Sea Year Sexual Assault Report(s)

Does a civil wrong committed on the ship create a maritime lien under 46 U.S.C. § 31342? If it did, wouldn't every shipboard fight with serious injuries, harassment case, injuries from negligence not covered by worker's compensation, etc. create a lien leading to hundreds or thousands of vessels potentially being impounded via ship arrest at any given moment?

From what I understand, a maritime lien is more limited to situations such as liens for those providing necessaries to a ship, injuries caused by the ship itself, etc.

Crewmember injured on vessel = lien. Crewmember raped on vessel = lien, just like crewmember slips, falls, breaks leg on vessel = lien. Unseaworthiness of crew that leads to injury to crewmember = lien. Victims can arrest the vessel to enforce the lien, just like any other crewmember can for shipboard injuries.
 
I feel like a character in those old rock-against-drugs commercials, but I'll say it anyway. Sex, drugs, and alcohol - if you never start, you'll never NEED to stop. How's that for management? Haven't had a drop in 18 years (simply a personal choice, no 12 step program involved), and people accept that I don't drink, and don't even offer anymore.
My hubby doesn’t either. Never has, and no desire to do so. Never has! That’s all part of management and having a plan.

My point is that, if you are going to, practice BEFORE you are in ANY SITUATION, male or female, so you are armed with information about how it affects you. And others.

A person doesn’t jump into the deep end without first learning to swim, if they are going to swim. I feel this way about my boys, who would likely do some sort of parkour and break their necks, if they didn’t have an alcohol management plan….before engaging in a party somewhere.

Choosing to not drink is awesome. But if you are going to partake? Hopefully a first encounter isnt in the deep end of the pool before knowing how to swim….where one could be hurt, taken advantage of, hurt themselves or other, or so something stupid. Again, NOT a commentary on this victim…
 
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Honestly…as a mom….this hit a nerve. IMO, kids need to learn how to manage alcohol. Personally, it doesn’t make sense to me to send them out into the real world without this skill. They need to experience how it affects them, if they are going to choose to consume, in a safe environment. In our state, kids can consume alcohol at home with parental permission. I’m all about that learning. A first time drinker, especially, has no idea how alcohol affects judgement, and impairs physical/mental responses. Learning to manage alcohol is a life skill, IMO (btw…this is NOT any comment at all about the victim. Only a comment about the importance of alcohol management for EVERYONE).
This absolutely true - just another way our government has failed our kids. Expecting that we release then on the world with the skills to manage responsible alcohol consumption for the first time on their 21st birthday is ridiculously stupid. Parents need to know and do better - government and stupid laws be damned.
 
This absolutely true - just another way our government has failed our kids. Expecting that we release then on the world with the skills to manage responsible alcohol consumption for the first time on their 21st birthday is ridiculously stupid. Parents need to know and do better - government and stupid laws be damned.
In my family...it's not the Governments responsibility to teach my children things like social responsibility, responsible drinking, etc. That was my job.
 
This absolutely true - just another way our government has failed our kids. Expecting that we release then on the world with the skills to manage responsible alcohol consumption for the first time on their 21st birthday is ridiculously stupid. Parents need to know and do better - government and stupid laws be damned.
Respectfully disagree, and second the response by Don't Give Up the Ship. The government may and does fail in many respects, but teaching "kids" the basics, like the elements of responsible drinking, is not its job. And it should know and remain in its lanes. In this instance, chiefly to "establish Justice," prosecute this rapist and, upon a finding of guilt, punishing him.
 
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This is a culture at sea that has to change and it is obvious to me that the companies and the labor unions are not doing enough. Unfortunately that culture sneaks its way back to KP.

An upperclassman told me before my first sea year "drink everything they put in front of you and f--- everything they put in front of you." It doesn't sound like much has changed over the years other than we have policies now, which apparently go unenforced.

30 years ago there was little to no safety culture. I was a Cadet just before the passage of the International Safety Management Code, we did incredibly stupid things all day, then would sit on the stern drinking and trying to top each other with stories of how we almost died that day. Worst of all, we thought it was funny. Things have changed in this regard, why not in regards to sexual harassment/assault?

1. The crew should not have been drinking to excess while at sea
2. The subject M/N should not have been pressured/bullied in to participating
3. Anyone of those assembled should have felt comfortable to intervene and defend her from the pressure/bullying
4. When she was brought back to her cabin, she should not have been left alone with anyone
5. There is clearly a culture problem on this vessel if she did not feel comfortable approaching the Master with at least some story if not the full details.
6. There is clearly a culture problem at this company if the culture problem on the vessel was allowed
7. There is clearly a culture problem at the labor unions if anyone feels it is OK to be silent or defend an offender of far less than this cadet suffered.

My advice to any M/N going to see would be exactly the opposite of what was told to me. Be yourself, be strong in your beliefs, don't let anyone pressure/bully you into doing anything you don't want to do, you will likely never see any of these people again so who cares what they think, whatever pat on the back you think you may get isn't worth it, a bad review isn't worth it, in the end you have to look yourself in the mirror and that is all that matters.
 
This is a culture at sea that has to change and it is obvious to me that the companies and the labor unions are not doing enough. Unfortunately that culture sneaks its way back to KP.

An upperclassman told me before my first sea year "drink everything they put in front of you and f--- everything they put in front of you." It doesn't sound like much has changed over the years other than we have policies now, which apparently go unenforced.

30 years ago there was little to no safety culture. I was a Cadet just before the passage of the International Safety Management Code, we did incredibly stupid things all day, then would sit on the stern drinking and trying to top each other with stories of how we almost died that day. Worst of all, we thought it was funny. Things have changed in this regard, why not in regards to sexual harassment/assault?

1. The crew should not have been drinking to excess while at sea
2. The subject M/N should not have been pressured/bullied in to participating
3. Anyone of those assembled should have felt comfortable to intervene and defend her from the pressure/bullying
4. When she was brought back to her cabin, she should not have been left alone with anyone
5. There is clearly a culture problem on this vessel if she did not feel comfortable approaching the Master with at least some story if not the full details.
6. There is clearly a culture problem at this company if the culture problem on the vessel was allowed
7. There is clearly a culture problem at the labor unions if anyone feels it is OK to be silent or defend an offender of far less than this cadet suffered.

My advice to any M/N going to see would be exactly the opposite of what was told to me. Be yourself, be strong in your beliefs, don't let anyone pressure/bully you into doing anything you don't want to do, you will likely never see any of these people again so who cares what they think, whatever pat on the back you think you may get isn't worth it, a bad review isn't worth it, in the end you have to look yourself in the mirror and that is all that matters.
There are definitely US Merchant Marine companies were the safety culture is such that this would be extremely unlikely. I believe this problem needs to be tackled from several directions, including, strengthening the penalties for any licensed officer, the company and management.
 
Real question: are these merchant vessels vetted for MIDN/sea year? If so, how?? And if not, why?

It’s really bothering me that this crew is out there *probably* doing the same thing to others….
 
I agree it’s the parents job. But it is made much harder and/or illegal to do by 21 year old drinking laws. Host that party for the kids at your house today so they can experiment and the kids will all be kicked off sports teams and extracurriculars and the parents will be prosecuted.
 
I agree it’s the parents job. But it is made much harder and/or illegal to do by 21 year old drinking laws. Host that party for the kids at your house today so they can experiment and the kids will all be kicked off sports teams and extracurriculars and the parents will be prosecuted.
I hate the turn that this thread is starting to make. This is not about alcohol. It is about the abhorrent behavior of the rapist and the cover up by the crew. The 19 year old was put into a near impossible situation for her to manage and the fault for that is with Maersk and USMMA. She handled it in a way not in her best interest for sure. But it does not matter what or how much she drank or why she did it. Not one person on that ship took care of her. Including her classmate.
 
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I hate the turn that this thread is starting to make. This is not about alcohol. It is about the abhorrent behavior of the rapist and the cover up by the crew. The 19 year old was put into a near impossible situation for her to manage and the fault for that is with Maersk and USMMA. She handled it in a way not in her best interest for sure. But it does not matter what or how much she drank or why she did it. Not one person on that ship took care of her. Including her classmate.
No one was victim blaming. But we all have a responsibility not to put ourselves in dangerous situations. If we go through life relying on others to look out for our best interest we will stumble from disappointment to disappointment.
 
No one was victim blaming. But we all have a responsibility not to put ourselves in dangerous situations. If we go through life relying on others to look out for our best interest we will stumble from disappointment to disappointment.
It is about the abhorrent behavior of the rapist and the cover up by the crew. Take care of your shipmates.
 
It is about the abhorrent behavior of the rapist and the cover up by the crew. Take care of your shipmates.
There is an accusation of a rape - not sure how you are concluding the crew covered it up, since it was never reported and never investigated.

You are doing yourself a disservice if you rely on the benevolence of strangers, and expect your children to do the same. You can say and believe that without placing the blame for an alleged rape on the victim.
 
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There is an accusation of a rape - not sure how you are concluding the crew covered it up, since it was never reported and never investigated.

You are doing yourself a disservice if you rely on the benevolence if strangers, and expect your children to do the same. You can say and believe that without placing the blame for an alleged rape on the victim.
I do not understand your point "You can say and believe that without placing the blame for an alleged rape on the victim."
I do not believe that the rest of the crew on that ship did not know that something wrong happened to that midshipman. Furthermore, she was afraid to report it for a multitude of reasons.
All cadets and midshipmen rely on each other and their officers to watch out for them and to protect each other. I expect my cadet to look out for their shipmates and I believe that their academy has the same expectation.

Regardless, the conversation is not about the decision to consume alcohol. It is about the unpunished assault that occurred in the aftermath.
 
I do not understand your point "You can say and believe that without placing the blame for an alleged rape on the victim."
I do not believe that the rest of the crew on that ship did not know that something wrong happened to that midshipman. Furthermore, she was afraid to report it for a multitude of reasons.
All cadets and midshipmen rely on each other and their officers to watch out for them and to protect each other. I expect my cadet to look out for their shipmates and I believe that their academy has the same expectation.

Regardless, the conversation is not about the decision to consume alcohol. It is about the unpunished assault that occurred in the aftermath.
Clearly.
 
No one was victim blaming. But we all have a responsibility not to put ourselves in dangerous situations. If we go through life relying on others to look out for our best interest we will stumble from disappointment to disappointment.
No disrespect inteded at alll here. But….this statement is in essence, victim blaming. We all have a have a right to expect to not be violated at the most basic level. Our bodies. It shouldn’t even be on our minds. ESPECIALLY in a gathering of coworkers!! And, had she or her shipmate known the situation was dangerous, neither would have been there I’m certain. This situation should. NOT have been a dangerous one. It should Have been a way to bond with shipmates.

On TOP of that, we DO have a responsibility as human beings to help those disadvantaed, injured, takes advantage of, helpless, etc. It’s the compassionate and humane thing to do.

DOGS are tended to better than she was…and she SHOULD feel 100pct comfortable in a social setting with coworkers. ALWAYS.
 
This absolutely true - just another way our government has failed our kids. Expecting that we release then on the world with the skills to manage responsible alcohol consumption for the first time on their 21st birthday is ridiculously stupid.

From one spectrum above to another below:

If we go through life relying on others to look out for our best interest we will stumble from disappointment to disappointment.

I'm a bit confused.
 
From one spectrum above to another below:



I'm a bit confused.
Only if you pick out pieces without considering the whole. Parents have a responsibility to educate their kids on how to handle alcohol and take care of themselves, but to do so requires we ignore/violate drinking laws so they can gain that experience. That's where the government fails us.
 
Only if you pick out pieces without considering the whole. Parents have a responsibility to educate their kids on how to handle alcohol and take care of themselves, but to do so requires we ignore/violate drinking laws so they can gain that experience. That's where the government fails us.
Double check your state laws…bc in ours, parents CAN do this in our own home, with our own kids, for educational purposes. My son argued this point one day. I didn’t believe him. And then he showed me.

Personally, I do think it strange that the legal drinking age is 21. While you can own a gun and fight for your country, and do so many other things, legally at 18. But that’s a whole different thing.
 
Double check your state laws…bc in ours, parents CAN do this in our own home, with our own kids, for educational purposes. My son argued this point one day. I didn’t believe him. And then he showed me.

Personally, I do think it strange that the legal drinking age is 21. While you can own a gun and fight for your country, and do so many other things, legally at 18. But that’s a whole different thing.
Every state is different. Some allow parents to serve alcohol to their own kid at home, but that’s a lot different than parents hosting a safe party involving other kids for them to experience the effects of alcohol together. And while state laws may allow a parent to serve their own kid alcohol in their home, this may still run afoul of school codes of conduct that prohibit alcohol for athletes and even some other extracurriculars.
 
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