At Brais Law Firm, we understand that hearing about an act of molestation or sexual assault against your child on a cruise ship is the most traumatic event a parent can face. Amidst the chaos and emotional devastation, immediate action is paramount—not just for your child’s physical and psychological well-being, but also for preserving critical evidence and protecting your family’s legal rights under complex Maritime Law.
1. Prioritize Safety and Seek Immediate Medical Care
Your child’s safety and health are the absolute first priority.
- Remove the Child from Danger: Immediately remove the child from the location of the incident and ensure they are safe from the perpetrator.
- Seek Medical Attention: Go directly to the ship’s medical center, or to a shore-side medical facility at the first port of call. It is critical that your child receives immediate medical and forensic care. Ask for the completion of a Sexual Assault Forensic Exam (SAFE) kit, and insist that all injuries, statements, and psychological distress are meticulously documented.
- Preserve Evidence: Crucially, do not allow the victim to shower, bathe, or change their clothes until a forensic examination is complete. Place the clothing the child was wearing into a paper bag (not plastic) and seal it for evidence preservation.
2. Report the Incident and Demand Investigation
Reporting must be done both onboard and externally, as mandated by federal law.
- Report to Ship Security: Immediately report the full details of the incident to the ship’s security officer and/or the highest-ranking officer available (like the Captain). Insist on a written copy of the official Incident Report before you leave the vessel, or get confirmation of its immediate preparation.
- Trigger Federal Law (CVSSA): For U.S.-based cruises, the Cruise Vessel Security and Safety Act (CVSSA) requires the cruise line to immediately report serious felonies, including child molestation, to the FBI and other appropriate U.S. law enforcement agencies. Confirm that the cruise line has contacted the FBI or the nearest U.S. Coast Guard office.
- Document Everything: Write down a detailed account of the incident yourself: the time, location, the perpetrator’s name/description, and the names of any witnesses or cruise ship staff you reported to.
3. Contact a Specialized Maritime Attorney Immediately
This is the most crucial step for the civil case, as Maritime Law severely limits your ability to seek justice.
- Avoid Missing the Deadline: Unlike land-based personal injury cases, cruise line passenger tickets often contain a contractual clause that shortens the Statute of Limitations to file a lawsuit to as little as one year. Missing this tight deadline means losing your right to seek financial compensation forever.
- Jurisdiction Matters: Your ticket also contains a Forum Selection Clause, which legally forces you to file your lawsuit in a specific federal court, usually in Miami, Florida. A local personal injury lawyer will not have the license, experience, or specialized knowledge to litigate in this exclusive jurisdiction.
- Secure Critical Evidence: A specialized attorney from Brais Law Firm can immediately file suit, obtain a restraining order to prevent the cruise line from destroying or altering vital evidence (like surveillance video, crew files, and ship logs), and expertly determine whether the cruise line is strictly liable for the acts of its employees.
The time to act is now. Do not trust your case to a general practitioner. Contact Brais Law Firm to ensure your child’s rights are protected and that the cruise line is held accountable.
