Train rape in the USA: Can those who watch the incident without intervention be blamed?

Question

The fact that passengers did not intervene when a woman was raped on a commuter train in Philadelphia, USA, became the subject of legal debate. The police said that instead of intervening in the incident, it is possible to blame those who videotaped with their mobile phones. An unnamed woman traveling on a commuter train in Philadelphia was attacked by 35-year-old Fiston Ngoy. No one interfered with Ngoy, who harassed the woman during the trip. While the attack, which lasted for 40 minutes, resulted in rape, the police, who were waiting at the last stop, took the suspect into custody upon the notice of the train workers. The American public, on the other hand, began to debate whether a lawsuit would be filed against those who did not call the police and recorded the moment of harassment and rape on their mobile phones. Inspector Timothy Bernhardt of Upper Darby Police said that security footage showed that there were other passengers on the train and that at least one of them "had to do something". The police did not release the security camera footage. While the rape victim woman was taken to the hospital, Fiston Ngoy, who was seen as 'homeless' in the records, was charged with rape. Ngoy told police he knew the victim but could not remember his name and the incident was "consensual". The first hearing will take place on October 25. According to court documents, Ngoy did not request a lawyer.

nightdrot · Accepted Answer

The legal dimension of the question is certainly debatable. Can those who filmed the crime be "blamed"? No they cannot. Only the rapist is "blamable" and can be so charged. However, it is possible, depending on the legal jurisdiction, that the witnesses might be charged as accessories to the crime insofar as their failure to intervene facilitated its' being perpetrated.

However, in a sense, the legal question is secondary. As what happened in this case is a reflection of larger societal issues. A culture that is wedded to - and arguably enslaved by its technology. Witnesses to a crime felt no moral obligation beyond being passive witnesses. Thus "spectacle" has replaced morality. People valued their I-phones rather than another human life.

This also begs other questions. What if a passenger had intervened against the rapist and had, in the course of that intervention, called the rapist the "N" word? What would have generated more media interest and popular outrage - the attempted rape or the use of the "N" word.

In a culture, again, where spectacle - and its close relative - moral posturing trumps justice and morality, what passenger would have wanted to take that risk. Thus not only a morally passive group of witnesses, but witnesses with every incentive to protect themselves rather than risk their own lives and reputations on behalf of another.

Indeed, it is worth noting that the man who committed the rape was an illegal immigrant who had been convicted of a previous sex crime. Yet the courts preferred - despite what the law said - to let the accused go. Then to rape another day.

The illegal immigrant gained the status of "victim," his crimes notwithstanding, and was therefore spared the consequences of the law. Suffice to say, in such a climate, had anyone intervened to stop the rapist this time, they would have been just as apt to be charged with causing bodily harm. The hero would be, mutatis mutandis, the criminal.

Thus is the culture this case illustrates. Whatever the law may say, the law and politics are downstream of culture, and thus the law facilitates the crime. It being then no surprise that the witnesses to the crime preferred to sensationalize it rather than to step in to prevent it.

This episode has put a mirror up to the face of this tech obsessed, politically correct culture. What it is reflecting back is not pretty.

Lliam · Accepted Answer

I hadn't heard about this. So it was a 40 minute ride with no stops? And not one cop or security person on the whole train? Wow. Oh, and I assume it was "gun free zone".

One problem is, if someone stepped in and wound up hurting the attacker, there's a good chance they would be charged with assault. That's how fucked up our laws are.

Still, I can't imagine people standing there taking videos and not lifting a finger to help the woman. A train full of people and nobody helped. That's fucked up. I don't think there is a law that they can be charged with breaking, though.

sage2021 · Accepted Answer

I have been in several situations in my life where someone needed my help and I helped them out, glad I did. I know for a fact if I was witnessing that woman in trouble and being raped I would have called 911. I can't even Invision someone raping someone on a commuter train full of people. How does this happen? I heard on the news that asshole had done that before and was in jail for it. He was a migrant, I mean ASSHOLE!

Agape93 · Accepted Answer

I blame each and every one of them. Far as I'm concerned, any of them could have stopped that. But no, they chose to watch her get violently raped. Far as I'm concerned, they're just as bad.

OlderAndWiser · Answer

Bystanders have no legal obligation to prevent a third person from committing an assault. I don't think they can be held accountable - in court - for not reporting the incident. Morally, they are bankrupt souls and I would not cross the street to piss on any one of them if they were on fire.

andreasderjuengere · Answer

The sad detail: I am not longer sure what an American means when he/she/it/whatever talks about rape :(
I'll assume a ''traditional rape'' here.
In a society with human values, there is such a thing as ''failure to provide assistance''.
Which means that if 'you' witness an emergency or danger, 'you' are OBLIGED (i. e. in Germany by law) to do something about it within a reasonable scope.
In this specific incident I am surprised that not one of these loud feminists, and not one of these proud gunslingers was present to interfere. This might indicate their significance and their meaningfulness.
Taking pictures and videos tops this tasteless scenario.

I once witnessed a boy harassing a girl on a bus. I grabbed him and made him leave the bus with me early; it was my stop anyway.
I am no superman; so: others could do something similar.
If I ever get to a real rape scene, I won't be worried about blood flowing. This is a promise.

007kingifrit · Answer

this is one of the many reasons i am armed. i would be overjoyed to shoot this sub human

but its tough to imagine sueing someone for witnessing a crime. and even if you do you can't change human nature. the "diffusion of responsibility" effect is well known and has millions of examples.

in the 40s a woman was stabbed to death over the course of an hour in the street and plenty of people saw kitty genevese die. nobody called the cops even though the stabber stopped. went to get something to eat. came back 30 minutes later and finished her off.

FunkyMonkee · Answer

Yeah!! Accessories!!
For at least the third time: had I been on the train, that motherfucker wouldn't have any teeth, right now!! I might've even stopmed the fuck out of his head like it was a giant ant!! Then I would've pitched a MAJOR bitch at the 10 fucking ignorant ASSHOLES that just fucking SAT THERE and did fucking NOTHING!!! YOU'VE ALL GOT A PHONE!! You can't AT LEAST call 911? Have we FINALLY devolved into a bunch of fucking Eloy?

Oigit · Answer

If they where recording it and not calling 911, yes. To me that's like recording a car fire when you see people are trapped inside the car. Your first instinct should be to call 911. Not to press the record button. Those that did call 911, even if they where told to stand by and that the police are on the way should recognized for not being shit heads.

AviatorTom · Answer

Legally they cannot be blamed. There is no law in any state in the US requiring someone to intervene in a situation. There are "good Samaritan laws" in several states that gold an individual harmless if they do intervene.

Morally, someone should have intervened. Can you blame them for not doing that? That's a hard question to answer.

msc545 · Answer

No, I would not do anything to stop it although I might possibly video it to give to police as evidence. I am not the police and I will not risk my life or well-being to stop a rape unless a child is a victim. Also, no woman would lift a finger to help me if I were being assaulted, so I am not going to help them. All those "strong independent women who don't need a man". can fend for themselves.

madgoat · Answer

They should have called the police, expressed their disapproval, but kept themselves safe.
Without doing the above, you might argue tacit approval and encouragement of the rape.
You could argue the recording was for evidence purposes. I wonder what the social context is in Philadelphia that this could happen. Perhaps it reflect deeper problems or is one of those how could this happen events that is not reflective.

dustybiker · Answer

Monstrous. To do nothing to help, but further record and do nothing stop it, earns a first class ticket to hell in my book.

goaded · Answer

I think it's disgusting that nobody interfered with the crime. I also think that video evidence of a crime (which, amazingly, some people seem so keen to record for themselves) is useful. I think that anybody who recorded it but didn't report it or provide the recordings to the police immediately should be prosecuted.

The rapist's immigration status has nothing to do with the witnesses' actions, and obviously someone reported him since he was arrested at the end station.

Gwenhwyfar · Answer

They would have to change the law through the legislative process

rcljr · Answer

Listen, not even law enforcement officers are required to intervene in a crime, they can stand by and watch you get shot, then arrest the suspect and call an ambulance for you. There’s no law saying anyone has to intercede.

Anonymous · Answer

Something about the story don't make sense. I think we need to look into her past. And yes the people who recorded it need to be charged with accessory. Or going forward the law need to be changed

anylolone · Answer

I don't think any of them can be criminally liable unless it can be shown that the recording was not meant to be evidence.

Ukrainianbuddafly · Answer

Yes they should take accountability that they allowed something like that to happen. Just awful.

zagor · Answer

It should also be noted that Ngoy was in the country ILLEGALLY having come on a student visa and then dropping out several years ago. But he was deemed "protected" from deportation.

OddBeMe · Answer

It’s not a good sign for the human race. I don’t know why they don’t prosecute them.

GoldenCage · Answer

America never cease to surprise me

noohair · Answer

Modern technology has placed an electronic barrier between humans. We have become voyeurs. We don’t live our lives anymore. We just watch.

Train rape in the USA: Can those who watch the incident without intervention be blamed?

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