Maritime and Admiralty Law Attorney Robert C. Gross Discusses The Under-Reporting of Crimes By The Cruise Industry

A recent op-ed piece by Patt Morrison of the Los Angeles Times made an interesting point about the Cruise Vessel Security and Safety Act of 2010. Certain provisions of the Act were conceived and written with goal of providing better information to passengers about crimes that occur aboard cruise ships. The cruise ship industry has an inherent incentive to downplay the criminal activity that takes place aboard ships. Since the CVSSA was signed into law, the cruise ship industry has been boasting of substantial decreases in crimes like assault, rape, and theft. However, as Morrison points out in his opinion article, the CVSSA actually requires law enforcement to under-report cruise vessel crime statistics.

CVSSA Versus UCR Reporting

The Cruise Vessel Security and Safety Act contains language that only allows closed and cleared cases to be reported. As any investigator or attorney can confirm, the vast majority of crimes are unsolved and left open, even when they are considered "cold cases"–crime files that are considered unsolvable without new information or leads. That means that far fewer crimes are being reported under the CVSSA than before its passage. This is a sharp contrast from the land-based Uniform Crime Report (UCR)–a compilation of various crime statistics based upon information provided by approximately 17,000 participating law enforcement agencies. The UCR includes all reported crimes, whether they have been solved, are under investigation, or have been suspended due to lack of leads. This type of statistical reporting is a far more accurate reflection of the amount of crime that is occurring, but it inevitably yields higher figures.

Mishandling of Evidence and Crime Scenes

In addition to the minimization of crime statistics, Morrison provides some anecdotal substantiation about mishandled crime scenes and delayed investigations. "When Laurie Dishman reported being raped aboard a Royal Caribbean cruise in 2006, the ship's doctor, she said, told her to collect her own evidence, in two garbage bags, and a janitor cleaned up the room before the investigation began." – Patt Morrison, Los Angeles Times, July 2, 2012. In a case like this, it's unlikely that the victim would receive satisfaction in a criminal court. State attorneys have a difficult time prosecuting cases where evidence has not been properly collected and/or destroyed. Civil remedies, which often require a lower burden of proof, are always available to the victim, but even a civil lawsuit is substantially weakened when physical evidence is compromised.

Protect Yourself Against Crime

Over ten million people embark on cruise ships from North American ports of call every year–many of them from Miami and Fort Lauderdale. Thefts, burglaries, sexual batteries, and physical attacks are a common occurrence. If you are the victim of a crime, report it immediately and insist that the authorities are notified without delay. At your earliest convenience, discuss your situation with a maritime law attorney who represents the victims of crimes in their civil lawsuits.