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 Legislation Recommends Cruise Ships Provide Passengers with Access to the National Sexual Assault Hotlines June 26, 2008 - (Washington, DC) - Today Congress took an important step in ensuring the safety of Americans aboard cruise ships with the introduction of the Cruise Vessel Security and Safety Act of 2008 in the U.S. Senate by Senator John Kerry (D-MA), and in the U.S. House of Representatives by Congresswoman Doris Matsui (D-CA). Each year more than 10 million Americans take cruises, unaware of the possible dangers on board. According to the FBI, sexual assault is the leading crime reported on the high seas. This legislation includes a requirement that cruise ships provide passengers with free, immediate, and confidential access to RAINN's National Sexual Assault Hotlines (800.656.HOPE and rainn.org) to connect victims with access to rape crisis personnel who are trained to meet the unique needs of Americans traveling overseas. The legislation follows last week's U.S. Senate hearing about crime on cruise ships, at which Evelyn Fortier, RAINN's Vice President of Public Policy, testified before the U.S. Senate Commerce Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security, and provided recommendations to Congress and the cruise industry on how to improve the safety of cruise passengers. "RAINN applauds Senator Kerry and Congresswoman Matsui for including key provisions in their legislation that connect passengers on board cruise ships with information about safety, reporting options, medical treatment, and the support services that are available through the National Sexual Assault Hotlines,' said Fortier. "We look forward to working with the cosponsors of this legislation, congressional leaders, and the cruise industry to ensure that the proper steps are taken to reduce passengers' risk of sexual assault, and expand the rights of those sexually assaulted on board.' Among Fortier's recommendations to the committee were to improve the screening and training of crew members who work with passengers, ensure that cruise lines are accountable to the public through accurate public reporting of sexual assaults, and educate passengers before ship departure about the risk of sexual assault onboard, and what to do if they are assaulted during the voyage. Other provisions of the Cruise Vessel Security and Safety Act of 2008 require cruise ships to address the immediate medical needs of a victim by providing anti-retroviral medications to prevent sexually transmitted diseases, as well as give victims access to sexual assault evidentiary exams ("rape kits') to ensure that all forensic evidence is properly preserved. Ships will also be required to have a U.S. licensed medical practitioner on board at all times to perform the necessary medical examinations and administer treatment. Additional provisions of the legislation require that cruise ships equip all staterooms and crew cabins with peepholes and security latches to further enhance safety. Speaking to passengers on ways of reduce the risk of sexual assault while on a cruise ship, Fortier cautioned, "Even though you're on vacation, don't let your guard down completely. Being on a cruise can create a false sense of community, but in reality the typical cruise ship is like a floating city filled with strangers; if you feel unsafe in any situation, trust your intuition.' About RAINN RAINN (Rape, Abuse & Incest National Network) is the nation's largest anti-sexual assault organization and was named one of "America's 100 Best Charities' by Worth magazine. RAINN created and operates the National Sexual Assault Hotlines (800.656.HOPE and rainn.org) in partnership with over 1,100 local rape crisis centers across the country. The hotlines have helped more than 1.2 million people since 1994. RAINN also carries out programs to prevent sexual assault, help victims and ensure that rapists are brought to justice. For more information about RAINN, please visit rainn.org. Cruise Ship Crime Sparks Demands for Law By Joan Delaney Epoch Times Victoria Staff July 2, 2008 When Merrian Carver went missing on the second day of a Royal Caribbean cruise to Alaska in 2004, her family members say they weren't notified by the cruise line. In fact Kendall Carver, the father of the 40-year-old woman from Massachusetts, says after his daughter's disappearance his family had to cope with a painful "cover-up" by cruise ship officials. The incident went unreported to the FBI until weeks after the disappearance, and was only reported then because Carver contacted Royal Caribbean. The cruise line, which had already disposed of most of Merrian's belongings, indicated to the FBI that nothing had happened on the cruise, says Carver, and refused to permit Carver to interview the steward who had looked after his daughter's cabin. "We determined that we wanted to speak to one person (the steward) on board that ship, and to do that we had to hire an international detective agency, two law firms, take court action in two states and spend $75,000." It was only after a court-ordered deposition, Carver says, that "we found out they were lying to us the whole time" as the steward had in fact reported Merrian's disappearance. She has never been found. Carver has since formed the International Cruise Victims Association to support victims and help bring about change in an industry that has been accused of being arrogant and uncaring toward victims of crimes perpetrated during a cruise. It has been said that cruise ships are the perfect place to commit a crime. This is because international cruise lines operate under foreign "flags of convenience" and are not required under U.S. law to report crimes that occur outside of U.S. territorial waters. Although cruise lines have agreed to voluntarily report crimes committed at sea to the FBI and the U.S. Coast Guard, this currently only applies to Americans. NDP MP Denise Savoie and NDP Transport Critic Brian Masse want some protection in place for Canadians as well and are asking for a written commitment from Miami-based Cruise Line International Association (CLIA) to report all crimes committed against Canadian passengers and crew while on board international cruise ships. "I'm asking why is the industry not reporting to Canadian authorities and why has our government not stepped up and demanded this," says Savoie, whose riding of Victoria will receive 211 international ship visits this year and an additional 10 "pocket-ship" visits. Savoie's call coincides with a Senate hearing led by U.S. Senator John Kerry on the issue of crime on cruise ships. Last week, Kerry introduced legislation that would improve safety and accountability. Similar legislation has been introduced in the House of Congress. The Senate hearing and also a series of Congressional hearings in recent years heard from victims of cruise ship crime and their families who felt abandoned and frustrated with what they said was a cavalier attitude and a lack of cooperation from the industry. Critics and victims accuse cruise lines of attempting to conceal crimes while the only "punishment" meted out to crew members is to fire them. However, these workers are often able to get hired on another ship. While most who take a cruise will never encounter any problems, victims of a crime may find that they're on their own. Ross Klein, a professor of social work at Newfoundland's Memorial University, says that while the industry has agreed to report crimes to the FBI, the agreement has no teeth because it is done on a voluntary basis and there's no obligation to make the crimes public. "Back in 1999 the cruise lines announced a zero tolerance policy but that certainly hasn't been the case in practice given the numbers of sexual assaults and other crimes," he says. While the industry insists passengers are safer at sea than on land, Klein says his research shows that the rate for sexual assaults on cruise ships is about 57 per 100,000. "That's about 80 to 90 per cent higher than the rate for forcible rape in the U.S. Particularly significant is that it is more than three times higher than what the industry claimed in their testimony before Congress in 2006." Passengers as well as crew members can be both victims and perpetrators. Children have been sexually assaulted as well. People disappear from cruise ships at the rate of about 20 per year, says Klein, some of which take place "under very mysterious circumstances." "In some cases they are suicides, in some cases they are accidents, but certainly the majority of cases remain questionable in terms of how and why that person disappeared." Klein, who testified at the Senate and Congressional hearings, has written extensively about the cruise industry and often appears as an expert witness on cruise ship crime. He has also joined in the call for Canadian regulations. While requests for an interview with the CLIA were not granted, CLIA president Terry Dale told the Senate hearing that the industry's "care and compassion" in dealing with victims of crime has not always been satisfactory. However, he said cruise lines "have made great strides in the past two years to improve our procedures to provide more support to those who have been injured or families that have been affected." Dale also said that both the FBI and the U.S. Coast Guard have testified that the voluntary reporting system is working efficiently. Some commentators believe the high number of sexual assaults during cruises is partially due to staff being separated from their wives or girlfriends for up to six months at a time and a party atmosphere on board where alcohol flows freely. Miami-based Charles Lipcon, a maritime lawyer for 30 years, cites an additional reason. "I believe that the number of sexual assaults on cruise ships is increasing quite a bit. I think the word is out among sexual predators that you can go on a ship and rape someone and nothing happens to you even if you're caught. So what kind of message is that?" Date rape drugs are increasingly used in sexual assaults on cruise ships, says Lipcon, adding that in his experience the cruise lines first and foremost scramble to safeguard themselves rather than the victim in the event of a crime. While the U.S. government has jurisdiction over crimes involving U.S. citizens and residents, Lipcon says investigations usually lead nowhere because in many cases law enforcement cannot board the ship until a few days after a crime is committed and evidence is often not properly preserved. In an industry worth an estimated $35.7 billion, Carnival Cruise Lines, Royal Caribbean and Norwegian Cruise Lines account for about 94 per cent of the North American market. The ships are registered in countries such as Liberia, Panama and Bermuda, and pay little if any corporate tax. Some ships carry up to 4,000 passengers. As well as testifying at the hearings, Carver says he has had "feel-good meetings" with cruise industry officials several times who, he says, agree to make improvements but never do. He hopes Kerry's bill will be passed, but given the lobbying power of the industry, he's not holding his breath. "Last year they spent $2,800,000 in Washington lobbying — you're talking big money. We know we're in an uphill struggle but at least we're giving them a lot of heartburn." June 19, 2008 Testimony of Ross A. Klein, PhD, Before the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Senate Committee on Commerce, Science, and Transportation. Hearings on "Cruise Ship Safety: Examining Potential Steps for Keeping Americans Safe at Sea" [PDF 420K] Royal Caribbean sexual assault statistics (1997 - 2007) Click Here to download PDF Report.  Airdate: May 22, 2007 Subject: Cruise Ship Industry Trying to Clean Up Image Program: Fox 11 Ten O'Clock News View Clip [Windows Media] Cruise ship crime 'low priority' The handling of a rape allegation reflects lines' laxness and the FBI's limits, critics say. By Kimi Yoshino, Times Staff Writer March 26, 2007 After Laurie Dishman reported to Royal Caribbean crew members that she had been raped by a security guard, she recalled, the purser and the head security officer sat on her bed - the alleged crime scene - and suggested that she learn to "control her drinking." The ship's doctor, she said, handed her two gray garbage bags and told her to "collect the evidence" in her cabin herself. "In no way while I was on the ship did I feel like they were taking care of what happened," Dishman said in an interview, recounting that night 13 months ago as Royal Caribbean's Vision of the Seas cruised the Pacific en route to Cabo San Lucas, Mexico. "Nothing was professional." The 36-year-old Sacramento resident - who is suing Royal Caribbean Cruises Ltd., alleging negligence - is expected to be one of the key witnesses Tuesday in Washington before a House subcommittee examining crimes on cruise ships. Accounts such as hers have put cruise operators and the FBI on the defensive. Royal Caribbean, which disputes Dishman's contentions, says millions of Americans vacation on cruises without incident each year, giving the industry an enviable safety record. And the FBI, which investigates some crimes involving Americans on cruise ships, cites insufficient evidence or resources as impediments to pursuing certain cases. But passenger safety advocates, led by the group International Cruise Victims and by Dishman's congresswoman, Rep. Doris Matsui (D-Sacramento), say her case highlights concerns that the $32-billion industry takes a lax approach to crime. Critics accuse the industry of having downplayed the number of sexual assaults in testimony at a previous congressional hearing. Further, they say that investigations can be shoddy or incomplete and that few crimes aboard cruise ships lead to arrest or prosecution. "It's a very low priority," Charles Lipcon , a Miami-based maritime attorney who represents plaintiffs in lawsuits against the cruise industry, said of the FBI's approach to cruise crimes. "I call them 'pretend investigations.' They pretend to investigate and nothing happens." FBI officials declined to comment in detail until after Tuesday's hearing, the first called by the House Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation. But they reiterated the bureau's commitment to "addressing piracy and serious criminal acts of violence" and working with the cruise industry and other law enforcement agencies to investigate and prosecute crimes. Representatives of Miami-based Royal Caribbean told The Times that evidence collection in Dishman's case was "inconsistent" with company policy. They said Royal Caribbean cooperated with the FBI and later terminated the suspect, who told authorities it was a case of consensual sex. Sex crimes - regardless of where they take place - are difficult to prosecute. Cases often rest on one person's word against the other's. Witnesses are rare. On cruise ships, alcohol frequently plays a role. In addition, foreign crew members can be difficult to locate for questioning if they are terminated for violating company policies or reach the end of their contracts before inquiries are completed. Even when cases might have sufficient evidence, the FBI and federal prosecutors are more likely to devote resources to fighting terrorism, bank robberies and political corruption. "You have limited resources and you put those in your highest priority," said Laurie Levenson, a professor at Loyola Law School in Los Angeles and a former federal prosecutor. "If you're in California, at the top of the list is going to be immigration, terrorism, political corruption and narcotics... Sometimes there's also the mentality that the victim can sue in civil court. It doesn't leave the victim without remedies," Levenson said. Lawrence Kaye, an attorney who represents the cruise industry, said the companies "very much" wanted the FBI involved in investigating crimes because employees lack expertise in forensic investigation. In Dishman's case, a cruise security guard - who she said had harassed her in the ship's bar that night and asked for her cabin number - allegedly forced his way into her room after she answered the door on the first night of the cruise, pushed her back onto her bed and raped her. Dishman said she told him no and tried to push him away. Dishman said she had five drinks over several hours, including a glass of wine at dinner, but did not believe she was drunk. When she woke up the next morning, her pants were off and she had bruise marks around her neck, she said. The suspect, who told his employer and law enforcement authorities that the sex was consensual, was fired for violating the company's policy on fraternizing with guests. He continued to do his job for a week after the incident. Dishman and her attorney, James Walker, say authorities failed to devote sufficient time to investigating her claims. The FBI interviewed the accused crew member Feb. 26, 2006, the day the ship returned to port in San Pedro. A letter from the bureau to Dishman indicates that the U.S. attorney's office decided not to prosecute the case the same day FBI agents boarded the ship. An FBI spokeswoman in Los Angeles cited insufficient evidence in the case. The bureau did decide to give the suspect a lie detector test a few days later, but by then he had been fired and sent home to Trinidad and Tobago, according to court records. Dishman said she met, at her request, with officials at the FBI and the U.S. attorney's office to try to persuade them to file charges. They advised her to write to members of Congress and to pursue civil action against the cruise line. "I know we have terrorism and we have all these things going on in the world," Dishman said. "But I'm the victim here and I'm an American, and they're telling me there is nothing they can do for me. I don't understand." Cruise ships' crime reporting examined WASHINGTON, Jan. 20 (UPI) -- The U.S. Congress is looking into the cruise ship industry and how it handles crimes at sea. Victims of shipboard crimes want lawmakers to regulate the industry and its response to crime, the Los Angeles Times reported Saturday. Cruise ship companies say increased regulation isn't necessary. "A person on a cruise is many times safer than a person on land in the United States," Royal Caribbean spokesman Michael Sheehan told the Times. But the newspaper reported there is little consensus on what to do about crime in international waters, and industry critics say cruise ships don't adequately report shipboard crimes to authorities in U.S. ports. Industry executives told a House subcommittee that from 2003 to 2005, 178 passengers on North American cruises reported being sexually assaulted, 24 people went missing and four others were robbed, the Times said. Royal Caribbean Cruises accounted for 66 of the 178 reports of sexual assaults. Documents obtained by the Times said at least 273 people told Royal Caribbean they had been the victims of sexual assault, battery, harassment and inappropriate touching during an even shorter time period. Royal Caribbean said it only testified about the most serious reports.  Airdate: June 29, 2006 Subject: Cruise Ship Sexual Assault Client Interviewed Regarding Royal Carribean's Handling of Her Case Program: CNN/Nancy Grace Station: CNN View Clip [Windows Media]  Airdate: April 14, 2006 Subject: Cruise Ship Crimes Program: Primetime Station: ABC View Clip [Windows Media] FOX NEWS SPECIAL (VIDEO) Cruiseline Sexual Assault on FOX News  Subject: Cruiseline Sexual Assault Program: FOX News at 10 Airdate: February 21, 2005 View Clip [Windows Media, 21.6 Mb] Cruise Ship Safety Questioned After Alleged Rape Published November 06, 2006 SACRAMENTO, Calif. -- Cruise ship vacations are supposed to be one of the best travel deals, but good value does not necessarily mean good safety. Laurie Dishman, who went on such a trip with her best friend, said she found this out the hard way. During a Royal Caribbean seven-day cruise off the Mexican Riviera, their hopes for a fun high-seas adventure sunk after a night that started in a ship bar. Dishman said she was raped on the ship but has found that getting authorities to prosecute the crime is difficult because the alleged incident occurred in international waters. "We were approached by security guards who asked if we were old enough to be in the lounge, if we were over 18," Dishman recalled. "I said I'm over 18, I'm 35." She did not have her identification. I said, If you don't believe me, I'm in room 2655. You can look it up, I'm 35," she said. She said one guard was aggressive. "He grabbed my wrist and told me he wanted to come to my room," she said. "I said no. I pushed him away, and he tried to kiss me." Dishman then went back to her room and went to sleep. She then got a phone call. She said the person on the other line asked her if she was alone in her room. "I said, 'Who is this?' And they hung up the phone," Dishman recalled. Later on, there was a knock on the door. Thinking it was her friend, Michelle, she opened the door. She said it was the security guard she met at the bar. "He put his hands on my arms and forced me to the bed," Dishman said. She said she passed out, but realized when she woke up that she had been raped. Royal Caribbean took a statement from Dishman and had the ship's doctor do an exam. The cruise line flew her from Cabo San Lucas to Los Angeles, where two FBI agents met her plane. "I got back to Los Angeles and they interviewed me," Dishman said. "Only a week later they called and said there was nothing else they could do for me. They said it was a 'He said, she said.'" Dishman was essentially out of luck. "You have a situation where there isn't a local law enforcement person who will come and investigate the crime," said attorney Jim Walker, who is representing Dishman in a case he said there is little chance he can win. The case is complicated because the alleged attack took place at sea. Maritime law is not as clear as United States law. Jurisdictional issues vary based on where the ship is when the crime occurs. Plus, suing a cruise line can be difficult. Most cruise ships are registered in foreign countries. In this case, Royal Carribean is based in Liberia and flies a Liberian flag. "They've never had a single successful prosecution of any serious crime like a felony or sexual assault in the history of their company," Walker said. KCRA 3 contacted Royal Caribbean, but the company said it works with and at the direction of the FBI regarding any actions following an alleged assailant. Dishman said she got no help from Royal Caribbean President Adam Goldstein when she asked for medical information about her alleged attacker. "Does he have HIV? Does he have STDs?" she asked. Dishman appealed to Rep. Doris Matsui, D-Sacramento. "It's almost a sense of lawlessness at sea," Matsui said. Matsui said her office sent a letter and received a response three weeks later. "We were able to get all the medical information for her," Matsui said. "I don't think they had a great explanation for her." Matsui said she now supports cruise crime legislation that would force cruise lines to provide passengers with crime statistics before selling them a ticket. That is something that the International Council of Cruise Lines said "would amount to unprecedented regulation on one segment of the travel industry that would not be applicable to anyone else. This proposal is unneccessary given the outstanding safety and security on the industry." But in a Congressional hearing on cruise safety earlier this year, Royal Caribbean admitted to 66 reported shipboard sexual assaults between 2003 and 2005. "These cruise ships are not safe," Dishman said. It appears that Dishman's case will not go to trial, but she did file a civil lawsuit against Royal Caribbean. She also said she has been told the cruise line fired the security guard in question. ©2006 by KCRA.com Gropers: Women fight back Published September 01, 2006 FORMER movie muscleman Arnold Schwarzenneger was notorious for groping women sexually. But he wasn't arrested. Instead, California voters elected him governor. Various West Virginia politicians and public officials have cost taxpayers millions by pawing unreceptive women employees or visitors in government offices, resulting in sexual harassment lawsuits. But the politicians didn't pay the damage settlements - West Virginians did. Now a Parkersburg woman, Kimberly Dean Edwards, is striking back at this odious pattern. She's suing, getting political help and demanding federal law changes. While she was on a Caribbean cruise to celebrate her 40th birthday, a drunken fellow passenger came into a women's restroom of the ship and asked her to pose for a photo with him. Two ship employees held the restroom door open, and another man clicked a camera. Edwards went along with the clowning - until the drunk grabbed her breasts. She was infuriated. Afterward, she was infuriated more when ship officers did little to the groper, and even threatened to arrest her if she confronted him. Returning home to West Virginia, she contacted the International Cruise Victims group, and also asked Gov. Manchin for help. He forwarded her case to West Virginia's members of Congress. Rep. Alan Mollohan co-sponsored a bill to force cruise lines to report crimes at sea or face federal fines. Edwards also is suing Royal Caribbean cruise line. Some vain, stupid men think they're Tom Cruise or Casanova, and that all women would be delighted by their attentions. We hope the Edwards case helps bolster women's defenses against such unwanted crudity. ©The Charleston Gazzette Cruise crime victim gains political support for fight Published August 30, 2006  Kimberly Dean Edwards recounts how a fellow passenger sexually assaulted her in 2004. Now, with the help of some West Virginia lawmakers, she and the International Cruise Victims organization are battling for legislation to make cruise lines accountable. Kimberly Dean Edwards wanted to spend her 40th birthday relaxing on a four-day Royal Caribbean cruise. "The first two days were a dream trip," the Parkersburg resident said. "Now, I want my 40th birthday back." During her 2004 trip, Edwards said, a male passenger sexually assaulted her in a women's restroom while two crew members watched and did nothing. "What seemed to be innocent, drunken fun for him began the nightmare for me," she said. When the man first entered the women's restroom, she laughed it off. "'You do know you are in the ladies' room?' I asked," she said. After agreeing to pose for a picture with the man, the man began fondling her while another man snapped pictures, she said. Two ship employees, a man and woman, stood at the bathroom door, holding it open, she said. Following the assault, she told her then boyfriend and now husband, Mike Edwards, who went to talk to the employees and security. For the next two days, they did little to help, even threatening to arrest her after she confronted the man who assaulted her, she said. The man was allowed to roam freely, although she was told he would be confined to his room, she said. Edwards' story is not unique. With the help of the International Cruise Victims organization, she is lobbying to make cruise lines responsible for the crimes that happen on board. And her efforts in West Virginia are paying off. After Gov. Joe Manchin received a letter from Edwards, he sent letters to federal representatives encouraging them to talk to Edwards and support the efforts of the ICV. "The governor's primary concern is that all American citizens aboard [cruise ships] have all the protections available to the them by law," said Manchin's spokesman Tom Hunter. "Every constituent's concern the governor takes very seriously." Manchin is the first governor to issue such support, Edwards said. Also, Rep. Alan B. Mollohan, D-W.Va., has signed on to co-sponsor bill HR5707, which will require cruise lines to report crimes at sea within four hours or face heavy fines. "No matter where or when a crime occurs, it should be fully investigated and prosecuted," Mollohan said in a statement. "Unfortunately, many victims of cruise ship crimes have a different experience. Their ordeals have been made worse by callous treatment - or even disregard - from those who should have been assisting them. This legislation would ensure that crimes are reported and would begin to provide victims with the justice they deserve." - advertisement -Called the Cruise Line Accurate Safety Statistics Act, the bill was introduced in June by Rep. Christopher Shays, R-Conn., with Rep. Carolyn Maloney, D-N.Y., as the original co-sponsor. Now, Edwards wants other West Virginia legislators to get on board, especially Rep. Nick J. Rahall, D-W.Va., who serves on a transportation subcommittee. She wants Democratic Sens. Robert C. Byrd and Jay Rockefeller to propose a similar bill in the Senate, she said. Edwards is already pursuing some recourse, with a civil suit pending in Miami against Royal Caribbean. She is also looking for a lawyer to help with a suit against her assailant before the statue of limitations runs out in October. Her involvement with ICV has helped her battle the aftereffects of her assault, including nightmares and a fear of public restrooms. "I just felt so alone in this," she said. She has become close with the family of George Smith IV, who disappeared off a Royal Caribbean ship in July 2005. She wears a button with his picture. Smith is one of many who have disappeared while on cruises. She tells her story for those that can't or don't have the courage, she said. "Every day, I look at their pictures on the Web site, they are the people that are gone," she said with tears in her eyes. "I'm committed to changing the laws so cruise ships are held accountable and treat victims with the respect they deserve." By Sarah K. Winn Staff writer Crime Rocks The Boats As onboard rapes and suspicious deaths come to light, Congress has questions for the cruise industry Published Tuesday, March 07, 2006 Like so many other tales of cruise-ship crime, Janet Kelly's story begins with a cocktail and ends with a confidentiality agreement. Six years ago, on the last night of a Mexican cruise returning to Los Angeles, the Arizona businesswoman stopped at a poolside bar before dinner. The bartender, who in the days prior had been friendly but not overly flirtatious, handed her a fruity concoction that had an unwanted kick. Kelly, who is convinced that the drink was drugged, says she felt her legs go rubbery and her mind turn to mush as the bartender led her to an employees-only restroom and raped her before she passed out cold. After flying home the next day, she went to a hospital and was tested for evidence of sexual assault. The FBI, which is the lead agency for investigating incidents involving U.S. citizens on the high seas, took several weeks to interview the bartender, who claimed what happened in that bathroom stall had been consensual. After her criminal case landed in the "he said, she said" file, Kelly sued the cruise line, which promptly fired the bartender for misconduct (even consensual sexcapades between crew members and passengers are officially verboten) and sent him home to Jamaica. Several months later, she discovered through private investigators that he had been hired by another cruise line. What's unusual about Kelly's story--aside from the rehiring of the bartender, who was booted once again after his new boss learned he had falsified his employment records--is that she is able to tell so much of it. Unlike many other cruise-crime victims, Kelly, 49, settled her lawsuit with an agreement that allows her to talk about her experience, although she can't name the cruise line or the size of the settlement. This week she will testify before a congressional committee as it debates whether there needs to be greater federal oversight of the booming cruise industry, which served 11.2 million passengers last year, up 63% since 2000. Although the vast majority of passengers are American, cruise ships steer around most U.S. laws by registering in foreign countries. Because of murky jurisdiction issues, the companies report crimes to the FBI on a voluntary basis. In the wake of several recent missing-persons cases aboard cruise ships--at least 28 in the past three years--lawmakers are trying to determine whether those incidents and other crimes at sea get reported accurately, let alone investigated and prosecuted. The politician leading the charge, Congressman Chris Shays, represents the Connecticut district that had been home to hunky honeymooner George Smith, whose mysterious disappearance from a Royal Caribbean cruise in July was initially dismissed by the ship's captain as an accident or suicide, despite signs suggesting foul play. Among the dramatic elements that have emerged in the case: Smith drank absinthe, which may cause hallucinations, a few hours before he vanished in the Mediterranean; a giant bloodstain was found below his balcony; some of his drinking buddies, who deny any wrongdoing, got kicked off the boat a few days later after a female passenger accused them of rape. The media frenzy surrounding the ongoing Smith investigation has dredged up other unsettling cases. One concerns Merrian Carver, a sometime investment banker from the Boston area who disappeared in 2004 during a weeklong Celebrity cruise to Alaska. Her cabin attendant has testified that when he reported his suspicion that she was no longer aboard three days into the voyage, he was told to keep putting fresh chocolates on her pillow. At the end of the trip, his supervisor placed Carver's belongings in storage without notifying her family or the authorities. The supervisor was fired for what a company spokesman insists was a rare breakdown of a solid reporting system. But Shays isn't sold on that. He is trying to determine whether cruise lines are keeping some crimes off the books. "There's a huge incentive to downplay any incident, to sail on," says the centrist Republican. "Is going on a cruise the perfect way to commit the perfect crime?" The few statistics available aren't too comforting. No one tracks the total number of incidents cruise ships report to U.S. law-enforcement agencies. The FBI opened just 305 cruise-crime investigations from 2000 to September 2005, suggesting that either those floating hotel-casinos are some of the safest places on earth or this caseload is just the tip of the iceberg. Evidence supporting the latter: the FBI generally won't look into an onboard theft unless the items stolen are worth more than $10,000. Other countries appear to put even fewer resources into investigating cruise-ship crime. For instance, Reginald Ferguson, assistant crime commissioner for the Bahamas, in which many ships are registered, says his office has examined "maybe one or two incidents involving U.S. citizens over the last three or four years." That means the only authorities most cruise-crime victims can turn to are the ship's security personnel, who have a strong incentive to protect the industry's fun-in-the-sun image. "The cruise line controls the scene of the crime, controls the witnesses, controls the evidence," says Miami attorney James Walker, who represented Kelly. "It's all being filtered through the company's risk-management department." Court documents seen by TIME back up that contention. In one case, a passenger who was examined on board for evidence of gang rape sued the cruise line after ship security, by allowing housekeeping to repeatedly steam-clean the carpet, failed to preserve the alleged crime scene. In another case, a passenger accused of sexual assault testified that a ship security officer coached him to state that "no sex was performed by anyone." Cruise lines, says maritime lawyer Charles Lipcon, "are silently working against the victim. They're busy trying to make sure criminal cases don't see the light of day." Perhaps that's the reason only 7% of the 135 federal investigations into sexual assault over the past five years were prosecuted. Why were 93% of the cases dropped? Says Bill Carter of the FBI: "By the time we can get to [the victim and witnesses], a period of time has passed, people's memories change, they were intoxicated, or there is a lack of evidence because it was cleaned." Michael Crye, president of the International Council of Cruise Lines, insists that the low incidence of reported crimes reflects the generally safe environment on the ships. Despite cases like Kelly's, he notes, cruise employees are vetted more rigorously than hospitality workers onshore and undergo a background check by the U.S. State Department. Royal Caribbean reported that its violent-crime rate last year was 15 incidents per 100,000 people on board. "We're approximately 30 times safer than American communities in general," says the company's head of fleet operations, Captain Bill Wright, who maintains that Royal Caribbean discloses every incident, even petty thefts, to authorities. In response to the congressional probe, Crye says he and several cruise-line officials met with the FBI, the Coast Guard and Customs and Border Protection last month to "shore up any perceived deficiencies in reporting." At the same time, FBI assistant director Chris Swecker says he is considering development of a program to train cruise-industry security chiefs to improve evidence collection by using such tools as rape kits and blood tests for date-rape drugs. But to Kelly and other victims of cruise-ship crimes, changes like those won't address the larger issue of whether the industry can be trusted to police itself. A recently formed activist group called International Cruise Victims is pushing to place the equivalent of federal air marshals on cruise ships. That is undoubtedly an uphill battle, given the resources the industry has to oppose it. Carnival, the world's biggest cruise company, netted a record $353 million in the last quarter alone. And the George Smith case didn't stop Royal Caribbean from ending the year with a record profit of $716 million. The industry can use those deep pockets to stave off concerned lawmakers. According to the Center for Responsive Politics, from January 2004 to July 2005, the cruise industry spent $2.9 million on federal lobbying, nearly $1 million more than Wal-Mart did during the same period. That may be why, according to Congressman Shays, "there's never been any real oversight. Ever." Kelly, for one, is prepared to take on the industry--and endure intense scrutiny along the way--because, she says, "you just keep thinking about the next poor sucker who climbs aboard." With reporting by Jeanne DeQuine/ Miami, With reporting by Brian Bennett/ Washington By Julie Rawe © TIME Magazine If you use your head, you couldn't be any place safer Although the overwhelming number of passengers never experience any problems on their cruises, still, problems do occur. Published February 12, 2006 Though it generates huge publicity when it occurs, falling overboard is a very rare event. And even more common cruise passenger ailments and mishaps occur far less frequently than on shore. The overwhelming number of passengers never experience any problems on their cruises, other than perhaps losing more money than they'd hoped in the casino. "Cruising is one of the safest forms of transportation," declares Michael Crye, president of the Cruise Line Industry Association. Still, problems do occur. In recent years, onboard outbreaks of norovirus -- stomach flu -- have made headlines. Accidents happen: Passengers fall and break an arm or a leg, some have been injured or killed during shore excursions. Assaults and rapes on board recently have been in the news. Thefts of money or goods from passengers do occur. Statistically, such occurrences are small compared to the number of cruise passengers. In testimony before Congress last December, ICCL's Crye said that while one in every 1,000 persons is raped or sexually assaulted each year on shore, cruise ships record only one assault per 100,000 passengers. "According to the FBI, there were 1.4 million offenses of violent crime in 2004 -- a national rate of 465.5 violent crimes per 100,000 inhabitants," according to Crye. That compares with just one crime per 200,000 passengers on cruise ships, he testified. Some safety advocates and lawyers dispute industry figures. Charles R. Lipcon, a Miami attorney who specializes in maritime injury cases, for instance, says the assault statistics noted by Crye don't square with other reports. "The head of security for a cruise line said [in a deposition] that the line reports two sexual assaults per month per ship," said Lipcon. Whatever the numbers, passengers can minimize risks with common-sense precautions. Here are some of the problems that may confront cruise passengers, together with tips on minimizing their frequency and effects. HEALTH Norovirus (stomach flu) occurs everywhere -- on shore as on cruise ships. "In a contained space [as on a cruise ship], a bug can be passed around," warned Bruce McIndoe, CEO of iJet, a global travel risk management company. Best preventative: Wash your hands frequently with warm water and soap, said Stefan Christofferson, director of special projects for Carnival Cruise Lines. For seasickness, bring your own medication or have it prescribed by the ship's doctor. More serious illnesses, such as heart attacks or strokes, may require medical evacuation to a shoreside hospital. PERSONAL SAFETY If there's a knock on your cabin door, ask who it is before opening, McIndoe advises. If it's a crew member, call the purser's office before admitting him. And, say fellow cruisers, passengers should not visit crew cabins or wander alone late at night. "There's not enough live security on ship, especially at night...corridors are too deserted," wrote online user "packed&ready" in a recent CruiseCritic.com poll on cruise ship safety. McIndoe's advice: "Women should go around with a partner or another woman, or ask a crew member to escort them back to their cabin." ACCIDENTS Onboard: "In rough weather," noted McIndoe, "people walk, drink and fall. It's prudent to settle down and ride it out." Ship doctors can care for most injuries; cruise ships meet or exceed guidelines set by the American College of Emergency Physicians, said Crye. Ship doctors can perform emergency surgery, he said, but in serious cases the general practice is to stabilize patients and then evacuate them to shore. Shore excursions: Fatalities have occurred on rafting and diving trips, helicopter flights, bus and van transportation. In some cases, these may be the fault of inadequately prepared or equipped tour operators. "I highly recommend ship tours," said Christofferson. The cruise lines "check out tour operators, and the cruise lines stand behind them." You are least protected, said Crye, when you go into town, rent a car or taxi and go off on an excursion of your own. "Cruise ships are essentially a honey pot for scam artists," says McIndoe. Passengers need to realize that when they go ashore in a foreign country, they are not in the United States. "They don't have U.S. government rules, there's no oversight, no regulation. Be very cautious," he said. Know that if you get into trouble on board or in a port, you may be held accountable under a foreign country's laws, not those of the U.S. THEFT Most complaints regarding theft involve the contents of luggage. Carry important items like medication and expensive jewelry in your hand luggage. Don't leave valuables lying around in your cabin. Advises McIndoe: "You really do need to leave things in your safe, or if they are really valuable, put them in the purser's safe." Another word to the wise: Many safes open with a magnetic card. Do not use your ship ID card for that purpose; use a credit card. CHILD SAFETY Set curfew and restrictions just like at home, advises security consultant Chris E. McGoey in an article on crime doctor.com. "Teenagers especially should be told never to accompany crew members into nonpublic areas," he writes. Also, "Giving them the run of the ship while you spend hours in the casino or show is asking for trouble." INSURANCE No one plans on getting sick or injured, but it happens. Get travel insurance, Crye advises. "Medical evacuation is very expensive." Insurance also compensates you in cases of travel delays or cancellations. You can buy it through your cruise line or from an independent company (try www.insuremytrip.com or www.quotetravelinsurancecom to compare policies.) By Jay Clarke © The Miami Herald Appeals Court Upholds $1 Million Award for Alleged Rape Victim Published December 23, 2004 MIAMI (AP) - A federal appeals court has upheld a $1 million jury award for a woman who accused her waiter on a Celebrity Cruises ship of sexual battery. The woman, who was not named in the lawsuit, claimed that the waiter sexually assaulted her in a park near the docked Zenith while she was a passenger traveling from New York to Bermuda. The suit alleged that the ship's medical staff treated her and flew her home from Bermuda on July 21, 1999. She sued for negligence, sexual assault and sexual battery. A jury in November 2002 awarded the woman $1 million for her claim of sexually battery. In its 59-page opinion, the 11th U.S. Circuit Court of Appeals in Atlanta wrote Wednesday that "we conclude that the defendants owe a non-delegable duty to protect their passengers from crew member assaults and thereby safely transport their cruise passengers." The jury award is expected to be split among four defendants, including Zenith Shipping Corp. and Celebrity Cruises, which is owned by Royal Caribbean Cruises Ltd. Attorneys for the woman and the defendants did not return phone calls Thursday. Royal Caribbean spokesman Michael Sheehan said the company's attorneys were reviewing the lengthy decision and considering their options to appeal. In addition to affirming the jury's verdict, the appeals court remanded the case to the district court to enter final judgment on the verdict. Compiled from AP News wire © Tampa Tampa Tribune Sailors Deny Taking Turns to Rape Girl Published April 16, 2003 THREE sailors raped a 14-year-old girl on their cruise ship after inviting her back to their cabin for a drink, a court heard yesterday.The men deny the attack, claiming the alleged victim is a "prolific serial engager in sexual activity", who has made similar complaints before. The trio, CREWMEMBER, 29, CREWMEMBER, 26, and CREWMEMBER, 28, who are not related, all from Goa, face extradition to the Bahamas, which has jurisdiction as the incident took place in international waters and the ship is registered there. Bow Street Magistrates Court, in London, was told the trip had been booked by the girl's mother after the recent death of her husband. The family embarked on the cruise, booked with Airtours, through Scandinavia and the Baltic states in August last year. James Lewis QC, for the Commonwealth of the Bahamas, earlier told the court: "She was offered an alcoholic drink and CREWMEMBER began kissing her without her consent. "Next, CREWMEMBER raped her and finally CREWMEMBER raped her." CREWMEMBER has admitted sexual contact with the girl but said he believed she was 16. The other two defendants admit being in the cabin but deny sexual intercourse with the teenager. When the girl, who cannot be named for legal reasons, raised the alarm the three waiters were confined to their cabins for the rest of the trip and have been in custody since their liner, the Sundream, docked in Harwich last September. Lawyers for the men, argued the girl is an unreliable witness. Defending CREWMEMBER, Julian Knowles said: "P&O contacted the prosecution saying they had papers they thought were relevant concerning events six months earlier on another boat. If it appears that this complainant is a prolific serial engager in sexual activity I would be able to submit that the assault did not actually occur and by virtue of her conduct could not be indecent." The court heard a used condom found in the cabin where the rape is said to have taken place still has to be tested for DNA evidence. All three defendants were granted bail until an extradition hearing on June 24. The girl's mother has previously accused Airtours of not doing enough to help them. She said: "They didn't cope very well with our emotional and medical needs and are not accepting responsibility for what happened. "I asked for my holiday money back and they wouldn't even do that. "She went into the cabin and the TV was on. Then they closed the door and locked her in." By David Scott © Daily Express Carnival Cruise employee arrested on sex charge Published February 8, 2003 FORT LAUDERDALE -- A Carnival Cruise Line employee was held without bail Friday on charges he raped a passenger aboard the Legend as it neared Port Everglades. Made Wirawan, a 24-year-old native of Indonesia, was charged with sexual battery and burglary with assault or battery, Broward Sheriff's Office spokeswoman Veda Coleman-Wright said. A 28-year-old woman said a man entered her cabin while she was sleeping early Thursday and raped her. The Legend, returning from an eight-day Caribbean cruise, was 7 miles out at sea. After reporting the attack to Carnival security personnel, the woman was able to identify Wirawan as the attacker, police said. Wirawan allegedly used a master key card to enter her room. The woman, who lives out-of-state, was taken to the Sexual Assault Treatment Center in Fort Lauderdale for tests. Jennifer de la Cruz, a spokeswoman for the cruise line, would not comment on the case. Compiled from Times wires © St. Petersburg Times Cruise Passenger Says Ship Employee Raped Her Published February 8, 2003 A Carnival Cruise Line crew member was arrested by the Broward County Sheriff's Department on charges that he raped a passenger aboard the Legend as it returned to Port Everglades in Fort Lauderdale, Florida. Broward Sheriff's Office spokeswoman Veda Coleman-Wright said the 28-year-old female victim was asleep around 5 a.m. when the crewman, Made Wirawan, 24, used a master key to enter her cabin. Once inside, the crewman raped the woman as the cruise ship returned to port in Fort Lauderdale. The Legend was returning from an eight-day Caribbean cruise. The victim reported the incident to Carnival's onboard security personnel. After identifying Wirawan, a native of Indonesia, security guards detained him until the ship was docked and the sheriff's department responded, Coleman-Wright said. The woman, who lives out-of-state, was transported to the Sexual Assault Treatment Center in Fort Lauderdale for tests. She then returned to her home state to recover from the assault. The Carnival crewman was arrested and and jailed in Fort Lauderdale on charges of sexual battery and burglary with assault or battery. Jennifer de la Cruz, a spokeswoman for the Miami-based cruise line, confirmed the crewman was a shipboard employee of Carnival. She would offer no other comment about the sexual assault. Compiled from Sun-Sentinel.com © Sun-Sentinel Co. & South Florida Interactive, Inc. Girl Aged 14 'Lured to Cabin on Cruise Ship and Raped by Three Waiters' Published February 4, 2003 A GIRL of 14 was raped by three crewmen on a cruise ship after being invited to their cabin for a drink, a court heard yesterday. The trip to the Baltics had been booked by the teenager's mother to help the family get over the recent death of her husband. Instead, it led to a nightmare which the mother of two said had 'wrecked' her family. A court hearing began yesterday to extradite the three waiters to the Bahamas, which has jurisdiction as the alleged attack took place in international waters and the ship is registered there. Outside court, the girl's mother accused Airtours, the company responsible for the GBP 1,700 booking aboard the 23,000-ton Sundream, of not doing enough to help them. 'They didn't cope very well with our emotional and medical needs and are not accepting responsibility for what happened,' she said. 'I asked for my holiday money back and they wouldn't even do that. 'I was even told that Airtours was not responsible because the waiters were not acting in their capacity as waiters - this happened in their own time. 'We went on the cruise after the girls' father died the month beforehand and it was supposed to help them get over their father's death. 'And then this happened. She was only 14. Why us?' The two-week cruise from Harwich to Norway, Sweden, Finland, Russia and Estonia took place last August. The girl is said to have been attacked by CREWMEMBER, 25, CREWMEMBER, 28 - who is not related - and CREWMEMBER 29. James Lewis, QC, acting for the Commonwealth of the Bahamas, told Bow Street Magistrates Court in London: 'She was offered an alcoholic drink and CREWMEMBER began kissing her without her consent. 'Next, CREWMEMBER raped her and finally CREWMEMBER raped her.' He said CREWMEMBERS admitted to being in the cabin but said they did not have sexual intercourse with the girl. CREWMEMBER admitted to having sexual contact but said he believed the girl was 16. When the teenager raised the alarm, the three waiters were confined to their cabins for the rest of the cruise. For a further week, until the vessel docked at Harwich and the men were arrested, the mother and her two daughters had to stay on the ship. They were advised there might be language problems if they reported the matter when the ship docked in Estonia. Bernard Swift, a security officer for the ship who travelled from the Mediterranean to give evidence, said he had interviewed the three men on the night of the incident as well as four or five others who witnessed it. 'As a result of what they told me, it was quite clear that they breached ship's rules by allowing passengers into their quarters,' he said. The girl's mother said she had not attended school since the cruise and had to go to a sexual diseases clinic to have injections against hepatitis and to be checked for HIV infection. 'My daughter had a little card with an ice cream on it and every time she produced the card on the ship, they knew she was under age,' she said. 'I found out afterwards that the crew had been inviting the children downstairs, including boys as young as 16, and offering them alcohol. 'My daughter made friends with a 17-year-old girl who was seeing one of the crew and apparently it was my daughter's turn to go and get the alcohol. 'All this for a can of beer. She went into the cabin and the TV was on and then they closed the door and locked her in.' A spokesman for Airtours said: 'The complaint made by our customer and her family was treated with the utmost seriousness and, given the nature of the complaint, sensitivity. 'We have given, and continue to give, our full support and co-operation to the relevant authorities in the course of their investigation of this complaint.' The extradition hearing continues. By: Olinka Koster and Michael Seamark © Daily Mail
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