The man charged with raping a woman while on a train in the Philadelphia area reportedly violated his student visa and had a previous criminal record, but he was not deported, Fox News reported Monday.
Fiston Ngoy, who was arrested Oct. 13 for sexual assault on a SEPTA train, came to the United States in 2012 on a student visa, according to Fox News. Ngoy’s visa was terminated in 2015 after he “failed” to remain enrolled as a student in the country.
Court records also showed that Ngoy also had “multiple arrests and two misdemeanor convictions, one for controlled substances and one for sexual abuse,” according to Fox News. Ngoy pled guilty to the sexual abuse misdemeanor in 2017 and was sentenced to 120 days in prison.
Ngoy was supposed to be deported following his sexual abuse charges, but a judge for the Board of Immigration Appeals found that his misdemeanor sex offense was not a “serious crime,” Fox News reported. Instead, the judge placed him on a “withholding of removal” and mandated that Ngoy report to the Immigration and Customs Enforcement’s order of supervision for regular check-ins.
The 35-year-old allegedly harassed the woman for nearly one hour. None of the witnesses dialed 911 while the incident transpired, police said according to 6ABC. (RELATED: Police: Woman Raped On Train As Bystanders Did Nothing To Help Her)
The Southeastern Pennsylvania Transportation Authority told 6ABC that more than two dozen train stops passed as Ngoy harassed, groped and eventually raped the woman.
“The assault was observed by a SEPTA employee, who called 911, enabling SEPTA officers to respond immediately and apprehend the suspect in the act,” SEPTA spokesman Andrew Busch said, according to NBC 10. “There were other people on the train who witnessed this horrific act, and it may have been stopped sooner if a rider called 911.”
Train riders failed to intervene when a woman was sexually assaulted onboard @SEPTA last week. The transit agency is adamant that passengers need to speak up when they see something isn’t right. @6abc pic.twitter.com/eQsgJ9K4Pr
— Christie Ileto (@Christie_Ileto) October 18, 2021
According to Upper Darby Township Police Department superintendent Timothy Bernhardt, bystanders who failed to intervene could face criminal charges.