disappearance of a cruise passenger referred to as a "non-event"!

The cruise ship crime article discusses the opinion of one of firm's our maritime attorneys.

Continue reading "Carnival Cruise Lines President calls disappearance of honeymooner George Smith a "non-event"!" »

Crimes on cruise ships is the topic of a recent New York Times article. The article starts off with news of a passenger having over $32,000 in jewels stolen, and she can't get an answer from the cruise line what happened to them. The questions is asked if cruise ships are as safe as being on land or not? The statistics released in the article vary from ICCL statistics, to FBI statistics to statistics that our law firm is aware of through deposition during some cruise ship crime cases we have handled.

Continue reading "Cruise Ship Crimes- Statistics Vary" »

Joseph A Kinney, a leading security and safety expert, has published a report on cruise ship safety issues for Congressman Shays. The report which is titled "The Slippery Slope of Security in the Cruise Industry" makes several recommendations that cruise lines could adopt to increase safety aboard its ships.

We have posted the entire report for you to download here , or you can continue reading this post for the report in its entirety.

Continue reading "Cruise Ship Safety Recommendations" »

ABC News brings cruise passenger disappearances to mainstream news. The word is finally getting out that something needs to be done to make cruise ships safer for passengers and crew. Finally a major news station is also catching on to this story bringing into the mainstream.

At LMA we have created a new blog section dedicated to Cruise Passenger Disappearances, as well as a new practice area on our web site dedicated to this area. We will be adding more info to the web site including a listing of people that have gone overboard. Regarding the cruise passenger disappearances blog, check back or sign up for the feed for regular updates on this evolving hot topic. Hopefully within the next year or two we can be dedicating this section to the reforms that the cruise lines will have been forced to make.

Read ABC's story below:

About a dozen people have gone missing on cruises in the last 2 years

Lawmakers are set this morning to investigate the potential dangers to vacationers cruising the high seas.

Two congressional committees will hold a joint hearing focusing on cruise-ship disappearances and crimes. The hearing comes on the heels of another cruise-ship disappearance in recent months, this one aboard Royal Caribbean's Jewel of the Sea, which returned to Florida on Sunday with one less passenger than when it departed.

Source: ABC News

Lipcon, Margulies & Alsina, P.A. is in the news regarding cruise passenger disappearance. Our firm is hired to represent the family of Annette Mizener. Read the news story below.

The family of a Wisconsin woman who disappeared from a cruise ship sued Carnival Corp. for $15,000 on Monday, claiming the crew's failure to monitor a surveillance camera delayed search-and-rescue efforts.

The surveillance camera in the area where Annette Mizener's purse was found had been covered, preventing the crew from seeing her go overboard, according to the civil lawsuit filed in Miami.

''Had they checked on it immediately when it was covered, they would have known she was overboard,'' said Charles Lipcon, a Miami attorney representing Mizener's family. ``There was a long delay due to a failure to monitor the camera, or check why it didn't show a picture.''

Mizener, 37, disappeared from the Carnival Pride on Dec. 4 during a weeklong cruise in Mexico with her parents and 17-year-old daughter.

Source: The Miami Herald November 22, 2005