A woman allegedly raped in Bermuda more than five years ago is likely to get the $1 million the jury awarded her in 2002.

The woman was a passenger on the cruise ship travelling from New York to Bermuda in July 1999. She told local Police at the time, that a waiter on the ship had sexually assaulted her behind the public toilets at Par-la-Ville Park.

Bermuda Police arrested the 20-year-old Turkish waiter but that October he was freed on $15,000 bail after appearing in Magistrates? Court.

The 22-year-old woman was reportedly treated by the ship?s medical staff and flown home from Bermuda on July 21, 1999.

But the unnamed woman took her case to the courts in the US where a jury in November 2002 awarded her $1 million for her claim of negligence, sexual assault and sexual battery.

The claims were laid against Celebrity Cruises, owners of , Zenith Shipping Corporation, Apollo Ship Chandlers and Celebrity Catering Services Partnership.

On Wednesday an Atlanta federal appeals court upheld the million dollar award.

In its 59-page opinion, the 11th US Circuit Court of Appeals in Atlanta wrote ?we conclude that the defendants owe a non-delegable duty to protect their passengers from crew member assaults and thereby safely transport their cruise passengers?.