A Plymouth judge has set a higher bail for a man accused of raping a woman he met at a downtown bar, after prosecutors argued the $1,000 bail imposed at his arraignment would allow him to leave the country before the case is heard.
Plymouth District Court judge Shelby Smith on Friday increased bail for Luan Lucas De Souza Goncalves to $75,000.
Plymouth County Assistant District Attorney Joseph Presley, who had requested $100,000 bail, argued that De Souza Goncalves is facing an “imminent risk of being removed from the United States.
“Such a scenario would effectively halt the case indefinitely, potentially preventing any resolution for both the alleged victim and the defendant,” he wrote.
“The circumstances clearly indicate that the defendant poses a significant flight risk; without substantial bail, it is guaranteed that he will leave the United States,” Presley added.
De Souza Goncalves, 21, pleaded not guilty to rape and indecent assault and battery charges on Dec. 2. He is due back in court on Jan. 22.
The Plymouth man has been in the custody of ICE, the US Immigration and Customs Enforcement agency, at the Plymouth County Correctional Facility.
Earlier this year, a Plymouth County probate judge ruled that he should not be sent back to his native Brazil because he had been neglected and abandoned by his father.
But it’s unclear whether immigration authorities accepted the ruling and offered him a special status that allows abused children to apply for permanent residence here.
De Souza Goncalves and the alleged victim told Plymouth police vastly different stories about what happened in the early morning of Sunday, Dec. 1.
She said she was raped outside Main St. Sports Bar & Grill. He said they had consensual sex. The two had met inside the bar.
In March, Plymouth County probate judge Kevin Connelly ruled that returning the then 20-year-old De Souza Goncalves to the care of his father in Brazil was not “a viable option” because he had neglected and abandoned his son.
He found that De Souza Goncalves was dependent on the court and other state agencies for his care and protection.
With that ruling, De Souza Goncalves was eligible to seek “special immigrant juvenile status,” which if approved by immigration authorities here would allow him to apply for permanent residence. Applicants must be under 21 when they apply for this special status.
It is unclear whether he was granted “special immigrant juvenile status.”
His lawyer, Mark Byron, could not be reached for comment.
Andrea Estes can be reached at andrea@plymouthindependent.org.