The West Virginia lady, recognized within the lawsuit as Jane Doe, is searching for damages in extra of $75,000 from Classica Cruise Operator, which does enterprise as Margaritaville at Sea. Her legal professional Spencer Aronfeld advised The Washington Publish that the determine is included to ascertain a civil swimsuit in federal court docket, however “we predict the damages listed below are in extra of hundreds of thousands of {dollars}.”
The lawsuit alleges that Classica failed its responsibility to guard a passenger from sexual assault and/or sexual battery by a crew member. In line with court docket paperwork, Doe “suffered critical problems” from ending her being pregnant. The lawsuit says she suffered bodily, emotional and psychological ache in addition to an “aggravation and activation of preexisting circumstances” and “sustained incapacity” that stops her from main a standard life. She says she has paid for medical and psychological well being remedy because of the incident.
Aronfeld mentioned his shopper is a 40-year-old spouse and mom, and a “deeply spiritual particular person.” Ending the being pregnant was “not one thing that was simple for her to do,” he mentioned: “She needed to exit of state. She’s in a really conservative state the place she was not capable of receive an abortion.”
The lawsuit alleges that the bartender, Hoobesh Kumar Dookhy, entered a cabin Doe was sharing with a good friend and raped her after the 2 ladies had gone to sleep following an evening of ingesting on Could 5, whereas the ship was crusing from the Port of Palm Seashore to the Bahamas. Crew members had entry to the sufferer’s room quantity and cabin key to cost her for drinks, the lawsuit says.
In a felony case, Dookhy, 24, pleaded responsible to a cost of abusive sexual contact towards Doe’s cabinmate on the identical evening. Doe’s good friend is recognized as H.B. in Doe’s case and in her personal pending lawsuit towards Classica Cruise Operator, along with court docket paperwork associated to Dookhy’s felony case.
In line with an affidavit submitted by an FBI agent in Could, Dookhy advised federal investigators H.B. had given him the room key to the cabin, they usually had intercourse whereas Doe was asleep. Doe, who was recognized by a special identify in Dookhy’s felony case, advised investigators she awoke to Dookhy touching her face, and he or she tried to get Dookhy to depart the room earlier than he went to her good friend and touched her breast. Doe took pictures of Dookhy touching her good friend that have been shared with cruise ship safety and the FBI.
Dookhy was initially charged for having intercourse with Doe’s cabinmate when she was bodily incapable of consent, however that cost was dropped in a plea deal. Dookhy may serve as much as two years in jail and faces a most nice of $250,000 for abusive sexual contact. A sentencing listening to has been reset for Jan. 30, in keeping with court docket recordsdata. Dookhy is listed as an inmate on the Federal Detention Middle, Miami.
Doe and her husband had not been sexually lively for months earlier than the cruise, and he or she had not engaged in any sexual exercise with anybody else, Aronfeld mentioned. He additionally cited the gestational age and fetal weight on the time of the abortion as proof his shopper was impregnated throughout the cruise. “Her medical data are all constant along with her story,” Aronfeld says.
The affidavit from the FBI agent doesn’t embody any testimony from Doe saying Dookhy raped her, solely that he touched her face.
“Solely when she was pregnant was she positive what really occurred,” Aronfeld mentioned. “She has a transparent recollection of her being bare in mattress and him being on high of her.”
Aronfeld mentioned Doe reported her accusation to the FBI by telephone in October. When requested Thursday, the general public data officer for the Southern District of Florida wouldn’t touch upon whether or not Dookhy is beneath investigation or faces any extra felony expenses.
“A variety of victims of sexual assault and rape typically repress these feelings due to numerous issues like guilt and confusion and embarrassment, generally for months and years,” Aronfeld mentioned.
The Publish contacted a probation officer and a public defender assigned to Dookhy’s case however was unable to achieve Dookhy for remark. A consultant for Margaritaville at Sea shared an announcement from the corporate dated Jan. 3 relating to the most recent allegation towards Dookhy.
After the preliminary incident, “the crew member was instantly terminated from employment and we took all attainable steps to help not solely the FBI all through its investigation, however the USA Lawyer’s workplace in its prosecution,” the assertion says. Margaritaville at Sea additionally mentioned it didn’t obtain Doe’s accusation towards the previous crew member “till the time of this lawsuit.”
Sexual assaults are the most typical crimes reported on cruise ships, in keeping with Transportation Division knowledge. Over the past three months of 2022 — the final interval for which the division shared statistics for crimes reported on cruises — there have been 30 alleged sexual assaults reported throughout 13 cruise strains, together with 21 involving passengers. The earlier three months, there have been 20 reviews of alleged sexual assaults. Bahamas Paradise Cruise Line, which was rebranded as Margaritaville at Sea firm, reported no sexual assaults in 2022, per Transportation Division knowledge.
A DOT spokesperson mentioned Thursday that the company has been working with the FBI to replace their incident numbers and expects to launch 2023 figures quickly.
