Norwegian Spirit Child Passenger Sexually Assaulted By Crew

Norwegian Spirit Child Passenger Sexually Assaulted By Crew
Norwegian Spirit Child Passenger Sexually Assaulted By Crew

Mediterranean & Adriatic Cruise From Rome, June 17, 2018Norwegian Spirit Child Passenger Sexually Assaulted By Crew –  On Sunday, June 17, 2018 Jane Doe a resident of Arizona,  Canadian citizen was aboard Norwegian Spirit for a for a twelve-night cruise, when the family alleges their daughter Janie Doe was sexually assaulted by a housekeeping crew member named Clifford, who entered the family cabin and sexually assaulted Janie who was age 11.

Norwegian Spirit was on a Mediterranean & Adriatic cruise from Rome, with calls at Dubrovnik,  Croatia;  Venice, Italy; Koper, Slovenia; Split, Croatia; Olympia, Greece and Valletta, Malta before returning to Rome.

We noted, in the submitted court documents, Exhibit ‘A’ includes FBI statistics for alleged cruise sexual assault cases aboard Norwegian Cruise Line ships from January 2015 to June 2018, included 23 passengers and nine crew members. Of those, the FBI is no longer investigating three cases from 2015.

The case details are as follows: “Plaintiff, JANE DOE, as natural mother and legal guardian of JANIE DOE, a minor (hereinafter, “Plaintiff”), by and through undersigned counsel, hereby sues Defendant, NCL (BAHAMAS) LTD., A BURMUDA CORPORATION, d/b/a Norwegian Cruise Line (hereinafter, “NCL” or “Defendant”), files this Complaint for Damages and alleges:

Plaintiff, JANE DOE, is the mother and natural guardian of the minor child named herein as JANIE DOE. JANE DOE is, and at all times material hereto, was a resident of the State of Arizona and citizen of Canada. At the time of the subject incident (hereinafter “Incident”), Plaintiff, JANIE DOE, was 11 years and 10 months old and at all times material hereto, was and is a resident of the State of Arizona.

The names “JANE DOE” and “JANIE DOE” are a generic reference to Plaintiff and the minor on whose behalf this lawsuit is brought, and their identity should not be public record due

Additionally, The Vessel was built by and/or at the direction of Star Cruises’ specifications in or about 1996, acquired by NCL in or about 2004 and shortly thereafter retrofitted by and/or at the direction and control of NCL and to its specifications before being placed into service by NCL.

JANIE DOE boarded The Vessel on or about June 17, 2018 for a twelve-night cruise. At all times material hereto, Clifford, a seaman aboard The Vessel was employed as a stateroom steward by Defendant. At the time of the Incident, Clifford was approximately 27 years old. At approximately 8:00 p.m., on the date of the subject incident, JANIE DOE was alone in her stateroom. Moments earlier JANIE DOE’s parents informed The Stateroom Steward that JANIE DOE was resting in their stateroom and was not to be disturbed.

Moments later, at approximately 8:15 p.m., The Stateroom Steward entered the stateroom pretextually to deliver laundry (a/k/a FIRST OCCASION). On this occasion, The Stateroom Steward did not knock or otherwise announce his intention to enter the stateroom and gained entry via a master key provided to him by his employer, Defendant, NCL. The Stateroom Steward engaged in conversation with JANIE DOE of a personal and inappropriate nature, eventually leaving the stateroom.

Moments later, The Stateroom Steward returned to JANIE DOE’s stateroom, again without knocking, dropped off a basket of laundry, and engaged in further conversation with JANIE DOE. On this occasion, The Stateroom Steward again did not knock or otherwise announce his intention to enter the stateroom and again gained entry via a master key provided to him by his employer, Defendant, NCL. During this SECOND OCCASION to the stateroom, The Stateroom Steward engaged in the frequently employed predatory tactic of appearing to befriend JANIE DOE by offering to teach her how to make towel animals. This is an often employed tactic of sexual predators attempting to “Groom” their victims, in particular minors. After some time, The Stateroom Steward left the stateroom.

A few minutes later, The Stateroom Steward returned for a THIRD OCCASION to the stateroom. On this occasion, The Stateroom Steward again did not knock or otherwise announce his intention to enter the stateroom and again gained entry via a master key provided to him by his employer, Defendant, NCL. The Stateroom Steward picked up JANIE DOE and began to hold, and repeatedly touch and kiss her inappropriately about her body, against her will and
without her permission. After what seemed like a long while, The Stateroom Steward put JANIE DOE down, released her and, finally, left the stateroom.

The Stateroom Steward returned to the stateroom for a FOURTH OCCASION. On this occasion, The Stateroom Steward again did not knock or otherwise announce his intention to enter the stateroom and again gained entry via a master key provided to him by his employer, Defendant, NCL. JANIE DOE had returned to her bed trying to block out of her mind the recent events. The Stateroom Steward without permission or warning lay on top of JANIE DOE and
began forcibly engaging in one or more “sexual contact” as defined in 18 U.S.C. §2246(3) and attempted to engage in one or more “sexual act[s]” as defined in 18 U.S.C. §2246(2). JANIE DOE told The Stateroom Steward to “STOP.” After some time, The Stateroom Steward began to exit the stateroom but turned to JANIE DOE and demanded she not tell anyone of the sexual assault.

As more fully alleged in Paragraphs 28 – 35, and paragraph 46, including all sub-parts thereof above, Clifford, Defendant’s employee (a seaman crewmember) committed the intentional torts of assault, battery, sexual assault, and sexual battery against JANIE DOE as he knowingly physically and sexually assaulted and battered JANIE DOE against her will and without her permission in her stateroom aboard The Vessel.

As a result of Clifford’s physical and sexual assault and battery against her, JANIE DOE suffered economic and non-economic damages. Non-economic damages include but are not limited to bodily injury, emotional distress, mental anguish, pain, suffering, and loss of capacity for the enjoyment of life, incurred in the past and to be incurred in the future. Economic damages include but are not limited to the loss of the ability of JANIE DOE to earn money in the future and the cost of medical and counseling care and treatment incurred in the past and to be incurred in the future. These injuries did not pre-exist the Incident or pre-existed the Incident and thus, were aggravated by the Incident. These damages are continuing and/or permanent.

The actions of Defendant’s crewmember and/or employee Clifford constituted sexual assault and/or sexual battery. Additionally, the actual conduct of the subject crewmember is unlawful and in violation of Criminal Statutes, including but not limited to 18 U.S.C. §2246(3).

During the interrogation and after having been informed the sexual assault did not include penial or digital penetration/intercourse, NCL, through its officers, produced a Rape Kit Test, placed it in plain sight and insisted JANIE DOE be examined and the Rape Kit Test be accomplished. JANE DOE insisted that neither the examination nor the Rape Kit Test be performed. These events caused, inter alia, extreme emotional and psychological stress, physical injury pain and suffering to JANIE DOE.

During the interrogation and after having been informed the sexual assault did not include penial or digital penetration/intercourse, NCL, through its officers, demanded JANIE DOE to strip and remove ALL her clothes while in the Ship’s Infirmary. JANE DOE, protecting her daughter, refused NCL’s demand for ALL of JANIE DOE’s clothes. NCL, however, did confiscate JANIE DOE’s jeans, t-shirt and bra under the pretextually reason of testing the clothing. JANE DOE “drew the line” at removal and confiscation of JANIE DOE’s panties. NCL returned the confiscated clothing to JANIE DOE the day following the interrogation. The interrogation continued until the early morning hours of June 29, 2018.

At approximately 1 A.M., exhausted, humiliated and having been interrogated for more than 3-1/2 hours and after having asked on several occasions if they could leave, JANE DOE demanded at the top of her lungs that they be allowed to leave the Ship’s Infirmary. Then and only then, did NCL’s officers allow JANE DOE and her daughter JANIE DOE to leave.

As a result of the acts perpetrated by NCL, through its aforesaid officers, JANIE DOE suffered physical, emotional, and psychological injuries requiring medical and psychological treatment.”

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