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A 27-year-old woman, traveling with her family, was allegedly raped by a crew member during an 11-night Eastern Mediterranean cruise on board the Celebrity Equinox.

Celebrity-Equinox.jpgThe details of what happened are still under investigation, but some facts were reported by the London Evening Standard.

According to the victim who reported the crime to her parents and to the captain, she and the crew member shared some drinks with the young woman. Tired, she walked back to her cabin and after she made it clear that she was going to sleep. At that moment, the nameless crew member, who had followed her, pushed the woman inside her cabin, threw her on the bed, and performed multiple sex act against the woman’s will.

After she was seen by the ship’s doctor, the captain of the ship reviewed video surveillance footage of the ship and observed the victim sharing drinks with the crew member, as well as the alleged assailant following the passenger to her cabin. He ordered his crew to hold the alleged rapist until the ship arrived in the next port. Upon docking in Messina, Sicily, the man was handed over to the police, with a copy of the video footage.

Upon breaking the news, a Celebrity Cruises released the following statement: “We are aware of the incident involving a British guest on one of our ships and she has opted to continue her cruise. We are liaising with the relevant authorities.”
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The fate of Captain Francesco Schettino of the doomed Costa Concordia cruise ship seems more and more certain with each new piece of evidence is released by the Italian prosecutors.

Cruise Ship Lawyers Blog has covered this incident from the beginning. At first, it was confirmed that Captain Schettino abandoned his ship before all cruise passengers were rescued and safe. Then, the investigators revealed that the Captain delayed the evacuation of the ship and caused the disappearance of more than three dozens of passengers.

The black box of the Costa Concordia was recovered not long after the tragedy took place and members of the public are now being shown what happened on the bridge of the ship as tragedy occurred.

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The odds of becoming the next cruise passenger victim of a sex crime are unknown.

You and your family decide to go on a cruise to celebrate a special occasion at sea. The luxurious and glamorous temptation of spending a week on a majestic cruise ship is understandable, and for all you know, a quite safe way to spend some quality and relaxing time with your spouse and teenage children.

Two months after coming back from the cruise, your 15-year-old daughter courageously confesses that while alone in her cabin on the cruise ship, a crew-member unlocked her cabin door using a universal key card, and forced her to perform several sex acts. She kept quiet and did not tell anyone until today, because she did not want to ruin the family vacation.

That horrendous event is unfortunately not as uncommon as one may think, and certainly not as uncommon as the cruise industry would like you, potential customer, to believe. Yet, that is exactly what happened in 2010 to a 15-year-old girl and her family while on board a Royal Caribbean cruise in New Zealand, as reported by CNN below:

After years of hearings, committees, and disputes over the lack of statistical data on crimes occurring on cruise ships, Congress finally gave birth to a new law, the Cruise Vessel Security & Safety Act. This law aimed notably at forcing the cruise industry to to abide by new requirements of transparency, including the requirement to report to the FBI all crimes that occur on their ships. The passage of the new law was deemed a bipartisan success, and the essential step in the right direction to finally have a crime database that could be used in the future to improve the security and safety of cruise passengers.
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Fabian Palmer, a 25 year-old from Jamaica, found himself working on the Enchantment of the Seas, a cruise ship operated by Royal Caribbean. During a Christmas cruise, Palmer, who was assigned to maintaining the vessel’s pool areas, befriended a young girl, age 14.

We reported on the sordid events in a previous article here: Another Crew Member Pleads Guilty to Sexual Rape Charges of Minor Passenger on Royal Caribbean Cruise

fabianpalmerfacebook.jpgFor several days, Palmer would leave written notes to the minor girl, until the night of December 23, 2011. That night, Palmer took the child into a bathroom located inside a male locker room. He locked the doors behind them and despite the girl’s protests, performed multiple sexual acts. The FBI came into possession of video surveillance footage that showed Palmer lead the child in the male locker room and in one of the bathrooms.

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While cruise lines continue to say the right thing in press releases and the national media destined for public consumption, the attorneys for cruise lines continuously and systematically fight to deny cruise passengers’ claims, and fight to deny the existence of any cruise lines’ duties in court.

enchantment-of-the-seas-large11.jpgThis morning, Royal Caribbean’s cruise ship, Enchantment of the Seas, rescued a dehydrated sailor who needed emergent medical attention. This is the latest rescue at sea, and the second rescue in as many months, that is receiving national attention in the media. This is also the latest rescue since Leesfield & Partners sued Princess Cruises for its failure to rescue Fernando Osorio, who died five days after his drifting boat came in close contact with the Star Princess, a ship Princess Cruises owned and operated.

Days after that story broke in the media, Princess Cruises’ public relations department took control of the narrative and made a step in the right direction when it issued the following public statement on April 19, 2012:

“Princess Cruises is dedicated to the highest standards of seamanship wherever our ships sail, and it is our duty to assist any vessel in distress. We have come to the aid of many people at sea, and we will continue to do so.”

After the above statement was released, Adrian Vasquez, who was a companion of Fernando Osorio on that same drifting vessel that Princess Cruises made no attempt to rescue, filed a lawsuit against Princess Cruises for failure to rescue the distressed vessel and for failure to provide him and his dying friends any assistance.

In response to Vasquez’s complaint, Princess Cruises filed a Motion to Dismiss the lawsuit, arguing that it should be thrown out for the following reasons:

– Vasquez did not radio the cruise ship – Vasquez did not fire distress rockets – Vasquez did not deploy distress flares – Vasquez did not deploy distress smoke signals – Vasquez did not utilize any intentionally recognized equipment to signal distress at sea – Vasquez did not attempt to signal with a burning torch – Princess Cruises is uncertain whether Vasquez’s vessel ever sailed within sight of the Cruise Ship ‘Allure of the Seas’
– The law does not impose a duty on ships to investigate whether every passing vessel may need assistance

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Cruise Ship Lawyers Blog was first to report the alleged sexual assault that occurred during a 10-day cruise aboard Royal Caribbean operated ship the Allure of the Seas.

Luiz Scavone was charged last January with two counts of lewd and lascivious battery on a 15-year old female passenger. Initially, Scavone plead not guilty and attempted to post bail in order to wait for trial in Brazil, his home country. You can read our previous posts on this incident here:

scavone-original_resize.jpgCruise Ship Passenger Raped Aboard Royal Caribbean’s Allure of the Seas

Alleged Cruise Ship Rapist Asks Judge to be Released

Alleged Rapist of Cruise Passenger Luiz Scavone held without Bail

Last week, Scavone plead guilty to the battery charges and was sentenced to one year in jail. Once released, Scavone will have to register as a sex offender and will be deported to Brazil immediately.

Even though Scavone’s family and lawyer claimed that the 15-year-old teenager consented to having sexual relations with the 20-year-old, the facts of the incident were never questioned. According to the prosecutor, the teenager was lured by Scavone’s little brother (15) to Scavone’s cabin under false pretenses. The young girl thought she was going to a small party cabin and to meet other friends. She realized once the door closed behind her that she was alone with Scavone and his little brother where it is alleged they took turn raping the minor cruise passenger.

allure of the seas rccl_resize.jpgThe next day, the parents of the victim alerted the crew. The FBI and local authorities were called and arrested the Scavone brothers as soon as the ship arrived in Fort Lauderdale.

The criminal case against the younger of the two Scavone was completed several weeks ago and he is now back in his home country. His brother, Luiz Scavone, will not be back in Brazil before he spends the balance of his sentence behind bars.

Judge Matthew Destry was faced with an important decision early on in the criminal trial, having to rule whether Scavone could be freed on bail. The State of Attorney’s Office argued that it would be ill-advised for Scavone to be allowed to post bail because they could not prevent him from leaving the country and returning to Brazil while the charges were pending. To their point, a recent amendment to the Brazilian constitution provides that Brazilian citizens are not to be deported to a foreign country when criminal charges are pending against them. In other words, allowing Scavone to post bail and leave the USA would have meant that the teenager’s attacker would never be punished for the alleged rape.
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We began reporting on the Costa Concordia as soon as the tragedy occurred on Friday, January 13th, 2012. That night, thousands of passengers lived through a collective nightmare which ended in the most blatant mishandling of an emergency aboard a large cruise ship since the Titanic. Every single passenger aboard the Costa Cruise thought they were going to die at sea. Ultimately thirty-two passengers perished that night.

Four passengers currently in litigation provided a unique insight into what passengers aboard a stranded and sinking cruise ship were thinking and experiencing. What became crystal clear is the breakdown in communication and level of negligence displayed by Costa Cruise Lines employees of all rank.

Our four passengers were traveling together as a group and thankfully escaped the sinking ship. All four owe their luck to self-reliance and the common-sense of ignoring what Costa Cruise crew members were ordering passengers to do.

At approximately 9:00 p.m., all four friends met for dinner in the fourth floor dining room, where they were seated at the lower level. Shortly after they sat down, the ship suddenly tilted to one side, knocking over some glasses and plates. Everyone, passengers and crew-members alike, was stunned, however, within a couple of minutes, the restaurant patrons were assured by the dining staff that there was no problem.

Only minutes later, the ship sharply tilted to an extreme angle, sending all of the dishes and food on their table to the floor. This scene was replayed across the entire dining room as dishes and plates went flying everywhere. The angle of the ship was so severe that even tables were sliding across the floor, bringing to their minds the movie scenes of the sinking Titanic, which was the only cruising experience three of them had at the time.

Massive panic in the dining room broke out as families and friends attempted to protect children and loved ones and to make their way to safety through the chaos without any help from the staff.

After receiving no assistance or instruction from the staff, our group of friends quickly determined that they could not rely upon the ship’s personnel and would have to take the appropriate steps to save themselves. Remembering having seen life jackets in their closets, they fought their way through the flying china, furniture and panicking passengers out of the dining room, further impaired by the severe angle of the ship, which had also caused water to flood out of the galley on to the floor. After escaping from the dining room, one of the four friends became separated in the madness from the other three, who managed to stay together until the end.

The now smaller group fought its way through the maddening crowd of screaming, running and panicked passengers. One of them, a female passenger, slid in water which flooded out of the galley, turning the polished floor in the foyer outside of the dining room into an ice rink. As she slid across the tilted foyer, she only came to a stop after bashing into a metal column in the center. After someone helped her up, she continued to run through the chaos in an effort to catch up with her two other friends.

As they continued to run toward their cabins, they were all terrified and feared that the ship was going to sink. Since none of them were good swimmers, they all were afraid that if they had to jump overboard without a life jacket, their chances of survival were poor.
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Cruise lines sell tickets by promising dream vacation while sailing on floating cities around the world. Wanting the best vacation is the common denominator of each and every cruise passenger before they board a cruise ship. Sadly, for a lot of cruise passengers, their experience will be remembered for the wrong reasons.

Below is a list of 10 important tips that every cruise passenger should know before they get on a cruise ship, in case they become injured on the ship or on a shore excursion:

  • Save a copy of your ticket contract. The ticket contract is a 15- to 20-page document forwarded to you by the cruise line upon purchase of the cruise. This important document contains legally binding documents that will affect any potential claim or lawsuit against the cruise line.
  • Document the incident. You must take your own photographs of the scene of the incident. This is crucial to determine not only exactly where an incident took place, but to have evidence of the conditions of the area in fall cases.
  • Write down the names and rank of any and all crew members you come into contact with, and interact with, after the incident. Document who spoke to you or your relatives, and friends. Document the questions you were asked and more importantly the answers your provided.
  • If you need medical care while on ths ship after an incident takes place, do not leave the ship without requesting and obtaining a copy of the medical records, as well as a copy of any and all x-rays, scans, or studies performed by the ship’s doctor.
  • Avoid one of the biggest and most common mistakes injured cruise passengers make: Do not rely on cruise employees being helpful when you are involved in an incident with injury. Cruise employees are trained to shift into a crisis management gear once an incident occurs. They will not only attempt to diminish your injuries, but more importantly, they will be reticent to assist you with anything. Once you sustain an injury, cruise companies stop seeing you as a paying passenger, but rather as a future claimant. As such, do not expect assistance, and do not rely on cruise employees to do anything to make the rest of your cruise a “dram vacation” any longer.

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We previously reported on the incident that led to the death of 16-year-old Fernando Osorio Rodriguez, who died at sea, five days after his drifting boat came in close contact with the Star Princess, ship operated by Princess Cruises, which failed to render aid to the boat in distress.

On June 5, 2012, as published in the Miami Herald, Leesfield & Partners sued Princess Cruises and filed its complaint on behalf of Fernando Osorio’s parents in the United States District Court Southern District of Florida.

The complaint is available here.

The lawsuit alleges that, on February 24, 2012, Fernando Osorio and two of his friends boarded the Fifty Cents, a 26-foot panga boat, which is a modest-sized, open, outboard-powered, fishing boat common through the region. The three friends intended to fish off the coast of Panama, but shortly after the group left from Rio Hato, the engine of the Fifty Cents died and the boat drifted out to sea.

latin_2_resize.jpgFernando and his two friends drifted at sea for 15 days and 14 nights without power when on March 10, 2012, the Panga drifted within sight of a large white ship, the Star Princess, which is a luxury cruise ship with a passenger capacity of 2590 and a crew capacity of 1150. At the time the Fifty Cents was so far from shore that it was obvious that it was not fishing, but instead without power and adrift.

Upon seeing the large ship, the three companions repeatedly signaled that they were in distress and in need of rescue, waving their arms, waving a shirt tied to a pole and otherwise signaling to the passengers and crew of the cruise ship their dire predicament.

Three passengers aboard the Star Princess, who were using special optical equipment for bird watching, spotted the Fifty Cents and its occupants signaling for help and quickly recognized that the boat was in distress and that the men were in danger of dying if not rescued. These three passengers immediately reported the dire and life-threatening condition of the occupants of the powerless and drifting fishing boat to a crew member and provided him with their equipment to see for himself. The crew member looked, and acknowledged to the passengers that he recognized that the Fifty Cents was adrift and in a dire emergency state and he in turn reported this emergency situation to the bridge.

Despite this express notification that the Fifty Cents was adrift and in dire distress, as well as the fact that it was in clear view of this modern cruise ship with all of its sophisticated equipment, the Star Princess failed to discharge its duty under the law to render assistance to the stranded vessel and its occupants, literally leaving them to die.
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As we previously reported, on March 10, 2012, a Princess Cruise ship, the Star Princess, failed to render aid to a drifting vessel. The multiple witness accounts, which have been documented in the media for the past two months, have shown that the cruise ship’s captain either deliberately ignored the call for help or was never made aware of the situation. Neither one of those scenarios is a valid excuse.

Cuba-Florida_map.jpgThis week, a very similar set of circumstances occurred, but thankfully for the occupants of the raft in distress, they were rescued by a cruise ship that was sailing near by. The Disney Fantasy, a cruise ship owned and operated by Disney Cruise, was sailing from Port Canaveral (Florida) to the Cayman Islands on May 26, 2012, when crew-members spotted a small raft near Key West, Florida, with four men aboard.

The ship quickly responded to its duties and rescued the men. “The men were brought aboard the ship and provided with medical attention along with food and water. We are proud of our Disney Fantasy crew members, who skillfully demonstrated their training and commitment to maritime protocols around saving lives at sea,” Disney Cruise Line said in a statement.

These developments are in stark contrast with what occurred last March when the Star Princess failed to rescue a drifting vessel, occupied by three men, including a minor, which eventually resulted in two deaths.

The Star Princess failed to follow Article 98 of the UNCLOS (The United Nations Convention on the Law of the Sea of 10 December 1982) which provides that a ship must render assistance to any person found at sea in danger of being lost.

The Star Princess crew was made aware of the drifting vessel by three cruise passengers, who, at the time. were bird-watching, when they spotted the vessel and its three occupants attempting to flag down the large cruise ship by waiving their white t-shirts. The witnesses showed the drifting vessel to a crew-member, they even let him use their bird-watching equipment to confirm the nature of the distress. The crew-member then advised the crew on the bridge of the ship in distress.

Despite the grave concern felt by those who saw the vessel adrift, for some inexplicable reason, the Star Princess did not render any assistance. It never deviated from its course. It never called the Coast Guard for help. It simply continued on with the cruise, to the next Port.
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