You see a woman being dragged down a deserted staircase in a subway station, fighting off a rapist and screaming for help - do you:
a) immediately run to help her, possibly at your peril
b) call the cops from the safety of your subway booth and consider it a job well done
Well, a New York judge has recently tossed out a lawsuit by the rape victim who claimed that two subway employees did nothing more to stop her rape than just calling the cops from the safety of their posts:
A conductor saw the rape from the window on his train, and a station agent in the booth witnessed a screaming woman being dragged down a staircase inside the desolate 21st Street station of the G line. But neither one left the safety of their assigned posts to help her. Instead, conductor Harmodio Cruz and agent John Koort called the command center to summon cops.
Justice Kevin Kerrigan ruled the two workers had taken "prompt and decisive action in obtaining police help," according to the decision handed down in Queens Supreme Court. The help came far too late for the victim, who was raped on the platform.
Her lawyer, Marc Albert, called Kerrigan's decision "offensive," saying it gives "blanket immunity" for transit workers to ignore straphangers in peril. "Simply pressing the button is enough," lamented Albert. "God forbid citizens are put in a position where municipal workers are not required to act and it leads to harm -- they are left out in the cold."
Link - via The Zeray Gazette
What do you think: was it cowardice or just being sensibe?
(Photo: Catherine Nance)
I would be haunted by it the rest of my life if I was one of those guys and felt it wasn't safe to act. Rape is a horrific thing. A cop at least is armed, has training, and can call for back up, but even a cop wouldn't go charging in blindly...
But as MEN and human beings -- they have failed miserably and should be ashamed.
As "men"? Men are somehow required to respond?
BOTH employees would have been FIRED if they had gotten involved physically.
We see this All the time where employees of McDonalds, Liquor stores, or as above teachers are fired for preventing crimes.
The real cowards are the employers and the insurance companies.
SERIOUSLY Neatorama, you need to stop posting this kind of thing if you can't step back and look at it from a worker's point of view. You are doing no one any good by promoting FALSE CHOICES and you have been doing it for a long time now.
Whether it's in your job description or not, if another human being is in danger and you have a chance of stopping it, if you're any kind of decent person at all, you do what you can to help. And in many cases, you don't even have to physically fend off an attacker, just making it known that you're there and you see them and you're prepared to stop them and that the police are on their way is enough to scare off the criminal. Not even trying is sick.
Those two should be locked up as accessories to the crime. If you do absolutely nothing when you see a crime, especially a violent crime, in progress, you're actively helping it happen and should be held responsible,too.
Yes, as MEN we are the protectors and required to respond. The reason this country is going down the tubes so fast is because real MEN are few and far between. A real MAN would have responded by kicking the rapist in the teeth a few hundred times and then helped the woman to her feet and called for medical help. Only a coward would have just sat and watched.
They should be fired and held somewhat responsible for that woman's harm.
@AndrewW That's school and a lot different. School does very little to teach you how to deal with the real world. Besides, fighting is not rape. If I saw two people fighting on the street, I would probably just call police.
Sorry for the rant. This subject bothers me because my wife was raped before we were together and no one came to her aid even though there were people that heard the whole thing and could have done something.
Part of the dilemma is that there's a difference in what is legal (or what your employee handbook said you should do) and what most people is considered a moral obligation.
Does your obligation to help ends at a phone call? Do you even have an obligation to help in the first place?
Then blame the government - they've enabled the lawyers.
TOTAL COWARDS!!!
@I_Iz_Hope - Well said!!
I wonder if they even thought to themselves, what if that happened to their sister/mother/daughter/spouse....would they still have just sat there??? This story angers me. Rape is more and more thought of not such a big deal, but it is!! Its disgusting, violating, immature, and senseless. And all those who sit back and not do anything about are just as guilty!
We can't know for sure, but it seems likely that a rapist wouldn't as easily complete his crime with that kind of audience. If he sees that the station employees aren't going to budge from their compartments, he probably feels he has time to carry on being a rabid piece of excrement.
Sure, you can't punish the attendants for doing the least, but come on now. I sincerely hope that if I am ever threatened with one of the most devastating violations in existence, people nearby would do more than this.
And I don't know about the "men as protectors" issue, but I know that as a Person, if I saw this going down, my throat and my hands would still be sore from screaming bloody murder and gripping my car keys like weapons, ready to roll.
Rapists are cowards beneath their desire to victimize and dehumanize. They don't like a challenge. Even one extra person on the scene, one more witness, one more person protesting, usually prevents such horror.
I just can't imagine the numbness required NOT to exit the booth and at least make a scene so that a fellow human isn't profoundly harmed. Incredibly sad.
IMHO, the rapist deserved to be shot, ala Charles Bronson. These day's though we send samaritans to jail and rapists to treatment. This is what you get.
And robbery does not even remotely compare to rape.
As “men”? Men are somehow required to respond?]
Aren't they?
Even police officers and military personnel are instructed to rationally assess the situation and then take the most sensible approach within their current capabilities – and that's part of why they're much better trained to deal with situations like these than the average passer-by.
Well unless you are there in that situation, you will never know. Sure, it would have been the right thing to do morally to do more than call the cops, but what is the right thing? What if this guy (or any guy in similar situations) was over six feet tall, 250 pounds of rippling muscle, or even armed with a sharp knife or gun? What then?
This isn't really a unique psychological situation, where 'outsiders' always cast judgement after these sorts of incidents. They think, why I would have done something, these people are cowards, etc. etc. Happens all the time.
I would hope to do the right thing myself if god forbid something like this happens. But at the same time words on computer screens are just that, words.
I've heard of cases where a bystander helps someone, and then gets sued for not helping them 'correctly'.
Now you can get sued for NOT helping someone? So, if basically, you can get sued if you do OR don't help, if you happen to be nearby. That's rather bothersome.
I doubt that the train conductor could rationally have stopped the train - that risks the next train down the line, risks the patrons in the train, and in any case the Conductor now has to get out of the train, run down the tracks, and come back up to deal with the situation? He did the right thing by immediately reporting the situation.
I also question what he could see as the conductor. Those trains open, close, and move, as shown by the fact it took almost no time for her to miss her previous stop. The conductor may have heard a scream but been moving already.
The attendant though. Clearly the sensible thing was to hit the alarm, which he did. But I wonder how he could have sat in his booth while a screaming woman is raped in his station. That would give me nightmares.
But it doesn't rise to a legal situation. You can't sue random bystanders for not helping you. And an employee is still a random bystander, unless they're hired to protect the riders.
The lady might have sued the subway system for not having security at empty stations at 2am.
Without laying any blame on her for being raped (and I truely don't mean to), I do wonder what a woman is doing riding a subway system at 2am without mace or a stun gun or a cell phone or something. I doubt this is the first time she's ridden the subway... there's a level of common sense missing there.
Personally, I quite like my life. There are situations where I'd help strangers, situations which I understand and am trained to deal with. Violent confrontations, with an unknown and possibly armed assailant, are not one of them. I didn't sign up to be everybody's bodyguard and to take bullets for you all just because I was born with a Y chromosome.
There was a case in Denver, quite a while back where a woman came to the aid of someone who was being attacked (forget the specifics), and she got shot and was paralyzed from the waist down after that.
Seems like quite alot to ask of bystanders.
I believe the police would advise you to just call them.
Common sense? One in three women will be sexually assaulted in her lifetime. I'd love to be able to leave my vagina at home when I go out, but that's not an option and likewise, going through life gearing all my behavior toward the everpresent threat of rape is no real life at all.
Sure, trust in god but tie your camel, but also, the behavior that needs adjustment is ultimately that of society and the victimizers. I don't argue that mace isn't a good idea, but really, it's not useful in the least to muse about this woman's choices, since they basically involved existing while having genitals.
And although it's easy to excuse your own ambivalence with the projection that most who claim they'd help more significantly have never actually been called upon to test that assertion, I'll volunteer that I HAVE been in just such a situation.
Walking past an alley in D.C., saw a woman being assaulted. Screamed like a banshee, grabbed a passerby and ordered them to go for a payphone (no cells then), stayed in the relative light of the street lamp, and threw my shoe at his head. Then the other one. Couldn't think of anything else to do, but at that moment my instincts somehow found a balance between a healthy fear of death and a human urgency to help. I don't in any way think this is going above and beyond the call of duty. I think it's the natural and correct course.
And the man exited the woman and ran because I assume he could see it was no longer a situation where he had the advantage and the safety of being ignored.
Doing a little more seems to have an exponentially greater effect in these instances, and that's an important point. I'm not now and have not argued that one should jump on the guy's back. But there is a middle ground that can really make a difference.
You can defend doing the least. I'd rather be at marginally more risk by doing a little more and potentially preventing something horrific.
a woman is being raped, the rapist may have a weapon, the transit employees have no weapons. from a police perspective, i'm not sure i'd want untrained transit employees putting themselves into danger.
maybe the employees get shot. now when i arrive on the scene there's a raped woman AND a shot transit employee.
maybe in attempting to intervene, they escalate the situation and the rapist ends up killing the woman.
once the transit employees make the decision to get involved, not all of the outcomes are good for them OR the woman being raped.
it makes me wonder if there wasn't police testimony to the effect of "we see what usually happens when untrained individuals try to get involved in this kind of thing, and the results are often ugly".
Claims that men specifically should risk their lives for strangers aren't fair. Women should be equally accountable. The Women's Rights movement was to get women more power and therefore responsibility. This also means that men have less.
It comes down to risk vs reward. Men have less reward so they take less risk. If you want otherwise then you need stupider men.
First, the station agent DIDN'T call the cops. He called the command post to get THEM to call the cops. Crucial moments could have been lost that way -- it's likely many moments, if you know the MTA...
Secondly, the station agent could have yelled loudly from inside the booth or used the intercom to say the cops were on the way -- and remained perfectly safe.
@rkolter #28: The conductor could certainly have stopped the train. Other trains along the line might have been forced to stop and wait as well, but that inconvenience seems comparatively trivial. A train stopped in the station would have meant witnesses. The perp might have been caught and apprehended if there had been witnesses.
And yes, of course a conductor can see someone who is being raped on a station platform. That's hard to miss. And he did see it, because he also called his command post.
By the way, the victim wasn't drunk or sleeping. She was on her way to her sick boyfriend's apartment, and she missed her stop because she was engaged in an altercation with the man who started touching her feet on the train -- then followed her off the train and raped her.
Do you not see the irony in hoping someone gets hurt just because they didn't put themselves in harms way to protect someone else?
And was there no one else on the platform?? I'm supposed to believe that there was no one else anywhere around who could have done something other than the attendant and the conductor. Seriously? Why doesn't she sue some of those douches who did absolutely nothing instead of the guys who called for help??
I would've done the same thing. Maybe scream at the rapist saying that I called the cops, or just to distract him or something, but how on earth do we know what we would do if put in to a situation like that.
Sure we can sit here and say we'd go in guns a blazin to save the day, but I'm sure most of us would do the same exact thing as those guys.
Indeed it is psychologically 'normal' for people to always say, oh, I would have done more, etc. etc. The reason is, they are in effect trying to force out the very thought that they too might not have acted like some action hero. They want to reassure themselves, thinking, but I'm a good person, I'm no coward, I would do more.
Yet time and time again bystanders have done nothing.
Kitty Genovese anyone?
How about that old guy who was struck by multiple cars and people stood around and walked by and no one did a thing. What about the baby in California who was being stomped to death by his insane father on a highway. Dozens of eyewitnesses just stood there and watched and did nothing, one of the bystanders a fire chief (the only person who reacted was a cop who shot and killed the guy).
What about the greyhound bus guy? While the guy was being stabbed to death, everyone was screaming and running away, not running to help like Steven Segal. Everyone was practically stampeding to get off the bus, and eyewitnesses afterwards were claiming the guy was over six foot, bald, and some huge maniac (the killer was five foot nine, of medium build, and not bald).
Indeed it has been proven time and time again most people will do absolutely nothing in these situations. If you Bruce Willis' out there personally experienced a situation where people were screaming, there was gunfire, a stabbing, blood and gore, unless you are there, then you don't know. Period.
But I figured, not everyone has a lionheart.
I think the two untrained railway workers trying to apprehend the rapist could have inflamed the situation, and there could have been three murders. Would you trust a dude who blatantly rapes a woman in a trains station to not be carrying a gun?
That's not to say those two guys won't feel bad about what happened. I would. But who would feed my family if I got shot trying to do someone else's dangerous job that I'm untrained for?
I side with the booth people. What if the rapist had a knife/gun? When the attendant moves in, the rapist kills the victim, flees, and the attendant is widely cricized and sued by the victims family for taking the law into his own hands instead of waiting for trained policeman.
Im just saying, it always, always goes both ways.
I have been in a situation similar to the dilemma faced by the booth operators. While it was nothing as horrific as rape - it was two students having a knockdown drag out, teeth flying fight. I ran and broke up the fight, got punched in the process and held them apart, while they were still swinging, until school authorities showed up.
I broke protocol. I was admonished for my actions. I was threatened to be put on temporary leave.
According to the rules, I was supposed to sit there and watch the fight.
But the "I cant sit here and let this happen" made me break it up.
I was told that I could be liable for any injuries to the students I pulled apart.
I countered with "I could have been asked by a court "why did you just sit there and do nothing?"
Damned if you do, damned if you don't.
People are quick to criticize over a situation that they have not experience themselves.
I had the advantage of surprising the assailant, and I was fortunately in better shape than he was. I was lucky enough to succeed and leave with only a few scrapes and bruises. In retrospect, what I did was foolish -- he could have had a gun or there could have been others.
All the same, I know that I felt morally obligated as a human being to stop something so reprehensible. I felt personally obligated, as a man whose fiance has been a victim. Call it what you will, but I would never be able to look myself in the mirror if I'd acted otherwise.
As for those railway employees, they may not have had the "luck" I had. We don't know how fit they were relative to the assailant. The assailant might have been armed. They certainly would've lost their jobs, and possibly even their lives. They may have families to support. There was no way for them to win.
All the same... I can't think of a job that I wouldn't give up in a heartbeat to stop such a monstrous crime.
Its sad, though, that the rape victim couldn't possibly have had a firearm with her. Even if there was a chance she might have had a 38 special in her purse, a rapist might well have been deterred. The lawmakers, the police, the anti-gun lobbyists and the courts conspired to make her a statistic.... now they can go be "tough on crime" some more.
I mean, I hope that they are decent enough people that they will have to live with guilt for not having done more, but truth be told, they didn't do anything wrong. Would you risk your life to save someone if you had kids at home, or a family to feed?
They are subway employees. They are not cops, or firefighters, or trained assassins or karate masters. They called who they had to call, and if the police had arrived sooner, they probably would be heroes.
Also, by saying it's the woman's fault because she was "alone in a risky area", we all acquiesce our rights to public spaces to the criminals. Crime is territorial. Law-abiding citizens, men, women, and children should have the right to feel safe in any public space at any hour. But how much we value that right depends on how much we're prepared to defend it.
Take a good look around the world you live in and think on how much of what should be safe, communal spaces are "owned" by criminal intent. That woman has more right to that "risky area" than the rapist, by far. And in these economic times, who's to say she's not someone holding down two jobs to make ends meet, or feed a family?
Next time you see transit workers in danger, remember the rules. Call it in, and call it a day.
Announcement: there are lots of angles to this situation, and only one of them involves some bizarro fantasy scenario of trying a roundhouse on a rapey devil and being slaughtered unceremoniously on the subway platform, thereby leaving behind a gaggle of weeping progeny. Get a grip.
@iRonnie: Your thoughtful comments notwithstanding, please don't dignify the pathetic trollery by granting it your energy. To acknowledge those opinions is to treat them as even marginally worthy of discourse, which they are not.
If for nothing else, consider the key almost every one of clings to in our day-to-day life and ask yourself why it is that we all lock ourselves in at night. What's worse, being jailed by others, or jailing ourselves?
What's not worth the energy is all the vitriol and anger that always has, and always will lead nowhere. The only person who has the right to be angry in all this is the woman who was a) raped, and b) raped, both actively and passively, by these prime specimens of what is becoming more and more a society of impotent humanity.
What is worth the energy is fumigating that "risky area" of its criminal intent and restoring it as public space for law-abiding men, women, children, and yes, even transit workers. It's utterly absurd that people should fear their place of work to this degree, and it's absurd that the employees themselves see nothing so wrong with it that a) a few rules won't fix, and b) don't apply in kind when they might themselves similar dire straits.
Rules help us ignore the roaches ultimately at our own expense - be it on a subway platform, or in a forum. But more immediately, it helps us ignore the roaches...at the rape victim's expense.
In this case, the rules are the "higher authority" that absolved the two subway workers, and more importantly - the MTA, from any direct responsibility for this woman, or anyone else for that matter. The rules also the signal to criminals that they can do as they please, when they please, and where they please, without immediate interference.
There's something drastically wrong when the rules are designed to value job security over another person's life. But so long as "the rules" tell us it's okay to "dial it in", we're all "safe".
Based solely on the scant info from the article, remember...If you can call the witnesses cowards for not intervening, how should you react to someone on their hands and knees licking your feet? Seems like a singularly vulnerable position to me...
This is why carrying a gun and having training for self-defense is a good thing, since the rapist would have a coffin or hospital stay. The cops will arrive generally too late to help your sorry ass, since they are few compared to the rest of the world.
Whether or not those guys are cowards, I think it's wrong to sue them and the MTA. What if the judge hadn't thrown it out? These guys and the MTA owe this woman money cause someone else raped her? Might as well sue the entire city for letting rapists walk the street at all.
To bad the woman got raped, I don't think you should get paid for that though.
this is after all NYC and a transit employees see many many things. for all we know, (not knowing what was called in) they could have seen it as an altercation between two drunks or a couple or any any number of things.
the reaction required or suggested varies significantly knowing, if the situation was "grey" or "black" or "white" meaning if they knew what was going on.
the clear assumption is that regardless of what happened it didn't happen right infront of the station agent's office space right? without knowing the facts, it's impossible to predict if the situation was cowardice, or reasonable.
those who would see the situation as a place to interject regardless of whether or not it was altercation between 2 people who know each other, or truly a situation where one person is in danger. Must realize that in NYC you don't look, you don't ask questions, you keep to yourself. hence knowing where these employees are residents of and are working and what they see day to day, they followed standard procedure.
where they will probably never forget this situation and always ask more questions is to realize, that though normally it may not be anything so harmful, there are times where it is truly as bad as your imagination could make it.
However, I am no idiot and as other commentators have said, why not shout at a distance - scare the **** away, for they must be a coward of sorts.
In life sometimes you have to take that step into the unknown. What if its your wife/sister etc...
That all said, can we have more posts of kittens and things now. I come here to escape the nasty stuff in the world.
Oh, but if they catch the guy, let us know.
However... I am not one who has much faith at all, and what little I have certainly is not placed within the notion that the law, by virtue of being law, is "right". The workers may have been protecting themselves, but they failed to protect another human being and thus failed as human beings themselves.
I have a slightly different view from today's seemingly meek individuals. If I see any sort of undefined commotion that I cannot identify as playful, violent, or friendly, I immediately make my presence known and step into the confrontation. Of course, I also think that my life is best served to others than to myself.
I am sure I do not have all of the facts, and I might view these workers differently in a detailed discussion of the matter, but I will most likely find some annoyance in the lack of bravery and bravado.
On your second thought, I totally agree and I hadn't really thought much about the idea of authority as a psychological get-out-of-thinking free card. It's a really strong point, related but very different from the psychological process of assuming/pretending that "someone else" will call the cops/intervene. All these little mental tricks that allow us to keep walking, slightly sleepy, and hush the struggling little part that would engage critical moments with the awareness and authentic reaction they deserve.
You have to be careful with all this 'there ought to be a law' crap. It goes too far, people overreact.
Every bad decision cannot be made illegal in order for it to never happen again, nor should it be.
There is another 'law' that these people should be subject to and that is morality. Society will punish these people if it feels that what they have done is wrong, or at least, it should be.
The power of society's ruling can be much stronger in affecting people's decisions and morals than being held responsible by a legal system.
And this is as it should be.
An event like this strengthens our morality.
People come together on forum to discuss the topic, to pass judgment and berate the guilty.
As far as answering the question above, I do not believe I have enough information from this article to decide that.
If the attacker had a gun and you risk being shot, would all the cowboys in the room still run 100 feet towards the attacker giving him ample chance to shoot you?
Maybe that's another question. How far does your personal moral duty extend?
But any person should do more than just stand by. It's easy to say "I was just doing my job" - that's what they said at the concentration camp in WW2.
People are afraid of being attacked themselves if they help, sued for helping, sued for not helping, and more. It was great that both workers called police, but it would have been even better if the two workers could muster up the courage, grab a tool, and chase off the rapist together (if they knew of the other person's presence).
Me, I would have gone after the guy. Even if it was just me, the person being raped would be an ally and might help for fear of their life. Even if not, I couldn't live with myself after knowing what happened to Kitty.
1. It is illegal to carry mace in New York City.
2. Yes, many train stations are actually pretty empty around 2 a.m. Even Time Square.
3. Here's a funny thing I learned, leaving my job, which is in Time Square--OH, AT 2 a.m. I am a young woman. The train station is often pretty empty--and it's one of the busiest stations in the city. Many retail stores actually close at midnight and employees leave sometime after. Many employees clean up the store. This means it's not so crazy for a woman working part time to be on a train at 2 a.m.
That's only one of the many reasons a woman would be on a train that late in New York City. It's neither shocking nor surprising.
Just thought some of you should know.
And still, some say pepper spray is legal but mace is not.
Do you have jujitsu moves or whatever? Probably not, but that isn't the point. Do you do any good? By not leaving someone alone in a moment like that you'll do more good in one act than most people get to do in a lifetime. You don't look opportunities like that in the mouth first.
If we want to live in a free society we have to accept the responsibilities of that freedom.
When an existential threat to your nation arises, you fight it. When a neighbor is in a struggle for her life, you defend it. And on and on. That is a big part of what it means to have integrity. Without that integrity we can't be free, and we don't really deserve the freedom happenstance has gifted us.
Thanks for the info, clears up the questions I had.
All you whiners saying the employees would lose their jobs for acting, I say "Who cares?!" Any employer would hire a guy like that in a heartbeat.
The solution is simple: Draw your gun, aim it at the guy's head and tell him not to move or you'll kill him. Then if he moves, F*CKING KILL HIM!!!
All you pansies in NY & places like that need to take back your rights & then take back your city.