Journalists and Law Firms Acknowledge MLAA’s Work as Driving Force Behind Safer Seas Act & Historic Change in the U.S. Maritime Industry
New York, NY
By: MLAA
Through her bravery, Hope Hicks changed the maritime industry forever, and “Midshipman-X” has become a widely acknowledged line in the sand that will be remembered for decades as the turning point that led to historic protections for seafarers and long-overdue accountability for maritime predators (and those who protect and enable those predators).
But “Midshipman-X” and its impact was (and remains) a partnership between Hope and MLAA, and years of extremely difficult and dangerous work preceded MLAA’s publishing of Hicks’ bombshell whistleblower account of being raped at sea.
Before working with Hope to publish her story, MLAA worked with dozens of brave survivors of maritime sexual abuse to publish dozens of similarly horrific first person accounts of maritime sexual abuse, and publishing her story would not have been possible without these brave whistleblowers who stepped forward before Hope did so in September of 2021.
This background was acknowledged by Senator Maria Cantwell in a letter to the U.S. Maritime Administration following the publication of Hope’s story by MLAA (see Senator Maria Cantwell Delivers Blistering Letter to MARAD Demanding Answers to Allegations of Rape, Rampant Unchecked Sexual Violence, and Oversight and Policy Failures Posted on the MLAA Website).
“I write to express my grave concern over the allegations of rape, sexual assault, and sexual harassment made by midshipmen at the U.S. Merchant Marine Academy (“USMMA”) and the response by you and others at the Department of Transportation (“DOT”). Through the Maritime Legal Aid & Advocacy (“MLAA”), a legal advocacy group formed on behalf of mariners, victims’ stories of shipboard sexual harassment, sexual assault, and rape have bravely shared their personal stories in blog posts on the group’s website.”
Before and after publishing her heroic story, MLAA worked tirelessly with journalists, law enforcement, policy-makers, legislators, congressional staffers and many others to turn her story into an international scandal that would lead to real change. And we succeeded, together.
The “Midshipman-X scandal,” as it has become known, led directly to the enactment of the Safer Seas Act (which MLAA was instrumental in formulating) and set in motion of process of change that is accelerating and moving beyond the United States to the rest of the world. Below are examples of statements from maritime lawyers and journalists who have acknowledged the historic impact of the partnership between MLAA and Hope Hicks:
Phelps Dunbar, LLP:
What Should Vessel Owners and Operators Know About the Safer Seas Act?
“Enacted as part of the National Defense Authorization Act for fiscal year 2023, the Safer Seas Act was passed in the wake of the Midshipman-X scandal and was meant to combat sexual assault and sexual harassment in the maritime industry. The Act mandates that owners and operators of U.S.-flagged vessels comply with various new requirements, including reporting, training and surveillance requirements. We’ve prepared a summary of the most noteworthy changes. . .”
Tradewinds
How can seafarers be protected from sexual violence where impunity reigns?
In Washington DC, lawmakers have taken steps to improve protection for seafarers and cadets on US-flag ships with last December’s Safer Seas Act, which became law as part of the wider National Defense Authorization Act. The legislation, which would not have existed without Hicks and others coming forward, requires video surveillance on ships, protects seafarers who report crimes from retaliation and obliges owners and operators to report instances of sexual assault and harassment. But lawyer Ryan Melogy, founder of Maritime Legal Aid & Advocacy who has represented Hicks and other victims at sea, wants to see steps beyond that new law.
Jones Walker LLP
“As part of the National Defense Authorization Act for Fiscal Year 2023, Congress enacted into law the Safer Seas Act (SSA) in December 2022. The bill was originally introduced as H.R. 6866 on February 28, 2022, by Rep. Peter DeFazio. As the maritime industry is well aware (or should be), the SSA responded to the September 28, 2021 anonymous blog post of "Midshipman X" in which a US Merchant Marine Academy cadet shared her story of sexual assault aboard a US-flagged ship at sea during her Sea Year training.”
Winston & Strawn, LLP
“Midshipman X’s heartbreaking allegations were posted to a whistleblower website [Maritime Legal Aid & Advocacy], set forth a shocking account of forcible rape, and quickly received widespread media attention, stoking grave concerns at the highest levels of leadership in Washington. The vessel’s operator immediately initiated a “top to bottom” investigation and analysis of its controls and subsequently suspended five crew members…In early March, the House released its legislative proposal, the Safer Seas Act. Similar to the Senate proposal, the House version would have the Coast Guard deny, suspend, or revoke mariner’s credentials for a SASH conviction with due process. The House version also directs the Coast Guard to promulgate regulations relating to crew alcohol consumption, with an amnesty provision so that violation of the alcohol policy does not impede SASH reporting…
MarineLog
New MSIB gives maritime a wake up call on harassment policies
The “Midshipman X” case continues to have consequences and a new USCG Marine Safety Information Bulletin on “Reporting Sexual Misconduct on U.S. Vessels” is getting very serious attention from U.S.-flag operators. Superceding an earlier MSIB, it says that recent changes to the law now require the responsible entity of a vessel, defined as the owner, master, or managing operator, to report to the Coast Guard any complaint or incident of harassment, sexual harassment, or sexual assault that violates company policy.
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To be updated…