Fort Lauderdale Injury Lawyer Blog

In the past, women who have been sexually assaulted while on a cruise were not provided virtually any medical treatment or forensic services while on board the ship.

Recently more attention has been focused on sexual assault and other crimes committed against women on cruise ships. Various victims advocacy groups have contended that cruise ship crimes are a significant problem and have pushed Congress for better laws governing these types of crimes.

Congress recently enacted the "Cruise Vessel Security and Safety Act." This act requires the cruise ships to provide women with access to national sexual assault hotlines if they are claiming that they have been the victim of a sexual assault. These women would also be entitled to a sexual assault forensic exam and medications to prevent sexually transmitted diseases. Cruise ships will also be required to install peep holes and security latches on cabin doors. The cruise lines will also be required to report these incidents to the FBI.

The practical effect of this legislation will be to help reduce the chances that a victim of sexual assault will contract a disease from the incident and increase the chance that the perpetrator will be apprehended. Previously, when a women claimed she was assaulted, the cruise ships did not have any kits available to preserve the forensic evidence and this made it much more difficult for allegations of assault to be proved.

The "Cruise Vessel Security and Safety Act" is a welcome change. Cruise ships, instead of being primarily concerned with avoiding civil liability to the victims of assault, must now address their medical needs and take reasonable steps to preserve the evidence and report the crime.

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Usually a school is thought of as a safe haven where students are protected from the types predators who roam outside the campus. Sometimes, however, the danger to students can come from within.

At Atlantic High School in Delray Beach, Florida, the track and football coach was arrested recently on misdemeanor battery charges, accused of groping one student and biting another, according to records.

James "Andre" Thaddies, 40, was arrested on March 3. According to school police two female students reported Thaddies touched them inappropriately without their permission. One track student reported Thaddies tried to touch her, she resisted, and he then grabbed her by the wrist and called her "retarded." The second student said that Thaddies bit her in the neck area, but did not break skin, according to the report.

The Palm Beach County school district assigned Thaddies administrative duties and no longer allowed him to teach students, effective Feb. 24. The Atlantic High football team, under Thaddies, enjoyed winning seasons.

Thaddies, it appears, had a suspected background of inappropriate conduct with female students at a Minnesota high school where similar accusations were made. According to Minnesota court documents filed in 2000, Thaddies, admitted to providing alcohol to an underaged gil and resigned after being suspended. Police investigated, but Thaddies was not charged with any sexual misconduct.

High schools in the State of Florida have the legal duty to investigate the background of teachers and other potential employees who may be in contact with their students. This is because teachers and administrators stand in the shoes of the parents while a minor student is on school grounds. Mandatory schooling has forced parents into relying on teachers to protect children during school activity. Accordingly, where the school fails to adequately investigate the background of a school teacher or administrator who abuses a student on school grounds, the school may be liable for negligent hiring and/or supervision.

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Michael Irvin, a star football player for the University of Miami Hurricanes during the 1980s, was accused of rape by a woman in a civil lawsuit who claimed that she was attacked at the Seminole Hard Rock Hotel & Casino in Hollywood, Florida. The lawsuit was filed in Broward Circuit Court. Irvin, an NFL Hall of Famer, grew up in Fort Lauderdale and was a wide receiver at the University of Miami before joining the Dallas Cowboys.

No criminal charges have been filed against Irvin, although the Broward County State Attorney's Office in Fort Lauderdale is currently investigating the case.

The woman in her complaint alleged the attack occurred around midnight during the early morning of July 5, 2007. The suit doesn't identify the woman, merely referring to her as "Jane Doe." Irvin, through his lawyer, has denied the charges.

In the civil complaint, the woman alleged Irvin bought her drinks, then took her to his hotel room. In the room, another unidentified man restrained her, while Irvin allegedly raped her. When Irvin was finished, the other man allegedly forced her to perform oral sex.

The woman reported the incident approximately two weeks later to the Seminole Police Department on July 20, 2007. A Tribe spokesman said that they inspected the room, but by that time there was no longer any forensic evidence or surveillance video. The woman also signed a waiver of prosecution because she wanted to avoid the publicity which would surround the charges.

The woman's lawyer claimed his client had passed a polygraph test. Her attorney also stated that his client and Irvin's lawyers had attempted to negotiate a settlement. Since the parties could not agree, the woman filed the lawsuit just days before the Super Bowl was to be played in South Florida.

Polygraph tests are not admissable in court unless both parties agree, which usually does not happen. These tests are still viewed as being unreliable because they are subject to manipulation, although they are frequently administered by police during the investigation of crimes.

The civil lawsuit against Michael Irvin also serves to highlight the difference between the criminal court and civil court systems. In criminal court, a defendant is facing a loss of liberty, i.e. jail time, perhaps even the death penalty. In a civil case, the defendant in the event of losing, is looking merely at adverse financial consequences in the form of a civil judgment for money damages.

Victims of sexual assaults have the right to make a claim in civil court for money damages sustained as a result of the attack. Such damages frequently include medical expenses as well as claims for "pain and suffering." The emotional damages to victims of sexual assaults can be devastating and if the evidence warrants, juries in civil cases frequently award substantial verdicts for these types of claims.

A difficult aspect of sexual assault claims in civil cases is collecting money on a judgment that has been awarded. Typically, the perpetrators of these terrible crimes do not have the money to pay off the judgment, making many of these lawsuits economically unfeasible. There are situations, however, where a judgment for money damages may be collectible such as where the location of the attack did not have adequate security, then the property owner may be liable. Also, where the defendant who is alleged to have committed the assault has substantial financial assets such as a professional athlete or wealthy business man, these cases may prove to be "collectible."

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