A 35-year-old man arrested for raping a woman on board a public train in northeast Philadelphia as other passengers watched and appeared to film the attack has told police the encounter was consensual - despite the woman saying she had never met him before.
Fiston Ngoy, who gave his address as a homeless shelter in Philadelphia, was seen on surveillance footage sexually assaulting a woman on Wednesday night.
The attack happened on board a Southeastern Pennsylvania Transportation Authority (SEPTA) train towards the town of Upper Darby.
Ngoy told police that he recognized the woman and went over to speak to her, according to the affidavit of probable cause for his arrest, obtained by The Philadelphia Inquirer.
But she said that she had never seen Ngoy before he sat next to her, and then attacked her.
Fiston Ngoy was arrested for raping and assault a woman aboard a Pennsylvania Transportation Authority train on Wednesday night
The alleged victim told police she remembered getting on the train and then nothing until the cops pulled her assailant off her. She said she had had several beers after work, and got on the wrong train when Ngoy approached her.
She repeatedly pushed Ngoy away, as he attempted to touch her and at one point grabbed her breast, the video showed.
'Throughout this time, the victim is obviously struggling with keeping him off of her,' investigators wrote in the affidavit.
Upper Darby Police Superintendent Timothy Bernhardt said that while there were other people on the train, it was ultimately a SEPTA employee who made the call to 911, which allowed officers to arrest Ngoy on the spot.
'It's disturbing that there were definitely people on the L, and no one intervened or did anything to help this woman out,' Bernhardt told NBC 10.
Other passengers reacted by getting out their smartphones and pointing them at the pair, The Philadelphia Inquirer reported.
'I have no words for it. I just can't imagine seeing what you were seeing through your own eyes and seeing what this woman was going through that no one would step in and help her.'
Upper Darby Police Superintendent Timothy Bernhardt said it was disturbing that no passengers called 911 as they witnessed the victim being raped
The victim was transported to a nearby hospital, where she was treated for her injuries following the assault.
The Upper Darby Police Department is reviewing the footage of the attack to determine who was there in order to interview them as witnesses.
SEPTA issued a statement following the assault, calling it a 'horrific act.'
The assault took place in Northeast Philadelphia aboard a SEPTA train
'The assault was observed by a SEPTA employee, who called 911, enabling SEPTA officers to respond immediately and apprehend the suspect in the act,' said SEPTA spokesman Andrew Busch.
'There were other people on the train who witnessed this horrific act, and it may have been stopped sooner if a rider called 911.
'SEPTA urges anyone who observes a crime being committed or any dangerous situation occurring to report it. Anyone witnessing an emergency should immediately call 911.'
Ngoy was charged with rape and assault.
He remains in jail unable to post bail, NBC 10 reports.
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