Sexually Assaulted at Sea: What to Do Next

A Practical Guide for U.S. Mariners

By: Maritime Attorney Ryan Melogy

Justice4Mariners is a maritime law firm. This guide is for informational purposes only and does not create an attorney-client relationship.

Start Here

If you were sexually assaulted at sea, it’s common to feel disoriented, unsure of what to do, or uncertain whether what happened even “counts.” Many mariners hesitate because they fear retaliation, job loss, or triggering processes they don’t understand.

This guide is written to help U.S. mariners understand their options before making decisions that cannot be undone. Its purpose is to explain how the system actually works so you can make informed choices on your own terms.

What Counts as Sexual Assault Under U.S. Law

Under U.S. law, sexual assault is not limited to rape or violent attacks. The Safer Seas Act incorporates federal criminal definitions from Chapter 109A of Title 18 of the U.S. Code.

The minimum criminal threshold is abusive “sexual contact” (18 U.S.C. § 2244), defined by the “intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.”

Sexual motivation is not necessarily required for abusive sexual contact constituting sexual assault to have occurred. For example, the non-consensual touching of the buttocks for the purpose of harassing or degrading another person would constitute sexual assault under the Safer Seas Act, even if the perpetrator was not sexually aroused or gratified by the conduct.

The law is gender-neutral. Men and women are equally protected, including when misconduct is minimized as hazing or horseplay.

Immediate Safety Comes First

If you are in immediate danger, safety comes first. Seek emergency assistance or medical care if needed.

If you are aboard a vessel and need immediate assistance, the U.S. Coast Guard National Command Center (NCC) operates 24 hours a day, every day of the year. You can reach them toll-free at 1-800-323-7233, by local line at +1 202-372-2100, or by email at NationalCommandCenter@uscg.mil.

The National Command Center maintains situational awareness of Coast Guard operations worldwide and can connect you with emergency assistance regardless of where you are at sea. Seeking emergency help from the Coast Guard is likely to automatically trigger a formal investigation, so understand that before you call if your situation allows time to think.

If you are aboard a vessel and cannot access in-person medical care, telemedicine options and sexual assault nurse examiners (SANEs) may be available depending on your situation and your company’s policies and resources. Preserving physical evidence may be possible with guidance from a medical professional.

The Reporting Process

Reporting sexual assault at sea does not lead to one single process for investigating the report. Who you talk to first can determine what happens next, and once certain reporting mechanisms are triggered, they can be impossible to pause or reverse.

Aboard U.S. flag vessels, sexual assault at sea may trigger four separate investigation and adjudication processes: 1) Company or Human Resources investigations led by company lawyers; 2) Criminal investigation by federal agents from the Coast Guard Investigative Service and potential U.S. Department of Justice criminal prosecution; 3) Coast Guard Suspension & Revocation investigation and prosecution ; 4) Civil litigation.

Of these four, civil litigation is the only process the survivor controls. The other three are initiated and managed by companies, law enforcement, prosecutors, or regulators, and once started, they are difficult or impossible to stop.

Here is what each process generally looks like in practice:

Company or HR investigation: Your employer will typically assign an investigator, either internal or from a third-party firm they hire, to interview you and others. This process is controlled by the company, not by you. The investigator works for them, not for you, even if they present themselves as neutral.

Criminal investigation (CGIS/DOJ): Coast Guard Investigative Service agents may contact you and potential witnesses for formal statements. The process can move slowly, prosecution is not guaranteed, and communication with the victim is often neglected. You have the right to have an attorney present during any interview. You may never hear anything about your case after you are interviewed.

Coast Guard Suspension and Revocation (S&R) proceedings: Once a report is made, the Coast Guard may investigate whether the alleged perpetrator's merchant mariner credentials should be suspended or revoked. This is an administrative process, not a criminal prosecution and focuses on the mariner's fitness to hold a credential, not on jail time. However, the Coast Guard's investigation may also involve interviewing you and creates an official record that may be accessible under the Freedom of Information Act.

Civil litigation: This is the process you initiate, on your timeline, through a Jones Act attorney or maritime injury attorney of your choosing. It is the only process in which your interests are represented and your decisions drive the outcome.

Time limits apply to civil claims. The applicable deadline depends on your employment classification, the type of vessel, and the legal theory involved. Maritime time limits often differ from standard state tort deadlines. A survivor who waits too long, even for understandable reasons, may lose the right to pursue a civil claim entirely. Consulting a maritime attorney does not require filing anything — it simply preserves your options.

U.S. Coast Guard Sexual Misconduct Reporting & Investigation Process

Mandatory Reporting Under U.S. Law

Mandatory reporting duties under 46 U.S.C. § 10104 apply to vessel owners, operators, masters, and employers, not to survivors.

However, once certain individuals receive a report, they may be legally required to notify the Coast Guard. Some conversations are therefore not confidential.

Evidence: What Is Time-Sensitive and What Is Not

Preserving evidence matters, but reporting is not the only way to preserve it.

Quietly documenting what happened, saving messages, and noting names and dates are often the safest first steps.

Under the Safer Seas Act, certain vessels must retain audio and video surveillance for at least one year. Once an incident is reported, relevant recordings must be preserved for at least five years.

What Should You Actually Do

If you are in physical danger, prioritize your safety above everything else.

Preserve information quietly: document what happened, save any messages, and write down names, dates, and what was said. You can do this without telling anyone.

Before speaking with HR, your employer, or anyone in a supervisory role, understand that doing so may trigger mandatory reporting obligations that are outside your control.

Seek confidential legal advice before entering any formal process. A Jones Act attorney or maritime injury attorney can help you understand what each path leads to before you take it.

Decide deliberately how and when to report, or whether to report at all. That decision belongs to you.

Retaliation: A Real Risk, and an Illegal One

Retaliation after reporting sexual assault is illegal but does occur in maritime environments.

It may include reassignment, isolation, loss of contracts, negative performance reviews, loss of overtime, termination, or reputational harm.

Retaliation does not mean the assault was not real.

Federal law provides specific protections for maritime workers who report misconduct. The Seaman's Protection Act (46 U.S.C. § 2114) makes it illegal for an employer to discharge or discriminate against a seaman who reports, or is about to report, sexual harassment or sexual assault to the vessel owner, the Coast Guard, or any other appropriate federal agency. This protection applies whether you are reporting assault against yourself or against another seaman.

If you experience retaliation after reporting, document every instance — reassignments, schedule changes, exclusion, hostile treatment, negative performance reviews, loss of overtime, or termination. General maritime law may provide additional remedies beyond the Seaman's Protection Act. Contact a maritime attorney if you believe you are being retaliated against. Retaliation itself can be the basis for a separate legal claim.

A Note for Non-U.S. Maritime Workers

Many maritime workers aboard vessels operating in U.S. waters are foreign nationals. If you are not a U.S. citizen, you may still have meaningful legal rights under the Jones Act, general maritime law, or applicable international conventions, depending on the vessel’s flag, your employment contract, and where the incident occurred. Your immigration status does not eliminate your rights.

Some employment contracts contain arbitration clauses that attempt to limit where and how claims can be brought. An attorney can evaluate whether those clauses are enforceable. Language barriers and distance from home should not prevent you from seeking advice.

Who Assaulted You Matters Legally

If you were assaulted by a fellow crew member or a supervisor, your primary legal claims will likely arise under the Jones Act, general maritime law, and the Safer Seas Act. If you were assaulted by a passenger, different legal theories may apply, including the vessel owner’s duty to maintain a safe environment and to protect crew from foreseeable passenger misconduct. This distinction affects which evidence is most critical and which reporting channels are most relevant. An attorney can help you identify the strongest legal path based on the specific circumstances.

Be Cautious About Company-Provided Support Resources

After an incident is reported, employers often offer access to counselors, employee assistance programs (EAPs), or HR representatives who are described as confidential or supportive. These individuals are employed by, or contracted by, the same company hat may be legally responsible for what happened to you. Anything you share with them may not be protected, and their role is to manage the company’s exposure, not to advocate for you. This is not cynicism; it is how these programs are designed.

If you want to speak with someone in confidence, seek an independent attorney or a licensed counselor with no connection to your employer.

Do Not Sign Anything Without Independent Legal Advice

In the hours and days following an incident, you may be asked to sign medical authorizations, written statements, incident reports, or other documents. Some of these may be routine. Others may be drafted in ways that limit your legal options or waive rights you don’t yet know you have.

You are not required to sign anything immediately. Ask what the document is, why it is needed, and whether you can have an attorney review it first. Any employer or insurer who pressures you to sign immediately is a signal to slow down, not speed up.

You Have Options Besides Filing a Lawsuit

Speaking with a lawyer does not require filing a lawsuit, reporting to law enforcement, or going public.

Many people seek legal advice simply to understand options and avoid mistakes.

Justice4Mariners offers confidential consultations for maritime workers who want to understand their options before making any decisions. There is no pressure and no obligation. You can reach us at Help@justice4mariners.com or call/text +1 347-562-9119.

If This Is Happening to You

You are allowed to take time, ask questions, and move at your own pace.

This guide exists so that your first irreversible decision is made with your eyes open.