SEPTA Sex Assault Witnesses Won't Be Prosecuted: Delco DA

DELAWARE COUNTY, PA — Delaware County District Attorney Jack Stollsteimer Wednesday said passengers who witnessed the alleged rape of a woman on a SEPTA train will not be prosecuted if they come forward.

Stollsteimer is urging witnesses to share details with authorities about the Oct. 13 incident on SEPTA's Market-Frankford line.

Don't miss local news updates, sign up for free Patch emails: https://patch.com/subscribe

Fiston Ngoy, 35, has been charged with rape, indecent assault, sexual assault and other related crimes in connection with the incident after being taken into custody by Upper Darby Police at 69th Street Station.

"In accordance with my oath and duty, I will focus the efforts of my office on holding the perpetrator accountable," Stollsteimer said. "While I share the public’s outrage that such a heinous crime could occur on a public SEPTA train, I want to reiterate that Pennsylvania law does not allow for the prosecution of a passenger who may have witnessed a crime."

He went on to say passengers who may have seen the attack should not fear prosecution.

"You are encouraged to come forward to share information with law enforcement," he said.

Some passengers on the train are alleged to have filmed the incident on their phones rather than contacting authorities.

The only person who did so was an off-duty SEPTA worker.

Both Ngoy and the victim boarded the train at the same stop. Ngoy sat next to the women and tried to have a conversation with her, but things slowly became aggressive and violent, reports state.

Upper Darby Police Supervisor Tim Bernhardt called the victim an "unbelievably strong woman" who is recovering from the attack.

However, Bernhardt had harsh words for SEPTA riders who did nothing to prevent the incident.

"There were a lot of people, in my opinion, that should have intervened," Bernhardt said. "Somebody should have done something, it speaks to where we are in society, who would allow something like that to take place?"

Ngoy is being held at the George W. Hill Correctional Facility on 10 percent of $180,000 bail.

His preliminary hearing is scheduled for Oct. 25, court records show.