Prosecutors Don't Expect to Charge Those Who Didn't Intervene in Woman's Rape on Train

Prosecutors don't expect to charge the witnesses of an alleged rape on a Philadelphia commuter train last week for failing to intervene, according to a spokeswoman for the Delaware County District Attorney's office.

Margie McAboy, the spokeswoman, said while the case is still an open investigation, "there is no expectation at this time that we will charge passengers."

District Attorney Jack Stollsteimer said in an emailed statement that prosecutors are calling any witnesses of the incident to come forward, adding that they shouldn't fear being prosecuted, AP reported.

"Pennsylvania law does not allow for the prosecution of a passenger who may have witnessed a crime," Stollsteimer said in the statement.

Prosecutors are pursuing charges against the alleged perpetrator, 35-year-old Fiston Ngoy, who is accused of repeatedly touching, groping and ultimately raping a woman on the train over the course of 40 minutes on October 13, according to an arrest affidavit, AP reported.

For more reporting from the Associated Press, see below.

Investigators said Ngoy ripped off the woman's pants and proceeded to rape her for somewhere between six and eight minutes before officers boarded the train and detained him.

Police declined to say how many passengers may have witnessed the assault, but have said it appeared that some held their phones up in the direction of the assault seemingly to film the attack. Police have also declined to say whether investigators have found any photos or videos of the attack posted online.

Requests by AP for surveillance video from the October 13 attack on the Market-Frankford line have been denied, citing the ongoing criminal investigation. It remains unclear exactly how many other passengers were in the vicinity and whether they actually witnessed or recorded what happened on the Southeastern Pennsylvania Transportation Authority train.

In an interview Tuesday with radio station WPHT, SEPTA Police Chief Thomas J. Nestel III, said "as many as 10 people" may have seen some part of the attack.

Legal experts said unrelated passengers don't have a legal duty to intervene under Pennsylvania law.

"Unless they have a legal duty to intervene, like a parent for their child, a person cannot be prosecuted for sitting back and doing nothing," said Jules Epstein, a law professor and director of advocacy programs at Temple University Beasley School of Law.

"Doing nothing may be morally wrong, but in Pennsylvania, without that special duty relationship, it is not legally wrong," Epstein said.

Nestel has said Philadelphia 911 did not receive any calls about the attack. He said Monday operators at Delaware County 911 were still researching whether it received calls. A message to a SEPTA spokesman seeking updated information was not immediately returned Wednesday.

Ngoy is charged with rape and related sexual assault offenses. He was being held on $180,000 bail, awaiting an initial appearance scheduled for October 25. Attorney Mary Elizabeth Welch confirmed the Delaware County Public Defender's office is representing Ngoy, but said she could not comment on the case Wednesday.

Court records show Ngoy has a history of arrests and convictions under at least three names in Washington, D.C., Philadelphia and suburban Southeastern Pennsylvania counties including public intoxication, defecating or urinating in public, public disturbance and other charges.

In D.C., Ngoy pleaded guilty to misdemeanor sexual abuse in November of 2017 under the name Jack Falcon, after police said he groped two women on the street near a homeless shelter where he was staying.