According to documents obtained by Maritime Legal Aid & Advocacy via the Freedom of Information Act, within the past 5 years the Captain of a U.S. Flag Maersk containership intentionally violated the sexual assault allegation reporting requirement of 46 USC 10104 when logging the firing of a crewmember whose employment had been terminated for sexually harassing, stalking, and sexually assaulting a female cadet aboard the vessel.
46 USC 10104 states that “a master or other individual in charge of a documented vessel shall report to the Secretary a complaint of a sexual offense prohibited under chapter 109A of title 18, United States Code.”
The cadet had accused the perpetrator of sexually assaulting her in a document titled “Statement of Sexual Harassment/Assault,” but when the Captain of the vessel logged the firing of the crewmember he intentionally omitted the allegations of sexual assault and stated that the firing was for only for “Sexual Harassment.”
The attempted coverup was discovered by a U.S. Coast Guard official in New York while reviewing the ship’s official logbook. This shocking (but not really shocking) discovery led to an investigation by the Coast Guard Investigative Service (GCIS). The investigative report produced by the CGIS and obtained by MLAA, is 65 pages long and contains shocking details regarding Maersk’s attempted coverup and their blatant violation of the federal sexual assault reporting law, which is part of a pattern of behavior on the part of Maersk Line Limited that MLLA will soon expose.
The thorough CGIS investigative report was then sent to the USCG Office of Investigations & Casualty Analysis (CG-INV), led by the infamous Captain Jason Neubauer, a known coverup specialist for the USCG. Captain Neubauer reviewed the CGIS investigation report that clearly showed a coverup by Maersk and a violation of 46 USC 10104, including emails from a lawyer at Maersk to the Captain of the Maersk vessel regarding how they should frame the allegations that were to be entered into the logbook. Emails from the Maersk lawyer to the Captain of the Maersk vessel also alluded to phone conversations where the lawyer and the Captain of the ship could speak more candidly about how they would handle the reporting of the sexual assault allegations.
Upon reviewing this damning evidence, Captain Jason Neubauer decided to take no action against either the Maersk Captain who had intentionally violated 46 USC 10104, or against Maersk for encouraging and participating in his blatant violation of 46 USC 10104.
This, we are learning, is how the U.S. maritime industry works. Everyone in a position of power is complicit, including the law enforcement officers who are supposed to be keeping us safe from sexual predators at sea. It’s disgusting and it must change.
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Great reading yourr blog post