Sexual assault on a cruise ship is a devastating and all-too-common occurrence that can leave victims feeling isolated, traumatized, and unsure of their next steps. According to industry reports and victim advocacy groups, thousands of assaults are reported annually on cruise lines, yet many go unreported due to the unique challenges of maritime environments. As a nationally recognized maritime law firm with decades of experience representing cruise ship assault victims, Brais Law Firm has helped countless individuals navigate these complex cases, securing millions in compensation, including a notable $2.2 million recovery for a cruise member sexual assault. If you’ve experienced this horror, know that you have rights under maritime law, and proving your case is possible with the right evidence and legal support. In this post, we’ll outline key strategies to build a strong claim, drawing from our expertise in admiralty and maritime law.
Proving sexual assault on a cruise ship differs significantly from land-based cases due to the ship’s status as a “floating hotel” governed by federal maritime statutes, international treaties, and cruise line policies. Cruise ships operate in international waters, often under flags of convenience like those from the Bahamas or Panama, which can complicate jurisdiction. Victims may face hurdles such as limited law enforcement presence, cruise line reluctance to cooperate, and the transient nature of witnesses and evidence. However, with prompt action and professional guidance, you can gather compelling proof to hold the cruise line accountable for negligence, such as inadequate security or failure to prevent foreseeable harms.
Step 1: Report the Incident Immediately and Preserve the Scene
The first and most critical step is to report the assault as soon as possible. Notify ship security, the onboard medical staff, or a trusted crew member right away. Under the Cruise Vessel Security and Safety Act (CVSSA) of 2010, cruise lines are required to report serious crimes like sexual assault to the FBI and maintain protocols for handling such incidents. Insist on a formal written report, including details of the assault, the assailant’s description, and any witnesses. Avoid signing any statements without legal advice, as cruise lines may try to minimize the incident.
Preserving the scene is equally vital. Do not shower, change clothes, or disturb the area where the assault occurred until evidence can be collected. Cruise ships often have onboard security teams trained in evidence preservation, but their primary loyalty is to the company. In our experience at Brais Law Firm, we’ve seen cases where victims’ quick reporting led to the recovery of crucial physical evidence, such as DNA from bedding or clothing. Delaying can result in evidence being cleaned or discarded, weakening your claim.
Step 2: Seek Immediate Medical Attention and Forensic Examination
A prompt medical exam is essential for both your health and your case. Cruise ships are equipped with medical facilities, and under maritime law, they must provide adequate care. Request a sexual assault forensic exam (often called a “rape kit”) to collect DNA, fluids, or injuries that corroborate your account. Document any bruises, scratches, or internal injuries through photos and medical records.
If the ship’s doctor seems dismissive— a common issue we’ve encountered in representing passengers—insist on being seen by an independent onshore physician upon docking. Medical records serve as objective evidence, showing the physical toll of the assault. In one of our spotlight cases involving a cruise passenger injury, we used detailed medical documentation to prove negligence, leading to a favorable jury verdict against Carnival Cruise Lines. Remember, psychological trauma like PTSD can also be documented through therapy records, bolstering claims for emotional damages.
Step 3: Identify and Secure Witness Statements
Witnesses can provide powerful corroboration. Fellow passengers, crew members, or even bartenders who observed suspicious behavior before the assault may offer key insights. Collect their contact information immediately, as ships dock and people disperse quickly. In our practice, we’ve found that witnesses often recall details like the assailant’s intoxication or the victim’s distress, which can establish a timeline.
If the assault involved a crew member—a scenario we’ve handled in multiple $6.8 million and $2.9 million crew injury recoveries—witnesses might reveal patterns of misconduct, supporting claims of negligent hiring or supervision by the cruise line. Encourage witnesses to provide written statements or affidavits, and note any reluctance, as it could indicate cruise line pressure.
Step 4: Leverage Surveillance and Digital Evidence
Cruise ships are riddled with CCTV cameras in public areas, hallways, and elevators—often hundreds per vessel. Under the CVSSA, footage must be retained for at least 120 days for reported incidents. Demand access to relevant recordings through a formal request; cruise lines are notorious for claiming “malfunctions” or deletions, but our maritime attorneys at Brais Law have successfully subpoenaed footage in litigation to show lapses in security.
Digital evidence extends to emails, texts, or social media posts from the time of the incident. If you messaged friends about feeling unsafe or documented the event, preserve those records. In boating and watersports cases we’ve litigated, similar digital trails have proven invaluable. Additionally, review your cruise ticket contract for arbitration clauses or time limits (often as short as one year to file suit), and consult a lawyer to navigate these.
Step 5: Gather Documentary and Expert Evidence
Build a paper trail with all related documents: boarding passes, itineraries, medical bills, and any correspondence with the cruise line. Expert witnesses, such as forensic specialists or security consultants, can analyze the evidence to demonstrate how the cruise line failed in its duty of care. For instance, if understaffed security allowed the assault, an expert might highlight industry standards violations.
At Brais Law Firm, our founder, Keith Brais, brings unique expertise from his seven years working on ships and offshore rigs, holding U.S. Coast Guard licenses. This real-world experience allows us to dissect cruise line operations and expose “profit over safety” practices. We’ve secured millions in settlements by proving corporate negligence, never representing insurance companies or cruise lines—always putting people first.
Potential Challenges and Legal Remedies
Proving assault often hinges on “preponderance of the evidence” in civil cases, not “beyond a reasonable doubt” like criminal proceedings. Challenges include the assailant’s denial or the cruise line’s victim-blaming tactics. However, maritime law provides remedies like compensation for medical expenses, lost wages, pain and suffering, and punitive damages if gross negligence is shown.
Time is of the essence—most claims have strict statutes of limitations. In our testimonials, clients like those in cruise injury cases praise our “superhero” approach for turning nightmares into relief through meticulous evidence gathering.
If you’ve been assaulted on a cruise ship, you’re not alone. Contact Brais Law Firm today for a free, confidential consultation at 800-499-0551. Our board-certified maritime attorneys are here to fight for you. With a perfect 5.0 client review rating and a track record of holding corporations accountable, we’ll help you prove your case and rebuild your life.
