Judge Throws Out Subway Rape Case

Remember the young woman in NYC who was raped by a man on a subway platform and sued the MTA and the two employees who essentially sat by (after calling the command center) while she was raped? Well, I just read that the judge has thrown out the suit.

scalejustice“In a nine-page ruling, Queens Supreme Court Justice Kevin Kerrigan concluded a token clerk and a subway conductor had no responsibility to intervene and were following work rules by not confronting the rapist.”

Meanwhile the attacker has never been caught. Surveillance video failed to capture the attack.

The woman who was raped is understandably devastated and she has 30 days to decide whether to appeal the judge’s decision.

It is difficult to say if any of us would have acted any differently had we been the MTA workers, especially if they were following company protocol. But at the same time, I have a hard time not feeling appalled and outraged that they knew this was occurring but they only did the bare minimum to stop it.  I really wish the outcome could have been different.

It’s Sexual Assault Awareness & Prevention Month right now, and while people are much more likely to be sexually assaulted by someone they know, these types of random attacks happen too. At the very least, MTA may want to rethink their procedure and/or protocol for when assaults do occur so that they can respond better to literal cries for help… And maybe if she appeals and gets to have a lawsuit, they will HAVE to rethink it.

2 Responses to Judge Throws Out Subway Rape Case

  1. I live in Queens and I find this to be so horrible. My niece and I were on the subway yesterday and this guy stood straight across from us watching us the whole time and trying to look up my dress as I was sitting and he had a good view, but happily I had shorts on underneath so I hope he got his thrills on shorts. Still it is unnerving. I can’t even imagine being raped in the station. I am outraged!

  2. This is another example of the failed criminal and civil legal system. This is just another slap in the face; I pray my daughter lives in better times in the future.

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