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Miami Beach Man Charged in Alleged Rape of Tourist Who Took Ride From Claimed Uber Driver

Police cite forensic tests, surveillance video and a court-ordered DNA sample linking Rafael Martinez to a January assault.

Overview

  • Rafael Martinez, 42, was arrested on Oct. 21 and charged with one count of sexual battery on a physically helpless victim, according to jail and arrest records.
  • Investigators say the tourist accepted a ride near the Faena Hotel on Jan. 25 from a man who identified himself as an Uber driver, drank from an open Vitamin Water, felt dizzy, and later awoke naked in an unfamiliar apartment.
  • Forensic testing completed in May 2025 confirmed sexual assault and detected ethanol, acetone, and a metabolite of THC in the victim’s system.
  • Security footage from the Park Place by the Bay complex showed Martinez and the victim exiting an elevator on his floor, and staff reported the woman appeared disoriented while trying to find the exit.
  • Police obtained and executed a DNA warrant after an interview in which Martinez invoked the Fifth when asked for his DNA, and Uber says he was not on the app during the incident, has been banned, and the company is prepared to assist investigators.