Tuesday, April 9, 2024

Crime On Cruise Ships: Unpacking The Hidden Dangers At Sea

crime on cruise ships

Cruise ship accidents, injuries, crimes, disappearances, fires, and collisions on the high seas involve issues of maritime law. Jim Walker graduated from law school in 1983 and has been handling maritime law cases for the past thirty-five years. He handles a wide variety of cases from serious injuries to the highest profile sexual assault and cruise crime cases. Disney Cruise Line reportedly had five (5) incidents of physical assault with serious bodily injury on its four ships. This is a bit surprising as the typical violence on cruise ships, at least in part, is due to the excessive alcohol served to guests which typically does not occur on Disney ships which cater to kids and family vacations.

Passenger Safety and Common Sense Practices

Still, the large number of offenses reported on Carnival does jump out to us, especially in comparison to similarly-sized rival Royal Caribbean. Disney also seems to have a surprising number of incidents given the relatively small size of the line. However, any time you’re dealing with that many people, some sort of crime will occur. Think of a cruise and it’s likely you think of sitting poolside, eating in the dining room, visiting exotic ports, playing in the casino, or watching a show in the evening. Whether it’s giving someone a safe ride home from a party or diverting a person who is engaging in uncomfortable behavior, anyone can help prevent sexual violence. Major breakdowns that impact a cruise happen more, but still are infrequent.

How Cruise Ships Deal with Crime at Sea

Still, there is no argument that crime does occur, even when having fun on vacation. All told, these statistics show a major crime occurs approximately once every other day across U.S.-focused cruise ships. While total passenger statistics for 2023 aren't available yet, the Cruise Lines International Association (CLIA), an industry trade group, reports there were roughly 13.2 million passengers visiting North American ports in 2019. The vast majority of these port visits would be from ships falling under the CVSSA reporting rules.

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Your Role in Preventing Sexual Assault

The Department of Justice finally published the number of crimes alleged on cruise ships for 2023 after failing to do so all of last year. We reported several times last year on the failure to reveal the number of crimes, particularly sexual assaults which continue to be the most prevalent crimes on cruise ships. The most commonly reported crimes on cruise ships are reported to be sexual assaults followed by physical assaults with serious injury, and major theft. The per capita sexual assault rate of 40 per 100,000 on Carnival ships may actually be higher than this.

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Carnival Cruise Line is on track to exceed the number of sexual crimes last year compared to 2019. In total, thirty-five sexual assaults allegedly occurred on cruise ships last quarter. Carnival Cruise Line had the most reported, with a total of 20 such crimes. While the prospect of crime on cruise ships may understandably cause concern, cruise lines have implemented many security measures to protect passengers. While the overall incidence of crimes on cruise ships is generally less than what you see on land, it is not zero. Passengers should remain aware of their surroundings and take personal safety precautions as they would at home.

Airport Security for Survivors

crime on cruise ships

When Kristy and Kenneth Manzanares boarded a cruise ship headed to Alaska, it was supposed to be the beginning of a week-long anniversary celebration for the Utah couple with friends and family. Days later, however, Kristy lay dead on the floor of her cabin, blood splattered around the room, and her husband was charged with her killing. Cruise lines implement various preventive measures such as security cameras and regular security patrols. Crew members receive training on these systems to promptly detect and respond to potential threats. This training covers the use of surveillance technology, personal safety drills, and crime response protocols. The United Nations Convention on the Law of the Sea (UNCLOS) provides a framework for maritime jurisdiction.

Safety of Being on the Open Ocean

After all, while the pandemic has largely passed, it was an enormous story in cruising for more than two years. Stories of cases on ships were reported, including instances of passengers quarantined on the ship in the early days when no one quite knew how to deal with the virus. Even beyond that, stories of norovirus and stomach bugs have made headlines from time to time. In 2019, Carnival currently had the same number of cruise ships as Royal Caribbean (26 ships each).

Of course, most people do not travel with precious jewelry or carry that much cash. Crew members are aware that they face no criminal accountability if they steal a passenger’s iPhone, camera or other items no totaling $10,000. The per capita rate of sexual assaults on Carnival ships of over 42 per 100,000 is significant. It is a higher per capita sexual assault rate than twenty-eight states, including Florida (30 per 100,000) California (37.4) and New York (29.4). To place the sexual crimes on Carnival Cruise Line ship in perspective, thirty-one (31) such crimes were reported occurring on this cruise line’s ships in all of 2022. The prorated number of sexual crimes on Carnival ship in 2023 would reflect an increase of over 50% from the number in 2022.

Convenient Port Canaveral “Park & Cruise” Hotels

When crime occurs in international waters, the captain must decide whether to continue cruising to the next scheduled port of call, or to make an unscheduled stop at a nearer port. CLIA’s misleading method of calculating crime substantially understated the rape rate on cruise ships. After the coronavirus shut down the industry, cruise lines further strengthened their protocols to include safeguards against airborne pathogens. They included social distancing and mask-wearing requirements, as well as the enhancement of air filtration systems. Other measures included contact tracing protocols, mandatory vaccination requirements and the expansion of onboard medical facilities and staff.

The Department of Justice prosecutes only a small minority of the crimes alleged on cruise ships. By analogy, the per capita crime statistics for U.S. cities are calculated based only on the number of residents in a city, not the total amount of tourists who may visit the city for a short time. If the victim or perpetrator of a sexual assault is an American national, and their ship sails from or to a U.S. port, then the FBI will have jurisdiction over the case. In other circumstances, it's more complicated to determine which agency—or even which country—has jurisdiction. The location of the vessel, the nationality of the perpetrator or victim, ownership of the vessel, the points of embarkation and debarkation, and the country in which the vessel is flagged may all have an effect on jurisdiction. You can read more about crimes committed on cruise ships, and other circumstances in which the FBI has jurisdiction to investigate, from the FBI.

Additionally, the definition of sexual assault under the C5VSSA is very restrictive and includes only a relatively small portion of the acts which would be deemed to constitute a sexual assault ashore. Crime statistics, either on cruise ships or ashore, are typically calculated on a per capita basis (i.e., per 100,000 people). Cruise Radio does not address this basic fact, and instead compares the crimes to the many people who cruise each year.

Over the years, we have reported on numerous out-of-control bar fights on Carnival ships. Two weeks ago, we reported on a criminal case brought against a passenger named Michael Truman who viciously attacked another guest on the Carnival Magic. According to a local newspaper article, the victim was walking out of a theater on the ship to look for a crew member to remove Mr. Truman after asking him multiple times to quiet down. Truman then reportedly climbed on top of the victim and continued striking him, leaving facial lacerations that required 19 stitches, an affidavit in the court file reads. When a ship is beyond the 12-mile limit, jurisdiction usually falls to the laws of the ship's registered country -- so a crime on a ship registered in the Bahamas would fall under Bahamian law. When it comes to the question of being safe on a cruise, perhaps nothing has seen as much attention recently as your health.

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