Sexual Misconduct on Merchant Ships of the United States

Sexual Misconduct on Merchant Ships of the United States

October 28, 2021
Sexual Misconduct on Merchant Ships of the United States
Background
from the Department of Homeland Security is a security
In 1988, the Government Accountability Office studied
prerequisite for receiving an MMC.
sexual assaults of female seafarers and recommended a
requirement for the Coast Guard to be notified of these
Officers and Crews
incidents (see 46 U.S.C. §10104). Starting in 2009,
Licensed officers and documented ratings in the merchant
Congress has addressed sexual assault during seafarer
marine are comparable to commissioned officers and
training with specific legislation (see P.L. 110-417, §3507).
enlisted personnel in the armed services, respectively. A
Since 2014, the Department of Transportation Inspector
ship’s master captains a merchant ship and its crew, which
General has issued three reports regarding sexual assault at
primarily consists of deck and engine personnel. The deck
the United States Merchant Marine Academy (USMMA).
department is responsible for the ship’s cargo, control,
command, and navigation. The engine department is
Merchant Marine
responsible for the ship’s propulsion, mechanical, electrical,
A country’s merchant marine typically is composed of its
and refrigeration systems.
registered (flagged) ships used for trade and all seafarers
who work on these ships—merchant mariners. Laws of the
Criminal Law Enforcement
United States related to vessels and seafarers are enacted
The Coast Guard is the lead maritime law enforcement
as Title 46, U.S. Code, “Shipping.” It is the policy of the
agency of the United States. In this role, the Coast Guard’s
United States to have a merchant marine that meets national
mission is to enforce federal and international law on the
defense objectives and develops domestic and foreign
high seas and waters subject to U.S. jurisdiction.
commerce. It also is the policy of the United States that the
Navy and merchant marine work together to promote
Merchant Marine Offenses
integration of sea power forces. The Coast Guard has
Specific provisions in Title 46, U.S. Code, authorize
superintendence over the merchant marine and its merchant
prosecuting a merchant mariner for the following offenses:
mariners. The Maritime Administration (MARAD) fosters,
 desertion,
promotes, and develops the merchant maritime industry of
 smuggling,
the United States.
 assaulting an officer,
Merchant Mariners
 absent without leave,
 quitting without leave,
The Secretary of Transportation may provide education and
 willful disobedience while at sea, and
training for the operation of the merchant marine. The
 willful damage of a vessel or its stores.
Secretary of the Navy must ensure merchant marine officer
education and training includes naval science and officer
Maritime Jurisdiction Crimes
commissioning programs for the operation of merchant
A merchant mariner may be prosecuted for crimes in Title
vessels as a naval and military auxiliary.
18, U.S. Code, under the special maritime and territorial
Licensure and Documentation
jurisdiction of the United States (18 U.S.C. §7).
Mariners who are officers must maintain a license to work
Administrative Law Enforcement
in the merchant marine. In addition to training, education,
The Coast Guard may revoke or suspend a merchant
and sea service, officers must successfully complete a series
mariner’s license, document, or credential. An investigating
of licensing examinations administered by the Coast Guard.
officer conducts administrative investigations of persons
Mariners who are ratings must maintain a document to
applying for or holding an MMC. A Coast Guard
work in the merchant marine. This document serves as a
administrative law judge (ALJ) conducts suspension and
certificate of service and identification, specifying each
revocation fact-finding hearings for
rating in which the holder is qualified.
 conviction of a disqualifying crime,
Merchant Mariner Credential
 posing a security risk to a port or vessel,
A merchant mariner credential (MMC) combines a license
 violation of a maritime law or regulation, or
or document, and other maritime endorsements, into a
 negligence, misconduct, or incompetence as a seafarer.
credential resembling a United States passport with a red
cover. The Coast Guard issues the MMC and is responsible
Sexual Misconduct
for determining the suitability, security risk, competence,
Federal shipping regulations define seafarer misconduct as
and qualifications of MMC applicants. Obtaining a
“human behavior which violates some formal, duly
Transportation Worker Identification Credential (TWIC)
established rule. Such rules are found in, among other
places, statutes, regulations, the common law, the general
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Sexual Misconduct on Merchant Ships of the United States
maritime law, a ship’s regulation or order, or shipping
Sexual Harassment Investigations
articles and similar sources. It is an act which is forbidden
The merchant marine is not an armed service, but
or a failure to do that which is required.” Current criminal
comparatively, a military ship commander must investigate
and administrative provisions making seafarers accountable
sexual harassment allegations (10 U.S.C. §1561). A parallel
for misconduct on a merchant ship may not be effective for
rule seemingly does not apply to merchant ships, including
preventing, or responding to, sexual misconduct. Moreover,
ships in MARAD-funded national security programs.
available data and studies regarding this conduct have
exclusively examined female victims, making it difficult to
Temporary Suspension of MMC
determine the full extent of seafarer sexual misconduct.
A license, document, or credential may temporarily be
suspended if there is probable cause to believe its holder
Seafarer Gender Demographics
has become ineligible. When sexual misconduct is alleged,
The Department of Labor reports that of the entire
a temporary suspension, pending an investigation or a
transportation and material moving workforce, 20% are
hearing, appears to require a conviction for rape or
women. Commercial data sources suggest women are 12% of
aggravated sexual abuse, probable cause to believe an
all U.S. merchant mariners. The combined average for female
individual engaged in sexual misconduct is not sufficient.
students at the federal and four of the state merchant marine
Whistleblowers and Retaliation
officer academies is 17%. Excluding the United States, the
estimate for women in the global seafarer workforce is 24,059,
Federal law protects seafarers from retaliation for reporting
which is less than 3% of all certified seafarers. Yet, this is a
violations of maritime safety rules and regulations to the
worldwide increase of 46% since 2015. Within this global
Coast Guard (46 U.S.C. §2114). This provision does not
population, 7,289 are officers (30%) and 16,770 are ratings
apply to reports or complaints of sexual misconduct on a
(70%). Also, women are estimated to be 15% of officer cadets
vessel or by a vessel’s crewmember; it is not an analog to
globally. (BIMCO/International Chamber of Shipping, Seafarer
military whistleblower protection (10 U.S.C. §1034).
Workforce Report, 2021, pp. 30-32.) [Percentages are rounded.]
Officer Training and Training Ships
Under Title 46, U.S. Code, there are six financially assisted
Criminal Offenses
state maritime academies (SMAs) that train merchant
Under Title 46, U.S. Code, it is a merchant marine offense
marine officer aspirants. They each have a federal training
punishable by imprisonment for up to two years for a
ship and typically employ a superintendent and others who
seafarer to assault a ship’s officer. There is no similar
hold appointments as officers in the U.S. Maritime Service.
offense under Title 46 for nonconsensual sexual contact.
Sexual assault protection and prevention laws enacted in
2016 that apply to USMMA and its training ships do not
Crime Reporting
apply to the SMAs and their training ships (P.L. 114-328,
A master of a vessel must report to the Secretary of the
§§3510, 3511).
department in which the Coast Guard is operating a
complaint of a sexual offense prohibited under chapter
Table 1. Selected U.S. Code Provisions
109A of Title 18, U.S. Code. This requirement applies only
to a complaint by the victim of a sexual offense. If acquired
Sec.
Title 18 - Crimes & Criminal Procedure
by any means other than a victim’s complaint, reporting a
2241
Aggravated sexual abuse
ship master’s knowledge of a sexual offense, or reason to
believe one has occurred, does not appear to be required.
2242
Sexual abuse
Services to Victims and Crime Victims’ Rights
2244
Abusive sexual contact
The Crime Victims’ Rights Act (CVRA) and the Victims’
3771
Crime victims’ rights
Rights and Restitution Act (VRRA) appear to be applicable
Sec.
Title 34 - Crime Control & Law Enforcement
to victims of sexual offenses committed on merchant ships
within U.S. special maritime jurisdiction. If so, these
20141 Services to victims
victims would have a “right to be reasonably protected from
the accused” and the Coast Guard would be required to
Sec.
Title 46 - Shipping
designate officials responsible for providing victim services
3508
Crime scene preservation training for crewmembers
information. It is unclear if existing victims’ programs in
the Coast Guard cover victims of maritime offenses that the
2114
Protection of seamen against discrimination
Coast Guard has a responsibility to detect and investigate.
7703
Bases for suspension or revocation
Criminal Activities
10104 Requirement to report sexual offenses
A large passenger vessel is not a merchant ship, but these
vessels operate subject to Title 46, U.S. Code, and maritime
11501 Penalties for specified offenses
law enforcement authority. They are required to have a
Policy on sexual harassment, dating violence,
crewmember certified pursuant to federal standards on the
51318 domestic violence, sexual assault, and stalking
“appropriate methods for prevention, detection, evidence
preservation, and reporting of criminal activities in the
51322 Protection of cadets from sexual assault on vessels
international maritime environment.” This certification
Source: CRS analysis of Titles 18, 34, and 46, U.S. Code.
requirement does not apply to merchant ships.
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Sexual Misconduct on Merchant Ships of the United States

Alan Ott, Analyst in Defense and Intelligence Personnel
Policy
IF11958

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