MIAMI (CBSMiami) – A man accused of sexually assaulting a woman after reportedly posing as an Uber or taxi driver went before a Broward judge for a bond court hearing.

Fernando Avila Hernandez was in court with his attorney. Also there, his wife of 10 years and a brother in law.

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“Please note the charges in this case are highly disputed by us,” said defense attorney Bijan Sebastian Parwaresch.

Hernandez is accused of illegally picking up the alleged victim at Miami International airport. The woman was heading to a Miramar hotel for the night, she had an immigration hearing the next morning.
Investigators said Hernandez raped her in a parking lot in the backseat of an SUV.

“He’s denying any uncontested sexual encounter,” Parwaresch told CBS4’s Ted Scouten.

Police said the woman did not consent to sex.

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“Let’s be clear, the victim did not want this to happen. She told the suspect, the arrestee, on numerous occasions, no, take me to my hotel, take me to my hotel,” said Miramar Police Spokeswoman Tania Rues.

Hernandez’s attorney tried to tell the judge since the alleged victim is accused of entering the US without documents, she had a motive to claim she was raped.

“If a person claims that they a victim of a crime then they get immigration protection, potentially even the possibility of remaining in the United States for a long time or indefinitely,” Parwaresch said. “I think it’s clear that was her motivation.”

Prosecutors quickly refuted that.

“I object to that you honor. I don’t know what basis counsel has to make the argument.  He doesn’t know what results of any of her hearings with ICE were,” said prosecutor Eric Linder.

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Bond was set at $135,000.

Ted Scouten