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November 08, 2016 - 1:16 PM
CONTENT ADVISORY
KAMLOOPS - A Kamloops man has been found guilty of sexually assaulting a female friend while she was asleep next to her boyfriend.
The woman, who can not be identified due to a court-ordered publication ban, was out with her boyfriend on June 3, 2016 socializing with friends.
Kamloops Provincial Court Judge Stephen Harrison told the court today, Nov. 8, that Navarro Charters had asked the woman and the rest of the group to continue the party at his apartment.
Charters was already drunk by the time the group got to his apartment, court heard. Harrison said in his decision that during the trial for the matter, the woman described Charters as being "tweaked out" and intoxicated.
The group was drinking and smoking pot, but the woman didn't drink much because she was recovering from a stomach flu. Harrison said she had about three shots of tequila.
Around 3 a.m. the group started to discuss sleeping arrangements. Charters said he would take the couch so the victim and her boyfriend could sleep in the bedroom.
The woman wore a shirt, bra and yoga pants to bed, court heard, but she woke up when she felt something moving near her "vaginal area," Harrison said.
She looked up and saw Charters rubbing his penis into her vagina, then pushed himself into her anus, court heard.
The woman testified that the ordeal lasted about three to five minutes. Harrison said the woman spoke up and Charters tried to pull her pants back up. She started yelling at him and Charters asked why she was "flipping out."
Court heard she was angry at her boyfriend for not stopping Charters, although her boyfriend was asleep at the time, too.
Charters went into the kitchen and the woman followed him. He asked her what happened and tried to hug her.
She called the police and they arrived to Charters' apartment. Notes from the officer on scene indicated the woman was crying and angry, with no signs of intoxication. The woman's boyfriend testified during trial that Charters was "pretty drunk" at the time.
Harrison told the court in his decision today that he did not accept the accused's defence of clumsily falling on the woman while he was trying to put on a pair of shorts.
Charters was annoyed the woman accused him of this and after she left his apartment to call the police he began drinking again, threw up, passed out and was woken up when he was arrested.
Harrison called the woman and her boyfriend believable, reliable and consistent.
"She was very clear in describing Mr. Charters' actions," Harrison said. "I don't accept the evidence of Mr. Charters."
Harrison found Charters guilty of one count of sexual assault. Lawyers are expected to meet next week to fix a date for sentencing.
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