BURLINGTON — A judge has dismissed the sexual assault charge faced by Omar Nassir, the 23-year-old former Uber driver, who was accused in May of sexually assaulting an intoxicated female passenger.
The charge stemmed from a February incident in which he gave a female passenger a ride home and, according to court papers, the alleged victim said Nassir exposed himself to her and requested a sex act.
Nassir initially denied to police that any sexual contact had occurred and said the victim was so drunk she struggled to provide directions to her home. However, in a lengthy interview — the 145-page transcript was the state’s primary piece of evidence — he later said the contact occurred but was initiated by the victim.
The victim does not have a clear enough memory of the incident to provide a sworn statement as to whether any sexual contact actually took place, but she and the prosecutors say she was too intoxicated to give consent.
Chittenden County Superior Court Judge James Crucitti wrote in his dismissal that prosecutors can’t rely on portions of investigators interview with Nassir while rejecting others, and without further evidence there’s not enough for a jury to find him guilty beyond a reasonable doubt.
The dismissed felony sexual assault charge carried a maximum sentence of life in prison. Nassir still faces a lesser charge of lewd and lascivious conduct, to which he has pleaded not guilty.
His case became a flashpoint in the controversy surrounding the ridesharing company’s entrance into the Burlington market and provoked calls for greater enforcement of the city’s driver-for-hire ordinance. Nassir also held a city taxi license.
Uber drivers across the country have been accused of sexual assaults in a number of cases that have garnered national attention, sparking concerns over the company’s policies around background checks.
A Seven Days report this year suggested the city’s licensing process may be even less stringent, because of an appeals process for people with criminal records who are denied a license.
City officials responded that the appeals process is meant to give people who have turned their lives around a second chance. There’s no indication in court papers that Nassir has a criminal history.
