Rape and Sexual Assault on the High Seas: A Case of Murky Jurisdiction

Authors

• Linny Kit Tong Ng

Document Type

Article

Abstract

Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article will begin by exploring the principles of criminal jurisdiction under international law, with a particular focus on the United States' approach to criminal incidents on the high seas. The United States stands out as the only State that has unequivocally asserted jurisdiction even as a non-flag State. The Article will also address the issue of overlapping jurisdiction claims. The latter part of the Article will propose that the safeguards outlined in the United States' Cruise Vessel Security and Safety Act of 2010 (“CVSSA”) could serve as a model for other States. However, beyond preventative measures, increased international collaboration is essential for victims to achieve justice. Most incidents involve multiple States, and the high seas context adds further complexity. Ultimately, achieving greater legal certainty will require a consensus among States on a baseline framework for addressing sex crimes and other criminal incidents on the high seas. It should be noted that incidents involving seafarers raise additional questions concerning labor law and vicarious liability, which are outside the scope of this inquiry.

First Page

23

Recommended Citation

Linny K. Ng, Rape and Sexual Assault on the High Seas: A Case of Murky Jurisdiction, 31 Ocean & Coastal L.J. 23 (2026).
Available at: https://digitalcommons.mainelaw.maine.edu/oclj/vol31/iss1/3