Royal Caribbean should have done more to protect passenger from rape, appeals court rules
Royal Caribbean International should have known passengers are at risk of sexual assault and done more to protect a minor who says she was raped by a group of men on one of its ships in 2015, a federal appeals court ruled Wednesday.
In 2017, U.S. District Judge Michael Moore in Miami dismissed the case, filed by the victim, who goes by her initials K.T., and her mother. Wednesday’s ruling from a three-judge panel at the 11th Circuit Court of Appeals in Atlanta allows the case against Royal Caribbean to move forward in Miami.
K.T. was aboard Royal Caribbean’s Oasis of the Seas ship in December 2015 with her grandparents and two sisters for a seven-day cruise, according to her complaint, when a group of men bought her several alcoholic beverages. The adult male passengers guided the stumbling teen to a private cabin in plain view of the ship’s security cameras and raped her inside, the complaint says. She was 15 years old at the time, according to her lawyers.
In a statement, a spokesperson for the Miami-based cruise company said, “We aren’t able to comment on pending litigation, but we do take this allegation very seriously. The safety and security of our guests is our top priority.”
Sexual assaults are the most common type of crime reported on cruise ships. In the first three months of this year, cruise companies have reported 18 sexual assaults of passengers and crew members to the FBI, compared to six thefts of more than $10,000 and one assault with serious bodily injury. Cruise companies are required to report such crimes against U.S. citizens or in U.S. waters to the FBI under a 2010 law meant to curb crime at sea.
Lawyers for K.T. say that the numbers speak for themselves: given the prevalence of sexual assaults on cruise ships, cruise companies should be aware of the problem and prevent it.
In his decision to dismiss the case in 2017, Moore said that Royal Caribbean could not have foreseen that the teen was at risk and is not responsible for what happened to her.
The 11th Circuit disagreed Wednesday, citing Royal Caribbean’s knowledge of previous sexual assaults aboard its ships. “If the allegations are true, Royal Caribbean proximately caused the alleged injuries,” the court wrote in its opinion.
Carol Finklehoffe, a lawyer for the family, said cruise lines are aware of the problem.
“This allows the plaintiff to establish notice that rapes are a known danger on cruise ships and the cruise lines know it,” Finklehoffe said. “They have an obligation of a standard of care for their passengers.”
Crime on cruise ships is relatively rare given that millions of North Americans take a cruise each year. But victims of crime at sea do not have immediate access to independent law enforcement and emergency services available on land. The delay can complicate the investigative process.
In this case, K.T. did not immediately report the assault to the cruise company. She disclosed it during a visit with a psychologist after the fact, according to Finklehoffe. The men were never prosecuted.
“She’s struggled tremendously. This has had a life-altering affect on the course of her life requiring a lot of in-patient care,” said Finklehoffe. “To this day she still struggles to move forward with her life.”
Royal Caribbean may ask the entire 11th Circuit to reconsider the case, or allow it to move forward immediately at the district level in Miami.
This story has been updated to reflect more recent court filings.
This story was originally published July 25, 2019 at 12:57 PM.
