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Subway Workers Who Witnessed Rape Not Liable

Calling cops as woman was assaulted sufficient, judge rules

By Harry Kimball,  Newser Staff

Posted Apr 1, 2009 12:32 PM CDT
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(Newser) – A woman raped in the New York City subway while MTA employees looked on will get no relief from the courts, the New York Post reports. Both a conductor and a station agent saw the woman being assaulted in 2005; they called police and did nothing more. A judge today threw out the woman’s suit against them and their employer, saying they took “prompt and decisive action in obtaining police help.”

Police arrived 10 minutes after being summoned, but it was too late: The woman had been raped, and the attacker had fled. He has not been found. Her attorney called the ruling “offensive” and said it gives “blanket immunity” to transit workers. “God forbid citizens are put in a position where municipal workers are not required to act and it leads to harm," he said. “They are left out in the cold.”

An afternoon rush hour commuter covers her ears as an express train passes.
An afternoon rush hour commuter covers her ears as an express train passes.   (AP Photo)
Subway riders sits next to graffiti-marked windows on the F train in New York.
Subway riders sits next to graffiti-marked windows on the F train in New York.   (AP Photo)
A New York police officer walks down stairs toward a subway platform.
A New York police officer walks down stairs toward a subway platform.   (AP Photo)
A New York police officer rides a subway train.
A New York police officer rides a subway train.   (AP Photo)
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COMMENTS
Showing 3 of 3 comments
Shannonals
Apr 3, 2009 7:09 AM CDT
You know, I understand the Judges ruling, but the MTA employees could have at least obtained the man's identification, (your not telling me not one person didn't have a cell phone with a camera), and aren't their security camers in subways
AClotfelter
Apr 1, 2009 6:57 AM CDT
If a transit cop watched this go down, that would be one thing, but in that situation the emplyees were just regular civilians...
Blackbird
Apr 1, 2009 5:45 AM CDT
It's nice to see a judge rule rationally. You cannot expect a conductor to put his/her life on the line...

 
crime • rape • judge • lawsuit • MTA • New York City Subway • transit workers

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