Fiston Ngoy: Here's why Philly train rape witnesses won't face charges for filming crime

'It speaks to where we are in society and who would allow something like that to take place'

UPDATED OCT 21, 2021

SEPTA's ACS-64 Test Train at the Trenton Transit Center with an insert of Fiston Ngoy (SEPTA/Facebook/Steve Keeley/Twitter)

PHILADELPHIA, PENNSYLVANIA: The horrific Philadelphia train rape incident happened on October 13, 2021, where illegal immigrant Fiston Ngoy raped a woman in a SEPTA train compartment with nearly 10 witnesses. Shockingly, none of the passengers intervened to stop the rape accused or call 911, while some even took out their phones to film the ordeal. Earlier, police authorities noted that the passengers who failed to intervene and help the victim might be facing criminal charges. However, the prosecutors of the case have now stated that none of the witnesses will be charged.

Surveillance footage from the Southeastern Pennsylvania Transportation Authority (SEPTA) train showed a man boarding a westbound train at about 10 pm and sitting next to a woman. Upper Darby Township Police Department Superintendent Timothy Bernhardt noted how 35-year-old Fiston Ngoy “sat next to her for a conversation" before ripping her clothes off and "just completely overpowered the woman and forcibly raped her.” Bernhardt later remarked, “I’m appalled by those who did nothing to help this woman. Anybody that was on that train has to look in the mirror and ask why they didn’t intervene or why they didn’t do something. It speaks to where we are in society and who would allow something like that to take place. So it's troubling.” The assault lasted about eight minutes and none of the other passengers intervened, SEPTA spokesman Andrew Busch informed.

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Speaking about charging the passengers, a spokesperson from Delaware County District Attorney's Office said, "It's still an open investigation, but there is no expectation at this time that we will charge passengers." At the same time, Delaware County DA Jack Stollsteimer has sided with the prosecutors and urged witnesses to come forward by themselves, instead of fearing criminal charges. "Pennsylvania law does not allow for the prosecution of a passenger who may have witnessed a crime," he stated.

Meanwhile, Fiston Ngoy told police that he recognized the woman on the train and approached her to start a conversation and that their encounter was consensual. The victim told the police that his account was completely false. Ngoy was charged with rape, sexual assault, and aggravated indecent assault without consent, among other crimes. Security video is said to show her repeatedly pushing him away as he groped her breasts.

“Throughout this time, the victim is obviously struggling with keeping him off of her,” investigators wrote in an affidavit. Authorities said Ngoy was homeless and was not armed during the attack.