Wonder Assault Lawsuit

[Sarangel]

The Disney Cruise Line is being sued over accusations of a sexual assault on board one of its ships.

The parents of a New York girl filed the lawsuit, saying their daughter was sexually assaulted by a crew member during a cruise on the Disney Wonder back in October.

The family is looking for damages in excess of $75,000.

Disney says it is taking the allegation very seriously but isn't commenting on the lawsuit.

The crew member no longer works for Disney.

 

[dbm20th]

Just curious as to where this report comes from. Local news in NY?

This is a civil suit and not a criminal investigation?

These are always ugly. Whether they are true or not, this always hurts the business. The public hears the allegation and rarely gets to see the verdict.

 

[pedro2112]

This is a civil suit and not a criminal investigation?

These are always ugly. Whether they are true or not, this always hurts the business. The public hears the allegation and rarely gets to see the verdict.

Yes, since it was the parent of the girl and not the government filing suit, it is civil. Also, the fact that the family is asking for monetary damages is another facet of a civil suit. It is unclear as to whether any criminal charges were filed against the former Disney employee. I would be interested to find out if there were.. and if there wasn't, why not?

 

[Another Voice]

Remember that Disney cruise ships are registered under the Bahamas, not registered under the United States. As I understand things, unless the parents can prove the crime was committed in U.S. territorial waters, American law does not apply. Any investigation becomes the "responsibility" of Bahamain authorities.

There's a reason this process is called "flag of convenience".

 

[MJMcBride]

Remember that Disney cruise ships are registered under the Bahamas, not registered under the United States. As I understand things, unless the parents can prove the crime was committed in U.S. territorial waters, American law does not apply. Any investigation becomes the "responsibility" of Bahamain authorities.

There's a reason this process is called "flag of convenience".

Thats for a criminal investigation. If this is a civil lawsuit they can sue Disney wherever they can get jurisdiction. Florida/California certainly, but they could in all likelihood get it anywhere Disney has a store or some sort of "minimum contacts."

 

[DancingBear]

Generally, the Coast Guard and Federal Bureau of Investigation have jurisdiction to investigate crimes committed on passenger vessels on the high seas if the vessel is U.S. flagged or the crime occurs in the U.S. territorial sea or the victim or the perpetrator is a U.S. citizen, and the vessel departed from or will arrive at a U.S. port. The current regime requires reports of unlawful acts that occur on board to be made to the Coast Guard and to the FBI.

http://commdocs.house.gov/committees/Trans/hpw106-45.000/hpw106-45_1.HTM

If a crime is reported aboard a foreign flag cruise ship, depending on the nature of the crime, both U.S. Federal and state agencies, as well as the particular flag state government, have the authority to investigate and prosecute the alleged crime. The FBI and Coast Guard have the authority to investigate and refer for prosecution alleged crimes in international waters involving U.S. citizens.

http://www.house.gov/transportation/cgmt/hearing/10-07-99/10-07-99memo.html

In the case, STATE OF FLORIDA v. MATTHEW STEPANSKY, 761 So. 2d 1027 (S. Ct. 2000) the Florida Supreme Court ruled that the state had jurisdiction over certain crimes committed on the high seas.

http://www.lipcon.com/area_assault_law.shtml

 

[Another Voice]

Interesting, then what's all this stuff on the cable news channels about missing bridegrooms and other such "unsolvable" cruise line crimes? Can Florida police offers board and detain a crew member? Wouldn't there be extradition treaties implications?

 

[DancingBear]

Way out of my area of expertise.

 

[Sarangel]

Sorry, I usually give links or credit when I post a story - I must have been in a hurry. Here is the link, plus a second link from the Orlando Sentinel.

Sarangel

 

[MJMcBride]

Interesting, then what's all this stuff on the cable news channels about missing bridegrooms and other such "unsolvable" cruise line crimes? Can Florida police offers board and detain a crew member? Wouldn't there be extradition treaties implications?

Generally, a Florida police officer cannot board and detain crew members who are citizens of a foreign nation who did not commit a crime in Florida. Federal agencies have a little more leeway here. But stuff that happens on the high seas is a difficult, archiac, and very complicated area of the law.

 

[dbm20th]

Generally, a Florida police officer cannot board and detain crew members who are citizens of a foreign nation who did not commit a crime in Florida. Federal agencies have a little more leeway here. But stuff that happens on the high seas is a difficult, archiac, and very complicated area of the law.

MJM, a crime is a crime, correct? No matter where it may have taken place, whether it be on the high seas, the Bahamas, or Florida, aren't we still missing a criminal investigation here? Can't charges be pressed by this plaintiff even in a foreign country? Or are we theorizing that a civil suit is the only available course?

 

[Sarangel]

If you read through the articles, you'll notice that no charges have been pressed and that both US and Bahamain agencies have been involved in the investigation. My guess is that there isn't enough evidence for a criminal case, but the family is hoping for a settlement of the civil case.

Sarangel

 

[manning]

An offer by Disney to settle for x amount will be made calculated on the basis on what it would cost if went to trail.

Worked for a big company and they would get discrimination suits all the time. They had one manager who was great at documenting firing of employees. The company would even settle on those.

The reason? If you go to court and get the case thrown out the ex employee can come back with another suit. Settle for an amount which is usually low the ex employee can't sue again.

And no one can talk about it.

 

[Luv2Roam]

Agree that I worked for a major well known worldwide corporation (not Disney) who I know paid out $35k - $50k for nuisance suits. And that was years ago.

 

[MJMcBride]

MJM, a crime is a crime, correct? No matter where it may have taken place, whether it be on the high seas, the Bahamas, or Florida, aren't we still missing a criminal investigation here? Can't charges be pressed by this plaintiff even in a foreign country? Or are we theorizing that a civil suit is the only available course?

A crime is a crime is some countries but not others. Although what we're talking about is a crime just about everywhere. However, not every country allows you to "press charges." A civil suit very well may be the "best" course for the alleged victim. First and most importantly, the victim receives no monetary award in a criminal case. Plus, the burden of proof is often less in civil cases than in criminal like here in the U.S. OJ and Robert Blake were innocent but found liable.

 

[pedro2112]

An offer by Disney to settle for x amount will be made calculated on the basis on what it would cost if went to trail.

Maybe, but then again maybe not. If the investigation of the matter by Disney concludes that they will be held liable for a greater amount, then the settlement will be based on what they feel a jury would award under the circumstances. Offering a "cost of defense" settlement amount is usually done only when a company is confident that they will prevail in the underlying suit.

 

[manning]

Maybe, but then again maybe not. If the investigation of the matter by Disney concludes that they will be held liable for a greater amount, then the settlement will be based on what they feel a jury would award under the circumstances. Offering a "cost of defense" settlement amount is usually done only when a company is confident that they will prevail in the underlying suit.

True, but the cost factor is weighed in. In the example I sited the cases could be successfully defended. the manager was that good. By simply getting the case dismissed didn't prevent the plaintive to sue again. When the facts where presented to the plaintive and attorney with a choice the attorney said take the money and run.

I, myself, like the better way. And we are the only free western country that doesn't do it. Sue if you like but you lose, you pay court costs for all parties involved. That will reduce the case loads.

 

[DancingBear]

Sue if you like but you lose, you pay court costs for all parties involved. That will reduce the case loads.

Sure it would. But many legitimate claims would never be brought.