United States v. Gomez Fuenmayor: The U.S. Department of Justice's Ongoing Struggle to Prosecute Maritime Sex Crimes
March 18, 2025
New York, NY
By: MLAA
The United States Department of Justice (DoJ) continues to face significant challenges in prosecuting criminal maritime sexual assault cases, as evidenced by the recently discovered case of United States v. Gomez Fuenmayor, which went to trial in federal court in South Florida and ended with a NOT GUILTY verdict. [Case No.: 23-20052-CR-MARTINEZ].
(see Links to trial documents: Testimony of the victim, the Openings statement of the Prosecution and the Opening statement of the Defense, Jury Verdict Sheet).
Notably, Gomez—as the case has come to be known—marked the first time since the highly publicized "Midshipman X" scandal that the DoJ is known to have prosecuted a maritime sexual assault that did not occur aboard a cruise ship.
Randy Alfred Gomez Fuenmayor, the skipper of the yacht Vidi, was charged with abusive sexual contact against Michelle G., a 21-year-old stewardess, arising from a 2020 voyage to the Bahamas. Significantly, the case was investigated by the Federal Bureau of Investigation (FBI) rather than the U.S. Coast Guard Investigative Service (CGIS). Since the Midshipman-X scandal brought new attention to maritime sexual assaults, the CGIS has been intensely criticized by career attorneys at the Department of Justice for the unprofessionalism and lack of experience exhibited by CGIS agents investigating maritime sex crimes.
"This verdict doesn't mean the incident didn't happen," said Ryan Melogy, a maritime safety expert and maritime attorney whose work has helped expose the depth of the problem in the industry. "It means the prosecution couldn't prove it beyond a reasonable doubt to a jury. That's a very high bar in these types of cases, especially given the unique challenges of the maritime environment."
Despite video evidence, in which the prosecution alleged that Gomez admitted to continuing his physical advances after being told to stop multiple times by the victim, the prosecution was ultimately unsuccessful. “This outcome is similar to the case of United States v. Cusick, another DOJ prosecution where the defendant was found not guilty of sexual assault”, Melogy added. “These cases highlight the complexities the DOJ faces when prosecuting maritime sexual assault incidents, even with seemingly strong evidence”, he added.
The yacht Vidi was not flagged in the United States, and Gomez Fuenmayor was not a U.S. citizen. However, the DOJ obtained federal jurisdiction pursuant to Title 18, United States Code, Section 7(8), which allows prosecution of crimes on foreign vessels with scheduled U.S. departures or arrivals when the offense involves a U.S. national.
The U.S. Coast Guard, which should be the first in line to investigate these crimes, has long been criticized for its handling of maritime sex crimes. To date, the Coast Guard has never successfully referred a criminal sexual assault case involving a U.S. or foreign mariner to the U.S. Department of Justice for prosecution.
“The challenges the DOJ encounters in prosecuting these cases stem from various factors, including jurisdictional complexities, the ineptitude of the Coast Guard Investigative Service, the proven ‘cover-up culture’ of the U.S. Coast Guard leadership, the isolated nature of maritime environments and frequent lack of direct witnesses, potential delays in reporting due to vessels being at sea, and the difficulties of gathering and preserving evidence in mobile, international settings” Melogy explained. “As the DOJ continues to grapple with these issues, it's clear that significant work remains to be done to ensure justice and safety for mariners.”