Civil vs. Criminal Law at Sea: Why Litigation Is the Crew’s Lifeline

When harassment, assault, or abuse occurs at sea, crew are often left in the dark about their rights and legal remedies. While criminal prosecutions depend on state authorities and can be fraught with delays or outright dismissal, civil litigation provides seafarers with a path to accountability — and, often, the only route to real change in the yachting industry.

That’s the message from maritime lawyer Adria Notari, a former U.S. Navy Reserve officer and ex-captain who brings both seafaring insight and legal expertise to her practice at Notari Law. In the final installment of a three-part UNCENSORED series, Notari explains the critical distinctions between civil and criminal law and why crew should never assume they are powerless when systems fail them.

Civil vs. Criminal: Two Paths, Different Goals

“In a criminal case, it’s the state versus the individual — the goal is prison. In civil law, it’s the crew member versus the employer or assailant — the goal is remedy.”

If a police force or flag state refuses to pursue criminal action, crew still have civil options. Assault, harassment, and even workplace negligence can all form the basis for a civil claim, particularly if an employer knew — or should have known — that risks existed and failed to act.

Building a Case: Evidence Matters

“Unanswered emails to DPAs, ignored reports to management, or even photos of unsafe workspaces — these are all evidence.”

The responsibility to prove a case may feel overwhelming, but Notari reminds crew that the legal heavy lifting belongs to attorneys, not victims. Still, documentation can be decisive. Anonymous reports, too, can later be validated in court.

Statutes of Limitation

Timeframes matter. Under U.S. maritime law, most crew have three years from the date of an incident to file a claim. In cases of sex trafficking, the statute extends to ten years. For passengers, limitations can vary and may even be buried in the fine print of a ticket.

“Delay can cost rights.”

Employer Liability: Beyond the Individual

“If the company knew — or should have known — about risks and failed to act, then the employer can be held accountable.”

This shifts the focus from isolated perpetrators to systemic accountability, forcing organizations to confront patterns of negligence, retaliation, or cover-ups.

The Role — and Limits — of Flag States

Flag states are theoretically responsible for ensuring vessels under their registry comply with international conventions. In practice, many fail.

“Right now, there’s no clear path to hold a flag state legally accountable.”

Instead, repeated litigation against vessels flagged in non-compliant jurisdictions can pressure international bodies like the IMO to revoke those privileges.

Blacklisting, Retaliation, and Repeat Offenders

While blacklisting whistleblowers who report safety concerns is illegal, employers do have the right to investigate and refuse re-employment to repeat offenders.

“There’s no need to protect rapists, harassers, or repeat offenders in the workplace. Safety of future crew must come first.”

Practical Advice for Crew

Before signing on, crew should do more than skim contracts. Notari recommends asking the hard questions:

• Who is the employer?

• What insurance coverage does the vessel carry?

• What are the policies on harassment, bullying, and assault?

“Suppose something does happen. Who protects me? What are my remedies?”

These questions, asked upfront, can prevent a world of uncertainty later.

Litigation as a Driver of Change

At sea, legislation often lags reality. For many crew, litigation is the only mechanism to expose wrongdoing and secure justice. It is also the pressure point that pushes companies — and sometimes governments — to reform.

“Litigation, then legislation. That’s how we get real change.”

About Adria Notari

Adria Notari is a licensed maritime lawyer, former U.S. Navy Reserve officer, and passionate advocate for seafarer rights. Through her firm Notari Law, she represents crew members worldwide in cases involving contract breaches, safety violations, and abuse at sea.

📍 notarilaw.com🔗 LinkedIn: Adria Notari