| Posted on August 2, 2010 at 12:07 PM |
"We don't carry rape kits on board."
"We don't know who the investigating authority is."
"Just forget about it and get on with your life."
(Statements made by a supervisor to a crew member raped by another employee)
“It’s not our jurisdiction - it happened on board. It’s the Coast Guard that should investigate.”
“Since the investigating authority isn’t here to order it, you can’t have a rape kit.”
(Statements to the same victim by police)
"He forced his way into my cabin and pushed me onto the bed. I struggled and tried to resist, but he raped me. He left me, passed out on the bed with ligature marks around my neck. When I woke up, I didn’t know who to call, because my rapist was supposedly 'security'." (Laurie Dishman, cruise ship rape survivor, and pioneer for the legislation)
"I received a call from the FBI, who informed me that the Department ofJustice (DOJ) was not going to prosecute my case. They said that it wasa “he said/she said” case. I felt violated all over again" (Laurie Dishman)
"Within one-hour of two children being sexually assaulted and nearly raped by aCarnival employee, they [security] actually suggested our consideration for a future cruise!" (Parents of 13 year old daughter and her 12-year old friend)
Another survivor of cruise ship rape (drug-facilitated), stated "it took the FBI months to investigate" only then declinging to prosecute, citing "not enough evidence" (despite a rape kit, clothing, statements, and positive identification). Her rapist was only fired from the cruise line after a civil suit was filed, only to work on another cruise line months later.
"I put too much of that drug in her drink.....what do we do?" "I put her in a hole" (Conversation of boys who had drugged a 16 year old girl and hid her in a storage space, while not raped it is believed to have been for the purposes of human trafficking). "My family was told that because this incident happened in international waters, we had no legal recourse. Our daughter was drugged, kidnapped,and isolated, and we could do nothing." (Mother of the girl drugged)
Our port here in Tampa is the largest in Florida and one of the largest in the nation, home to 4 vessels of Royal Carribean, Carnival, and Holland America. When embarking onboard for a relaxing vacation through our port or any other, no one anticipates being the victim of a crime. However, when crimes like sexual battery do occur on a cruise, the issues become even more complicated than on land. Growing numbers of survivors have come forward, with their stories of sexual assaults and injustices, to support the passage of this bill. Unfortunately, these experiences had to continue to add up before basic measures (like rape kits and medications to prevent STI’s and pregnancy) could be provided on cruise ships. With authorities delaying, incorrectly, or outright refusing to take reports and collect evidence, victims were left to gather their own sheets or clothing, left without the right to a rape kit to support prosecution of the crime, and left to deal with the trauma alone while their attackers continued to sail freely.
With 16.8 million people taking a cruise each year, this legislation finally addresses a standard that should have already been in place for both passengers and crew members. Prior to it, cruise ship authorities were not required to report crimes to a central authority and often didn’t even know who the investigating authority was supposed to be. The bill requires all cruise vessels to: 1) Contact the FBI and Coast Guard immediately when a suspicious death or assault of a US national occurs, 2) provide rape kits and trained medical staff to administer them properly, as well as medications to prevent STI’s and pregnancy, 3) provide all victims alleging sexual assault immediate access to the national rape crisis hotline, 4) other safety measures like peepholes on all cabin doors, rails no lower than 42 inches, video surveillance, and pamphlets on how to report a crime onboard.
This legislation is one example of when voices join together, they will be heard and they will create real CHANGE. The bill began with the stories of survivors, and one survivor (Laurie Dishman, now VP of International Cruise Victims) writing a letter 4 years ago to her California state representative Doris Matsui; more stories are told and Senator John Kerry signs on as sponsor for the Senate. Survivors speak at the committee hearings and the bipartisan bill passes 416-4 in the House; their voices are heard and President Obama signs it into law July 27th, 2010.
As always, there will be more work to do. Jurisdictional issues (sailing or docking international waters and ports, possibilities of victim and/or perpetrator and/or ship from different countries, what laws or agencies will be applicable, etc.) further complicate matters for successful prosecution. Also important to note is that just because a law exists does not mean the average person is aware of it even when they become a victim of a crime. This is where people like victim advocates are so valuable in guiding and informing victims throughout the complicated process and what their rights are. Luckily, the access to the hotline will provide much needed support to survivors and as state and local task forces, I think we can all step up to help educate the public and advocate for survivors.
Emily Taylor Tocci
Change Chair
Categories: Change: Legislative Updates, Sexual Violence in the News, Resources
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