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The website, Cruise Addicts, covers a cautionary tale about something you should know before boarding your next cruise. Buried within the ticket terms and conditions is a clause that can prevent victims of sexual assault from ever having their day in court. It is called mandatory arbitration, and it has become one of the cruise industry’s most powerful tools for keeping sexual assault cases hidden from public view, Tom Scolaro writes in an Oct. 27 "Cruise News" article. A Case That Should Alarm Every CruiserIn 2024, a Royal Caribbean crew member named Arvin Mirasol received a 30-year federal prison sentence for producing child pornography aboard Symphony of the Seas. Over three months and twelve consecutive cruises, Mirasol installed hidden cameras in passenger bathrooms, concealed himself under beds while guests showered, and recorded hundreds of unsuspecting victims, including toddlers as young as two. He later admitted to sexually gratifying himself while watching these videos and sharing them online. Royal Caribbean’s legal response was not to apologize, compensate victims, or outline prevention measures. Instead, the company argued that every victim must resolve their claims through private arbitration rather than public court. Their reasoning was that the victims suffered “emotional injury without physical contact,” which their ticket contract specifies must be arbitrated. In other words, even when a crew member secretly films children naked for sexual gratification, the company points to fine print and insists the case must be handled in secret. The Numbers Do Not Add UpAccording to official statistics, cruise ships appear remarkably safe. In 2023, the industry reported just 131 sexual crimes across 26.9 million passengers traveling through U.S. ports. That equals about five incidents per million travelers. If true, cruise ships would be the safest places on Earth. But that figure is statistically impossible. If a U.S. city of 26 million people reported only 131 sexual assaults in a year, it would either be miraculous or evidence of a cover-up. Cruise ships, with their isolation, 24-hour alcohol service, and minimal oversight, are not immune to sexual violence, Scolaro opines. Experts, he says, believe cruise lines are significantly underreporting incidents, whether through manipulation of reporting rules or systemic failures to recognize crimes that should be disclosed. Understanding the Arbitration TrapWhen passengers buy cruise tickets, they agree to pages of terms they rarely read. Hidden within is a clause that requires victims of “mental or emotional injury” without physical harm to resolve disputes through private arbitration rather than open court. Cruise lines interpret “emotional injury without physical contact” broadly. It includes being secretly filmed naked, experiencing sexual harassment by crew, being watched in the shower, having intimate moments recorded and shared online, or discovering a crew member hid under a bed to film children. Even when these acts involve sexual gratification, target minors, and lead to federal convictions, cruise lines still insist they are “non-contact” and therefore not eligible for court. Why Cruise Lines Fight for ArbitrationCruise lines claim arbitration is efficient. In reality, it offers them three major advantages: secrecy, restricted discovery, and lack of precedent. Arbitration proceedings are confidential, meaning the public never learns the details or outcomes. Victims are limited in obtaining evidence about prior incidents or the company’s negligence. And because arbitration decisions are private, they do not create legal precedent or industry reform. When Congress passed the Ending Forced Arbitration Act in 2022, it specifically recognized that arbitration clauses “protect the company by keeping the records of an arbitration secret,” “permit employers to retaliate against their victims without fear of their actions becoming public,” and “prevent victims from sharing their stories.” The Cost Barrier Most Victims Cannot OvercomeEven victims who want to pursue arbitration face steep costs. Court filing fees are a few hundred dollars. Arbitration requires each side to pay thousands in administrative and arbitrator fees, often reaching tens of thousands before any hearing occurs. Cruise companies can easily afford these expenses. Victims often cannot. Royal Caribbean’s contract even specifies that passengers must pay all arbitration fees for claims exceeding $750, including reimbursement of any amounts the company advances. This creates a financial barrier that prevents most survivors from pursuing justice. Many attorneys decline such cases because the costs outweigh potential recoveries, and the secrecy of arbitration prevents public accountability. A Legal Battle That Could Change EverythingAffected passengers in the Royal Caribbean case are now fighting back, arguing that federal law forbids forcing sexual assault claims into arbitration. The Ending Forced Arbitration Act allows complainants in sexual assault and harassment cases to choose court instead. The law defines a sexual assault dispute as “a nonconsensual sexual act or sexual contact,” which federal courts interpret broadly, including acts directed at victims for sexual gratification even without physical contact. Mirasol’s actions, installing cameras, hiding under beds, recording passengers for sexual gratification, and performing sexual acts while viewing footage, clearly fall under this definition. Maritime law also prohibits cruise lines from limiting a claimant’s right to a court trial for personal injury or death. Emotional distress from sexual misconduct qualifies as personal injury under this law. Federal courts have rejected arguments that lack of physical contact disqualifies emotional injuries as “personal.” A ruling in this case is expected soon. When Victims Reach Court, They Can WinWhen survivors are allowed to take their claims to court, they can achieve justice. Recently, a Brazilian passenger received a seven-figure settlement after being assaulted by a crew member who used a master key to enter her cabin. The case, handled by a maritime law team, showed that when cruise lines must defend themselves publicly, they settle. Court cases create records, expose systemic problems, and pressure companies to improve safety. But such outcomes are rare because most victims are forced into arbitration and silenced before ever reaching trial. The Stark Contrast With Other IndustriesAfter public outrage and the passage of the Ending Forced Arbitration Act, companies like Uber and Lyft removed sexual assault and harassment claims from arbitration. Cruise lines have not followed suit. Despite repeated scandals, they continue to insist on arbitration for sexual misconduct cases. In the Mirasol case, Royal Caribbean went even further, refusing to provide a passenger manifest to identify victims, delaying proceedings for months, and arguing that even children recorded for pornography had “waived” their right to court access when their parents bought tickets. The company even downplayed the crew member’s acts as “video voyeurism.” Experts testified that his behavior fits clinical definitions of voyeuristic and pedophilic disorder, and his acts “would be considered ‘contact’ offenses with identifiable victims.” Mirasol operated freely for three months and twelve cruises before victims discovered the cameras themselves. This raises serious questions about supervision, background checks, and monitoring that remain unanswered under secret arbitration. The International Waters AdvantageCruise lines also exploit jurisdictional confusion. When crimes occur in international waters, it is unclear which nation’s laws apply. Evidence may be lost as ships continue sailing. Victims are often misled into thinking they have no recourse. Federal law does give U.S. passengers rights: serious crimes must be reported to the FBI, and victims can sue in federal court under maritime law. But cruise lines routinely undermine these protections through confusing contract terms that discourage claims. Because initial investigations are conducted by ship security, which are employees of the cruise line, evidence may be compromised before law enforcement arrives. Witnesses may disembark before statements are taken. These realities make open court proceedings essential for truth and accountability. What Every Cruiser Should Know If you or someone you know experiences sexual assault, harassment, or voyeurism on a cruise ship, Scolaro, who is an attorney, recommends these immediate steps: Report the incident to ship security and insist they contact the FBI. Seek medical care and request full documentation. Document names, times, and details in writing. Preserve evidence and avoid cleaning or deleting messages. Do not sign any agreements or settlements on board. Contact an experienced maritime attorney right away. Most cruise contracts require written notice within six months and lawsuits within one year. Every report and every lawsuit helps expose a system that relies on secrecy to survive. What Needs to ChangeThe current system enables silence. Cruise lines should follow other industries by removing arbitration clauses for sexual assault claims. Congress should expand maritime protections to explicitly bar arbitration for intentional harm or crew misconduct. Cruise lines should be required to notify passengers when crew members are accused of misconduct, publicly report all sexual assault allegations, and undergo independent audits of their reporting practices. The short deadlines for filing claims must be extended to give survivors time to process trauma. Background checks, supervision, and access to victim advocates must become standard. The Bottom Line for CruisersCruise lines profit from the illusion of safety. While their ships generate billions, their contracts are written to silence victims and conceal the truth. The time has come to end the practice of hiding behind fine print and forcing survivors into secrecy. In 2025, no corporation should be able to sell luxury vacations while quietly shielding predators from accountability.Related News Coverage: Sexual Assault on Disney Cruise Ships: More Allegations Prompt Concern Over Onboard Safety

forced arbitration cruise ships

Cruise Ship Sexual Assault Lawsuits: The Hidden Contract Clause That Denies Justice

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forced arbitration cruise ships

Cruise Ship Sexual Assault Lawsuits: The Hidden Contract Clause That Denies Justice

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