Agreed on all accounts. SHARP issues are hard. I think the military is historically awful at addressing them, and it sounds like the same in the merchant community.
I just noticed your tagline, BZ.
No, it’s not he said, they said if promptly reported. When promptly reported, a rape kit can be done. Evidence can be collected, DNA tests can be run. It’s hard, I get that, but much of the reasoning she writes for not reporting it is self serving and self fulfilling. As brave as it is to become a victim’s advocate, it would be even more brave and more effective to make a contemporaneous report and follow through on the prosecution. A civil suit, where the rapist, the captain and the shipping company are all held responsible, will also foment real change.I just noticed your tagline, BZ.
I agree with you. Reporting takes much courage. If she’s at sea, far from land, no real escape, feeling physically threatened, absolutely no one with any power to turn to or trust, the sense the master wouldn’t be fair-minded, the impression USMMA wouldn’t be proactive and squarely in her corner, and it would be she said-they all said-except for Sea Partner, where it seems the safest thing is simply to endure and live to fight another day - well, I have been there, though not in those exact circumstances, and I completely get the feeling of vulnerability and knowing the cost could be extremely high and long-lasting if I rocked the boat. Unfair, not right, yes, all of it. There would have to be decent people on the ship willing to stand up and say what they saw or heard, or be willing to step up and take action to prevent, to be allies and advocates. This would exact a high price for them too, if the culture is ingrained.
The change has to start somewhere, and making those reports is a starting point, though it will take courage and stoicism to get through the fallout.
What you say is ostensibly true about immediate reporting. However, that would require the vessel to be carrying a rape kit and someone qualified, in all aspects, to administer since she was two weeks from port. Given what I have read today (and am sickened by) I seriously doubt that is the case. The only way immediate reporting can be realistically expected is for there to be an undoubtedly safe COC and ability to be removed immediately from a situation that could result in additional physical and/or mental retaliation. Given the circumstances in this case neither were available. Instead of second guessing what the victim should have done better and criticizing her choices in an untenable situation perhaps a focus on accountability for the men both doing the raping and those turning a blind eye.
A rape kit isn’t difficult at all to administer. Anyone with rudimentary medical training can easily perform it. Whether there is one on board is a different question. It isn’t the only option, though. The sheets could be preserved for dna testing until the ship reached port.
I agree with you she should have reported it. And as a previous midshipman and cadet, we gone through several trainings and briefs on how to report it and the types of reporting (restricted or unrestricted). Also the SAT phone with the weekly checkins is exactly what this for.
If the perp claims consent, half the battle is won - now you need to prove a lack of consent. While some cases and situations are difficult, I would like my chances with a 19 year old blacked out virgin victim. I think a jury would have a hard time believing she was saving herself for a drunken 60 year old engineer on a boat old enough to be her grandfather. The illegal service of alcohol creates a consent issue as well, not to mention she was so dunk the perp and another guy put her in the shower in an attempt to sober her up. This is one of the more winnable consent cases I have seen. The situation and the solution isnt simple - never said it was. But if you want to effect real change, there is really only one route.
No change needed to prove civil liability - hit them where it hurts, in the pocket book. If the ship forbids alcohol, the crew and captain allowed it, illegally served a young girl, and that violation of the rules contributed to a rape, its a very straightforward and winnable case.
What Im thinking of is Criminal Liability of the ship (en rem) or of the ship operator/owner. Its one thing for a financial consequence its another for Jail time/hand cuffs. Maybe we need this level of penalty.
I hear what you are saying, and don't necessarily disagree, but even if you could get the law changed, corporate criminal defendants almost never end up in handcuffs, much less receive a prison sentence. When was the last time it happened, Enron? You need that type of scale and widespread impact for that to occur.
If there was a law or way to "arrest the ship", that might get some companies attention. Would this be doable?
This would be a powerful tool. I studied admiralty law a long time ago. I don’t remember whether there any legal tools with which to place a lien on the ship where the assault took place, but that would be a great statute to enact and would give the officers and crew the incentive of not wanting their ship taken off line.
I would not presume to assume that the crew would care if the ship is arrested or not. Even tied to the dock or at anchor the crew is still required to be on the vessel hence they are still getting paid.
I agree with what you say especially in terms of retaliation. However, I will counter that 100 or 200 or 500 reports of rape and the paperwork regarding it even if unproven is going to make people's heads turn. If you have a ship and 1 out of then 10 assaults are reported, most people are going to think its just an aberration and go with there is always a bad apple somewhere. If all assaults are reported, someone is going to notice there is a problem on the ship. Ever notice that all of the guys who ate it in the MeToo movement only went down went after dozens of women starting coming out of the woodwork. It usually started with one woman complaining with people trying to be fair about the situation but when the 10th women came complaining, no better cared if the woman was lying or not and was just piling on the accusations. My point is things will be looked at when the number count gets big enough
Yes. The rape on the ship created a maritime lien against the vessel in the victim's favor. The ship can be arrested if victim sues the vessel and the vessel calls in a port where arrest is possible (a US port). That would indeed get the vessel owners' and P&I club's attention.
I had a very similar thought. I bet if you asked the accused it he would ever make a "magic pipe" to bypass his OWS to discharge overboard he wouldn't even consider it. If only he had the same reluctance for his conduct with the cadet.