Passengers Who Allegedly Filmed Rape On Train Are Not Likely To Be Charged Prosecutors Say

Passengers Who Allegedly Filmed Rape On Train Not Likely To Be Charged DA SaysAlamy

Passengers who might have filmed an alleged rape are unlikely to be charged for not intervening.

Prosecutors building a case against a man accused of raping a woman on a commuter train say they are not planning to bring charges against passengers who reportedly filmed the incident and did nothing to intervene.

Superintendent of the Upper Darby Police Department, Timothy Bernhardt, initially said bystanders who failed to intervene may face criminal charges if it’s discovered that they recorded the incident, but now prosecutors have refuted that claim.

According to CBS Local, a spokeswoman for the Delaware County District Attorney’s office said there was ‘no expectation at this time that we will charge passengers’ who may have been witnesses.

It is unclear exactly how many other passengers there were on board the train and might have witnessed the assault but police say it appears as though some people held their phones up towards the attack and may have filmed it.

Police have declined to say how many passengers might have witnessed the attack or whether investigators have seen any photos or videos of the incident be posted online.

Per The Independent, Southeastern Pennsylvania Transportation Authority (Septa) police chief Thomas J Nestel III said ‘people were holding their phone up in the direction of this woman being attacked’, he went on to say he wanted ‘everyone to be angry and disgusted and to be resolute about making the system safer’.

No passengers on board the train called 911, the authorities were alerted when a Septa employee saw the attack and police arrived within three minutes of the call.

Investigators say 35-year-old Fiston Ngoy repeatedly groped a woman over the course of a 40 minute train journey on October 13 and raped her before officers could board the train and detain him.

Ngoy has been charged with rape and related sexual assault offenses. He is being held on $180,000 bail awaiting an initial appearance scheduled for October 25.

According to court records Ngoy has a history of arrests and convictions under at least three different names, including pleading guilty to misdemeanour sexual abuse in November 2017 after police said he groped two women on the street near the homeless shelter he was staying in.

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