Prosecutors have dropped the rape case against an Uber driver who had been charged with sexually assaulting a passenger because the woman declined to testify and DNA evidence excluded the defendant as a suspect.The Sun Chronicle reports that prosecutors dismissed the case against 33-year-old Melvin Guerrero-Encarnacion, of Lynn, "in the interest of justice."Court records indicated that his accuser refused to testify and DNA results excluded him from being the suspect, according to the report.The woman told police she was raped by an Uber driver on a secluded side street in Wrentham in the early morning hours of April 28. The woman had been at a party in Franklin.Robert Carmel-Montes, Guerrero-Encarnacion's attorney, says his client is "relieved that he has been vindicated" but fears that his reputation has suffered.Carmel-Montes sent the following statement to WCVB:"The Norfolk County District Attorney's Office unilaterally issued a 'nolle prosequi' dismissing the serious yet ultimately false charges against Mr. Melvin Guerrero-Encarnacion. Science, unlike certain accusers, always tells the truth. Mr. Guerrero-Encarnacion was vindicated by the results which corroborated his prior truthful testimony made under oath. The complainant never testified and he is confident that if she ever did, her testimony would have inevitably led to perjury charges against her."Mr. Guerrero-Encarnacion suffered irreparable harm by the reckless and malicious actions of the complainant. During this agonizing process he was falsely accused of heinous crimes, he was denied his freedom, his good name was tarnished in perpetuity, and his family had to pool considerable resources to help defend him from spurious and clearly unsupported claims. Mr. Guerrero-Encarnacion is now exploring all legal options -- both criminal and civil -- to ensure that justice if fully meted out."Carmel-Montes says his client has worked for ride-hailing companies for five years without a complaint from thousands of customers.Information from The Sun Chronicle in Attleboro.

Prosecutors have dropped the rape case against an Uber driver who had been charged with sexually assaulting a passenger because the woman declined to testify and DNA evidence excluded the defendant as a suspect.

The Sun Chronicle reports that prosecutors dismissed the case against 33-year-old Melvin Guerrero-Encarnacion, of Lynn, "in the interest of justice."


Court records indicated that his accuser refused to testify and DNA results excluded him from being the suspect, according to the report.

The woman told police she was raped by an Uber driver on a secluded side street in Wrentham in the early morning hours of April 28. The woman had been at a party in Franklin.

Robert Carmel-Montes, Guerrero-Encarnacion's attorney, says his client is "relieved that he has been vindicated" but fears that his reputation has suffered.

Carmel-Montes sent the following statement to WCVB:

"The Norfolk County District Attorney's Office unilaterally issued a 'nolle prosequi' dismissing the serious yet ultimately false charges against Mr. Melvin Guerrero-Encarnacion. Science, unlike certain accusers, always tells the truth. Mr. Guerrero-Encarnacion was vindicated by the results which corroborated his prior truthful testimony made under oath. The complainant never testified and he is confident that if she ever did, her testimony would have inevitably led to perjury charges against her.

"Mr. Guerrero-Encarnacion suffered irreparable harm by the reckless and malicious actions of the complainant. During this agonizing process he was falsely accused of heinous crimes, he was denied his freedom, his good name was tarnished in perpetuity, and his family had to pool considerable resources to help defend him from spurious and clearly unsupported claims.

Mr. Guerrero-Encarnacion is now exploring all legal options -- both criminal and civil -- to ensure that justice if fully meted out."

Carmel-Montes says his client has worked for ride-hailing companies for five years without a complaint from thousands of customers.

Information from The Sun Chronicle in Attleboro.