A night out at a downtown Plymouth bar took a dark turn early Sunday morning, leading to the arrest of a 21-year-old man who now faces deportation. Luan Lucas De Souza Goncalves was apprehended and charged with rape and indecent assault and battery following an alleged incident that occurred near the Main Street Sports Bar and Grill.
Goncalves pleaded not guilty in Plymouth District Court on Monday and is currently held on $1,000 bail. Adding another layer of complexity to the case, he is now in the custody of U.S. Immigration and Customs Enforcement (ICE) at the Plymouth County Correctional Facility. This development raises questions about his future in the United States, especially considering a previous ruling by a Plymouth County probate judge earlier this year. The judge had determined that Goncalves should not be deported to Brazil, his country of origin, due to past neglect and abandonment by his father. However, it remains unclear whether immigration authorities recognized this ruling and granted him special status.
The events that unfolded early Sunday morning are sharply contested. Plymouth police reports reveal starkly contrasting accounts from De Souza Goncalves and the alleged victim, whose identity is being protected. She claims she was raped, while he maintains their encounter was consensual.
Police were on patrol in downtown Plymouth around 1:20 a.m. when they were alerted to a disturbance on Middle Street, adjacent to the Main Street Sports Bar and Grill’s side entrance. Officers reported finding a man yelling at De Souza Goncalves, telling him to “Get away from her,” referring to the alleged victim who was in distress, “crying and hugging another female.”
As police approached the group gathered outside the bar, a male witness urgently exclaimed, “Don’t let him leave,” pointing directly at De Souza Goncalves and stating, “He just raped her.”
Officer Dylan Ralph described the woman’s emotional state as “hysterical,” noting she was “profusely crying, unable to catch her breath, visibly shaken.” Once she had composed herself, Officer Ralph inquired about what had happened.
The woman recounted that she had been socializing with friends at the Main Street Sports Bar and Grill earlier in the evening when she first met De Souza Goncalves. They engaged in conversation and exchanged Snapchat usernames. Later, they moved outside where, according to her statement, they began kissing and touching over their clothing. She admitted to initially consenting to the physical interaction but stated she subsequently changed her mind.
According to the police report, the alleged victim told De Souza Goncalves she wanted to return to her friends. However, she claimed he “ignored her and began to further advance himself onto her.” Despite verbally telling him “no” repeatedly, she alleged he proceeded to commit digital rape. She also reported to another officer that he had exposed his penis and attempted to make her touch it. Police reports further note that officers later observed his fly was open at the station.
In contrast, De Souza Goncalves, communicating primarily through a Portuguese translator, presented a different version of events to the police. He claimed that he and the woman engaged in consensual sexual intercourse and that he used a condom.
“I asked Mr. De Souza Goncalves if she ever said she wanted to stop or said no to anything he did; he stated she did not,” the police report details.
During an interview at police headquarters, aided by a Portuguese translator, De Souza Goncalves explained his evening. He stated he finished work at a local restaurant and initially visited Proof 22 restaurant before crossing the street to the Main Street Sports Bar and Grill around midnight.
He told police that he and the woman connected and kissed inside the bar. They then moved to the parking lot located behind the bar where they continued kissing and he touched her body, as per his account in the police report. Following this, they had sex, he stated.
“Mr. De Souza Goncalves stated the entire interaction was fully consensual and at no point did (the alleged victim) tell him to stop or acted as if she did not want to engage with him,” police wrote.
He further told police that after the encounter, they both helped each other get dressed and walked back through the parking lot. It was then he noticed she began to cry and “it appeared something had gone wrong,” according to his statement to the police.
The alleged victim was transported to Beth Israel Deaconess Hospital-Plymouth where medical professionals collected evidence related to a possible sexual assault, as documented in the police report.
On Sunday, a Plymouth District Court clerk found sufficient probable cause to charge De Souza Goncalves with rape and indecent assault and battery on a person over the age of 14.
Judge Shelby Smith of Plymouth District Court presided over De Souza Goncalves’ arraignment on Monday. Judge Smith ruled that if Goncalves is able to post bail, he will be subject to electronic monitoring and a 10 p.m. curfew. Furthermore, he was ordered to stay away from the Main Street Sports Bar and Grill and the alleged victim’s residence.
His next court appearance is scheduled for a probable cause hearing on December 20.
Earlier this year, in February, De Souza Goncalves had sought legal recourse to remain in the country, petitioning a judge to declare him a juvenile “dependent” of the court and other state agencies.
Plymouth County Probate Judge Kevin Connelly ruled in February that returning De Souza Goncalves, then 20 years old, to his father’s care was not “a viable option” due to documented neglect and abandonment. This ruling potentially paved the way for De Souza Goncalves to apply for “special immigrant juvenile status,” which, if approved by immigration authorities, could lead to permanent residency. Applicants must be under 21 years old when applying for this special status.
However, it remains uncertain whether he has been granted this special immigrant juvenile status.
“We cannot provide you any information due to confidentiality reasons,” his immigration lawyer, Ludovino Gardini, stated in an email. Criminal lawyer Mark Byron, representing De Souza Goncalves, did not respond to requests for comment.
An ICE spokeswoman declined to comment on De Souza Goncalves’ specific legal status but emphasized that the agency has the authority to detain and deport any non-citizen who commits a crime, irrespective of special immigrant juvenile designation.
“U.S. Immigration and Customs Enforcement has the authority to detain and deport noncitizens who engage in criminal activities, pose a threat to public safety, or violate the terms of their visas,” spokeswoman Yolanda Choates stated.
She further explained that decisions regarding detention and deportation are made on a case-by-case basis and are subject to review by an immigration judge to determine if removal from the country is warranted.
Court records indicate that De Souza Goncalves has no prior criminal history.
Andrea Estes contributed to this report.
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