WRENTHAM, Mass. - An Uber driver is being accused of raping his passenger shortly before dropping her off at her destination.
Melvin Guerrero-Encarna, 33, was arraigned in Wrentham District Court Tuesday afternoon on two counts of rape.
According to the police report, Guerrero Encarna picked up the victim just after 2:30 a.m. Sunday morning on April 28 from a party at the Claremont Condos on King Street in Franklin.
The victim tells police she told the driver she was drunk when she got into the vehicle, she says the driver pulled down a private road and climbed into the back seat.
"The driver then forced himself on her and also felt as if she was ‘beat up,'" the police report stated.
NOW AT 5: An @Uber driver is being accused of raping a passenger last month. Police say the 33-year-old #Lynn man picked up a woman from a party and had less than 4 miles to her destination, but records show the trip lasted more than an hour @boston25— Julie Leonardi (@JulieLeonardiTV) May 7, 2019
Guerrero-Encara’s attorney says his client remained in the front seat the entire time.
"There was no assault here, I think the facts will bear out that there’s a predator in this case and it’s not the man behind bars," attorney Robert Carmel Montes said.
Driving records from the app show the three-mile trip lasted an hour. The defendant's attorney says the two were talking.
The victim told police she was in and out of a black-out state during the ride.
"She left him her phone number at the very end of the return trip," Carmel-Montes said.
The driver's family did not want to comment on camera.
Uber has since removed him. The ride-share company just recently rolled out a new set of safety measures to protect riders.
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