When a rape or sexual assault occurs aboard a cruise ship—especially in international or foreign waters—the legal landscape is complex. At Brais Law Firm, we bring real maritime experience, board-certified expertise, and compassionate advocacy to help survivors navigate every layer of this legal maze. Here’s what you should know.
1. Maritime (Admiralty) Law & Strict Liability
Under maritime law, cruise lines are held to a principle of strict liability for sexual assaults committed by their crew members—meaning the cruise line may be held responsible even if they had no forewarning or ability to prevent the assault. This foundational doctrine empowers survivors to pursue claims for damages, including medical expenses, emotional trauma, and loss of enjoyment of life.
2. Federal Jurisdiction: FBI & CVSSA
FBI Involvement
The Federal Bureau of Investigation (FBI) has jurisdiction in cases where:
- The cruise line is U.S.-owned or operated,
- The victim or assailant is a U.S. national, or
- The vessel departs from or arrives in a U.S. port
Cruise Vessel Security & Safety Act (CVSSA)
Passed in 2010, the CVSSA requires cruise lines calling on U.S. ports to:
- Maintain logbooks documenting assaults, thefts, and other crimes,
- Have rape kits, trained forensic staff, and emergency systems onboard,
- Report serious crimes—including sexual assault—to the FBI and U.S. Coast Guard
While the CVSSA enhances transparency, it has limitations: only assaults involving serious bodily injury must be reported, and definitions can vary between cruise lines, sometimes resulting in under-reporting.
3. Flag State Jurisdiction & “Flags of Convenience”
Cruise ships are governed first by the nation whose flag they fly—known as the flag state—regardless of where the ship is sailing. Many cruise lines register in countries with lenient oversight—called flags of convenience—such as Panama or Liberia. This can make enforcement challenging: in some cases, these states offer limited enforcement unless a treaty or agreement compels action.
4. Territorial Waters vs. International Waters
If an assault occurs within territorial waters, the coastal state typically has jurisdiction. However, once you’re in international waters (beyond approximately 12 miles), jurisdiction generally falls to:
- The flag state,
- The state of the cruise line operator,
- The nation of the victim or perpetrator.
In practice, U.S. authorities often get involved when U.S. nationals or U.S.-operated cruise lines are involved.
5. Contracts & Ticket Terms
Cruise ship tickets often contain limitation clauses and jurisdictional provisions, requiring that legal claims be filed:
- Within a specified timeframe (often just one year),
- In a particular forum (typically federal court in Miami)
That’s one reason immediate consultation with knowledgeable maritime attorneys—like those at Brais Law—is essential.
6. Crew Arbitration Does Not Apply to Rape or Assault
While many crew contracts have arbitration clauses for employment-related claims, courts increasingly refuse to apply these clauses to rape and sexual assault cases. Judges have ruled that such claims fall outside the scope of employment disputes, allowing crew members to bring their cases to court.
7. International & State Laws for Foreign Incidents
In rare situations involving foreign passengers or foreign-flagged vessels, jurisdiction may still be asserted based on the nationality of the victim or perpetrator, especially if U.S. nationals are involved. However, local and international laws in ports of call can also apply—making the legal terrain even more complicated.
8. Why Brais Law Firm Makes a Difference
At Brais Law, our approach is rooted in authentic maritime experience and a deep understanding of these legal frameworks.
- Board-Certified Maritime Expertise: Keith Brais is one of the few attorneys in Florida board-certified in Admiralty & Maritime law.
- Insider Knowledge: With marine engineering background and years at sea—including working aboard rigs—our team understands how cruise lines operate from the inside.
- Trial-Ready, Survivor-Focused: We’ve secured nearly $100 million for survivors, and we never represent cruise lines—only individuals.
- Compassion Meets Strategy: We combine caring communication with aggressive advocacy to hold cruise companies accountable and help survivors reclaim their lives.
9. Take Action: Preserve Your Rights
If you’ve experienced sexual assault at sea:
- Avoid disrupting the scene or washing evidence.
- Report immediately to ship security and request documentation.
- Obtain a forensic exam (rape kit) if possible.
- Document everything—times, witnesses, descriptions.
- Seek medical care and emotional support.
- Contact a cruise ship rape attorney immediately—don’t delay.
In Summary
Sexual assaults at sea engage a mesh of legal authorities—from maritime law’s strict liability, federal statutes (FBI, CVSSA), flag state jurisdiction, to ticket-contract obligations. Navigating these waters requires specialized knowledge and strategic urgency.
At Brais Law Firm, we bring real-world maritime experience, board-certified expertise, and an unwavering commitment to survivors. If you or someone you love has been harmed at sea, we’re here to protect your rights—with compassion, authority, and results.
Contact us for a free, confidential consultation. Let us help you seek justice—no matter where offshore.
