Sexual Assault

Published on: March 26, 2012

Another Crew Member Pleads Guilty to Sexual Rape Charges of Minor Passenger on Royal Caribbean Cruise

On December 23, 2011, Royal Caribbean crew member, Fabian Palmer, sexually abused a minor child who was 14 years old at the time. This is the latest event that has led to criminal charges for sexual acts committed on cruise ships this year.

fabian palmer.jpg Fabian Palmer, a Jamaican national, was a Royal Caribbean Cruises employee and worked on the Enchantment of the Seas. Palmer was assigned to maintenance of the vessel’s pool areas.

On December 17, 2011, the family of the victim boarded the cruise ship from Baltimore, Maryland, for a 7-day Caribbean cruise. For several days, Palmer interacted with the 14 year-old girl, sharing written notes, until the evening of December 23rd when Palmer invited the minor passenger to follow him in one of the deserted male locker rooms of the ship at approximately 11:30pm.

The criminal complaint filed by the FBI in Maryland details how Palmer led the 14 year-old to one of the bathrooms of the male locker room and locked the door behind them. Palmer undressed the girl and engaged in multiple sexual acts despite the girl’s protests that she was hurting. Palmer only stopped when another crew member knocked on the door of the bathroom and discovered the “couple”. The next day, Palmer saw the 14 year-old and told her not to say anything to anyone about what had happened or he could be in trouble.

According to the FBI, video surveillance cameras captured footage of Palmer leading the minor into the male locker room and into the bathroom. The footage also shows the other cruise employee knocking on the door and all three leaving the male locker room shortly thereafter.

Palmer was interviewed by Royal Caribbean after the end of the cruise. The FBI was alerted in late December and a criminal complaint was filed against the 25 year-old on January 4, 2012.

On March 22, 2012, almost three months after the events, Palmer plead guilty to having had sex with a minor child under the age of sixteen. As part of his plea agreement, Palmer will be registered as a sex offender in his place of residence, for any future job and any time he enrolls as a student, under the Sex Offender Registration and Notification Act (SORNA).
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Published on: March 8, 2012

Norwegian Cruise Line’s crewmember arrested after having sex with 16-year-old female passenger

By Leesfield & Partners

Norwegian cruise line crewmember, Senad Djedovic, was arrested on February 27, 2012 by the FBI for possession of child pornography.

This came about approximately four weeks after the assistant cruise director aboard the Norwegian Star met with a 16-year-old female passenger during a seven-day cruise that began on January 29, 2012. The FBI has alleged in its criminal complaint that Djedovic, 29, pursued her sexually and ultimately had sexual relations on March 5, 2012 with the child in one of the staircase of the ship.

After the cruise ended, Djedovic exchanged photos and videos of a sexual nature with the 16-year-old using his work email address. Other crewmembers became aware of the situation after Djedovic bragged about the fact that he had sexual relations with the female child and even showed some of the photos he had received from her to fellow co-workers.

Djedovic was arrested by the FBI as soon as they were aware of the situation. After his arrest, the FBI’s search of Norwegian’s assistant cruise director’s private computer revealed videos categorized under folders named “12 yrs old”, “15 yrs old”, and “16 yr old”.

Today, Djedovic is in jail awaiting trial on charges of Child Pornography.

Charges for statutory rape were not filed because of the applicable laws in this matter. At the time the sexual relations between the child and the 29-year-old employee occurred, the ship was presumably still outside Florida’s territorial waters where Florida criminal law applies. Had the ship been in Florida territorial waters, Djedovic would have been charged with statutory rape because the age of consent in Florida is 18. Being that federal law applies in this case, Djedovic cannot be charged with raping a 16 year-old because the age of consent under federal law is 16.

Under certain circumstances, Florida law can apply for crimes occurring on the high seas. In Skiriotes v,. Florida, the US Supreme Court held that states may exert criminal jurisdiction over their citizens on the high seas under certain circumstances, provided that Congress has not preempted the field. To read more about those special circumstances, read The Long Reach of U.S. Law over crimes occurring on the High Seas, written by Leesfield & Partners’ maritime law attorney Robert Peltz.
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Published on: January 16, 2012

Alleged Rapist of Cruise Passenger Luiz Scavone held without Bail

By Leesfield & Partners

We reported last week that, Luiz Scavone, a 20-year-old Brazilian citizen, was arrested during a cruise on Allure of the Seas.

On Friday, Broward Circuit Judge Matthew Destry ordered 20-year-old Luiz Scavone to be held without bail Friday. Judge Destry motivated his decision by the belief that, if released on bail, Scavone could easily flee the country: “This is South Florida. Let’s face it: If you want to get on a boat and leave for South America, that can happen, with or without a passport. It’s not difficult to do.” Prosecutors argued in favor of Scavone to be held without bail because of his brazilian citizenship.

Brazil has recently passed an amendment to its constitution making it illegal for a Brazilian citizen to be extradited from Brazil to a foreign country to face criminal charges. In other words, should Scavone leave the country and enter Brazil, The United States would never be able to prosecute the 20-year-old for his alleged criminal acts.

The victim, a 15-year-old teenage girl from Iowa, reported the sexual assault immediately to the cruise ship employees. She claims that another 15-year-old male lured her into a private cabin under false pretenses. Luiz Scavone was waiting for them in the cabin. The minor victim refused the two men’s sexual advances, and they proceeded with ripping her clothes off and took turn raping her.

allure of the seas cabin.jpg

We have recently learned that the minor who lured the victim to a private cabin is Luiz Scavone’s 15-year-old brother. The alleged minor assailant who is being held as a juvenile faces criminal charges, though not as serious as his big brother. Luiz Scavone is charged with lewd and lascivious battery on a victim younger than 16 and older than 12. He faces up to 15 years in prison if convicted.

You can read our reports here:

Cruise Ship Passenger Raped Aboard Royal Caribbean’s Allure of the Seas

Alleged Cruise Ship Rapist Asks Judge to be Released

The attorney for the two alleged assailants, their uncle, has declared last week that the victim consented to the sexual encounter and that she was not forced to do anything. Luiz Scavone has pled not guilty.
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Published on: January 11, 2012

Alleged Cruise Ship Rapist Asks Judge to be Released

By Leesfield & Partners

As we previously reported here, Luiz Scavone is facing charges for committing a lewd and lascivious act on a 15 year-old girl while on a Royal Carribean cruise ship “Allure of the Seas”. Yesterday, Scavone’s defense counsel asked Broward Circuit Judge Matthew Destry to set a low bail or no bail at all. The prosecutors moved for a high bail arguing that Mr. Scavone, a Brazilian citizen, poses a substantial flight risk. Judge Destry will hear arguments from both sides before ruling on the bond issue, during a court hearing set for Friday morning. At the hearing, Judge Destry’s decision is surely going to take into account the fact that exists a loophole in Brazil’s constitution which was recently amended and now provides that the extradition of its natives accused of crimes in other countries is prohibited.

Luiz Scavone Mugshot.jpg Luiz Scavone, along with another 15-year-old male, also a Brazilian citizen, allegedly lured a teenage girl into a private cabin and sexually assaulting and raping her. The 20-year-old faces charges for a second-degree felony, punishable by up to 15 years in prison.

The lawyer and relative of the two Brazilians who were arrested at Port Everglades and now accused of sexually assaulting and raping the 15 year-old teenage girl stated that they are innocent and that the intercourse was consensual. The newspaper Folha de S. Paulo reports that the 15 year-old resident of Ponta Grossa (PR), said he met the girl in the nightclub of the ship. His attorney is claiming that the sex was consensual: “He’s a child. They went to the bedroom and had sex. At no time there was persuasion. Then, pressed by her family, she said she was raped. Her mother is a lawyer”.

The uncle added that the ship has cameras and the family intends to use the images to show that there was consent. To the police, the girl said she thought she would find friends, but in the cabin, the Brazilian was forced to have sex. She testified and underwent clinical examination. According to the lawyer, the Sao Paulo resident, Neto Luiz Antonio Scavone, also was in the cabin. He had invited another girl, who then walked away. The attorney for Luiz Scavone, said today that his client “will plead not guilty when formally charged”.
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Published on: January 6, 2012

Raped Canadian Cruise Passenger Reaches Multi-Million Dollar Settlement

By Leesfield & Partners

In February 2011, a female cruise passenger, Jane Doe (“JD”), boarded a cruise ship in Fort Lauderdale, Florida for an 7-day cruise in the Eastern Carribean. She was traveling with a wedding party of 25 from Canada to celebrate her best friend’s wedding which was planned to take place on the beach in St. Thomas. JD was to be the Maid of Honor and was sharing a cabin with the bride’s mother.

That day, after enjoying a day of relaxation and sunbathing, JD decided she had enough sun and went up to her cabin. Once back in the cabin, she went to bed and fell asleep. Moments later, she was attacked by a crew member / room steward. JD’s attacker performed forcible oral sex on her and raped her as well. JD repeatedly told the crew member to stop, but he continued raping her. That is when the bride and her mother entered the cabin and walked in on their friend being raped.

It was established that the crew member had entered JD’s cabin by using his staff key while JD was asleep, Cruise Ship Attorney Alexander Perkins was able to reach a seven figure settlement for our client.

Cruise Lines Ignore Sex Crimes by Cruise Employees on Passengers

The repetitive problem of sex crimes by cruise employees aboard cruise ships finally surfaced in 2005 after several high profile incidents on the high seas. It culminated in congressional hearings, where the cruise industry leaders testified they would address the safety concerns and implement preventive measures, including uniform reporting of crimes and cooperating with federal authorities such as the FBI and Coast Guard. The specific problem of cabin stewards having unlimited access to passenger rooms was a major area of concern. The cruise line industry promised to take corrective action. Sadly for JD, the situation has yet to be addressed.

In September 2007, a Royal Caribbean cabin attendant used his key card to enter a female passenger’s cabin at night while she slept in her bed and raped her. In another publicized RCCL rape case, the Court required RCCL to provide the number of incidents of sexual assault and harassment on its cruise ships for a period of two and a half years. It indicated that over 250 women were sexually harassed, assaulted or battered. A large number of the incidents occurred in the passenger cabins. Between 2003-2005 there were 149 reported sexual assaults and in 2007 there were 69 sexual assaults reported aboard RCCL cruise ships, the majority by crew members against passengers. These statistics also do not include incidents between crew members, and of course the fact that many victims of sexual assault do not report it. The rate of sexual assault aboard cruise ships was found to be twice the rate found in the US.
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Published on: January 5, 2012

Cruise Ship Passenger Raped Aboard Royal Caribbean’s Allure of the Seas

By Leesfield & Partners

A 15 year-old girl, who was vacationing with her family on a ten day cruise that returned to Port Everglades on January 3rd, 2012, was raped by 20-year-old Luiz Scavone and another 15-year-old teenager. The young girl was lured from “Fuel”, the ship’s teen dance club, to a private cabin by the 15-year-old male, where she was told she was meeting friends for a party in the cabin. But when the girl entered the cabin, instead of seeing friends, she was face to face with Scavone who, with the help of the other male passenger, forcibly restrained her in the cabin. They ripped off her clothes, forced oral sex, and then both raped her. The Broward Sheriff’s Office said that the victim was unable to stop her assailants even though she repeatedly said “no” and begged them to stop while trying to fight her way out of the cabin.

According to the arrest report, the victim reported the assault immediately. Royal Carribean notified the FBI and BSO, and both alleged assailants were arrested at Port Everglades. Scavone, Brazilian, was arraigned at a first-appearance court hearing on Wednesday when he stood before Judge John Hurley. Scavone is accused of one count of lewd and lascivious act on a minor and faces a $10,000 bond. Judge Hurley also ordered Scavone to relinquish his Brazilian passport. Luiz Scavone is currently behind bars in a Broward County jail pending an immigration hold. The minor assailant was also charged with one count of lewd and lascivious battery and transported to Broward’s Juvenile Assessment Center.

https://www.youtube.com/watch?v=UmxjbF2vtAA

Video of Arraignment above

This tragedy is unfortunately not an isolated occurrence on cruise ships. In an article of January 2007, the LA Times revealed that “Royal Caribbean Cruises Ltd., the world’s second-largest cruise operator after Carnival Corp., accounted for 66 of the 178 reports of sexual assaults. But internal company records turned over as part of a civil lawsuit — and obtained by The Times — revealed that at least 273 people told Royal Caribbean that they had been the victims of sexual assault, battery, harassment and inappropriate touching during a shorter time period.” (over 32 months) Read the article here

Safety and security of cruise ship passengers, even if claimed by cruise lines as their paramount concern, has been all but neglected. Cruise lines refuse to implement proven security measures including additional security guards, monitoring closed-circuit cameras around the clock, or increasing visual police force to deter criminals. Allure of the Seas is the largest ship in the world and has a capacity of well over 6,300 people. While there are hundreds of cruise ship employees manning the restaurants, bars, clubs, malls, and shows, on the other hand this city on water has a minuscule number of employees assigned to passenger safety and security. As such, sexual assaults and other criminal acts on cruise ships are neither ever prevented nor stopped until it is too late.
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