A Swedish couple is suing the Radisson Resort Miami Beach hotel for $15 million in damages after claiming that their 11-year-old daughter was sexually assaulted by an intruder in the hotel pool.
The girl was swimming in the resort’s outdoor pool on Oct. 27 when a man, who was not a guest at the hotel, grabbed and groped her genital area several times, even after she tried to swim away, according to the civil complaint filed in Miami-Dade Circuit Court on May 14.
The man, identified as Osvaldo Diaz, 69, was arrested on Oct. 27 and later charged with lewd and lascivious battery on a child and burglary with assault for entering a property without permission, according to a police report. He pleaded not guilty, and the case is still pending.
“This is the kind of incident that can only happen with a complete and utter breakdown of hotel security,” said Justin Shapiro, the family’s lawyer. “The pool area had countless access points that were entirely unsecured, unmonitored,” making it easy for intruders and criminals to follow guests into the lobby and the pool, he said.
Crimes, including trespassing, assault and theft, have been increasing at properties in Miami Beach in recent years. The girl’s family, who live in Stockholm and are anonymous in the lawsuit, said they never saw security staff during their stay at the hotel, and online guest reviews complain about unrestricted access to the premises and incidents of theft. The hotel did not respond to multiple requests for comment.
After the alleged assault, the girl called out to her 19-year-old sister, who was on the pool deck, and informed her parents. The man fled the hotel through a gap in the hedges and was later apprehended by the police on Collins Avenue, according to the complaint.
The girl has been traumatized by the incident, according to her father, who spoke to The New York Times on a video call and who asked to be anonymous to protect the family’s privacy. “It is so sad to see how her personality has changed, going from a lively girl who enjoyed everything to being anxious and not being able to sleep alone,” he said.
Accustomed to low crime rates in Stockholm, the girl used to walk home from school unaccompanied by her parents, but is now afraid that she will see the alleged attacker. Mr. Diaz remains in custody and is awaiting trial.
The family said they wanted to bring the incident to light to effect change and urge other hotels to bolster security to prevent other assaults. Their lawyer, Mr. Shapiro, said many hotels in the Miami area have cut their security budgets in recent years to invest more in amenities and landscaping. “Guests are usually looking at the grounds and facilities and not at the security measures,” he said.
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Ceylan Yeğinsu is a travel reporter for The Times who frequently writes about the cruise industry and Europe, where she is based.
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