The affidavit accusing a University of Montana student from Tajikistan of sexually assaulting another student before classes began in August reveals he allegedly ignored the woman's pleas to stop multiple times and withheld clothing from her when she attempted to end the encounter.
Fazliddin Sharipov, 27, and his attorneys, Mat Stevenson and Peter Delmoe, appeared in Missoula Municipal Court on Tuesday for his omnibus hearing, which was extended until next month.
Sharipov has pleaded not guilty to five counts of misdemeanor sexual assault.
"The bottom line here is that this is a situation where we wouldn't be expecting any nifty legal tricks," Stevenson said. "It's a denial. It will continue to be a denial of criminal conduct, and if that isn't clear to the prosecutor by the time we go to trial, then I guess we will go to trial."
Stevenson said he anticipates the trial will be scheduled for January or February, but would prefer an acquittal for his client.
According to the affidavit of probable cause, the woman reported she met Sharipov on Aug. 27 when she was giving a tour of the UM campus to international students, which ended about 10:30 a.m.
Sharipov later asked the woman to be his friend on Facebook and then asked her to come to his apartment at 10 p.m. She told him she would be over after work at 11:45 p.m.
When she arrived at the university-owned rental housing for international students, she went to the man's room and they began to talk.
"At one point, Sharipov put his arm around (the woman) and asked her if she was afraid of him," the affidavit stated. "She recalled being surprised by this and told him she was not afraid."
After about 30 minutes, they began kissing, then he allegedly began fondling her breasts. She pulled her shirt back down and told him "no."
"I don't want to do this," she said. "I don't want to take it that far."
He then allegedly pulled the woman up into a standing position, removing her shirt and unsnapping her bra in the process.
The woman told investigators she was surprised by this, but didn't resist because she felt unsure of his reaction.
Then they struggled over her pants, according to the affidavit. The woman pushed his hand away as he tried to pull her pants down, but then he pulled her onto an air mattress, unzipped her pants and began attacking her.
She later told investigators she resisted the advances, telling him, "No, please don't," and trying to push the man off her. It wasn't until her seventh or eighth time verbally requesting he stop that he actually stood up, the affidavit stated.
"She told Sharipov she was uncomfortable and stated she wanted to know him better before going that far," the affidavit stated. "He asked her why and stated, 'That's not relevant to sex. It doesn't matter.' "
She attempted to put her shirt back on, but Sharipov allegedly took it again. When she grabbed the shirt again and put it on, Sharipov allegedly stood in front of her and attempted to sexually assault her.
She then hurriedly put her clothes on and left his apartment, according to the affidavit, reporting the assault to UM Police outside of the apartment.
According to the affidavit, Sharipov later sent her a message telling her to stay away from him.
"Don't come to my place anymore," he allegedly wrote. "Before I tell you. Ok..."
Though Sharipov was ordered to surrender his passport upon his release from Missoula County jail on a $7,500 bond, Stevenson's office has possession of it for "limited identification purposes," the attorney said.
"At this point, he really doesn't need his passport back because he doesn't intend to go anywhere until he has confronted his accuser and has cleared his name," he said.
His next omnibus hearing will be held on Nov. 17 at 2:30 p.m. in Missoula Municipal Court.