As jurors began deliberations Thursday in the trial of a taxi driver accused of sexually assaulting a passenger last year, they were faced with two key questions:
Did the then-21-year-old woman consent to sex with cabdriver Enio Tablas? And did Tablas, then 53, believe she consented to their sexual encounter?
Most of the facts are not in dispute: The woman was on her way home after drinking in Waikiki when she entered Tablas’ cab, which at the time was occupied by two Australian men. Tablas dropped the men off first, then, instead of taking the woman home, drove her to Kahala beach after midnight July 5, 2014. They had a sexual encounter, and she told him she needed to go home. When she got out out of the car, he said, “Remember me — I’m the red cab.”
Earlier this week the woman testified that after Tablas dropped the men off, she drifted in and out of consciousness.
“I was very, very out of it. I had never felt like that before,” she said. “The next thing I remember is being parked and being assisted out of the car by the cabdriver. I could barely stand on my own. He had to hold me up.”
The woman said Tablas walked her through a picnic area to a quite spot on a beach. The woman cried as she told the jury how Tablas laid her down on a lawn chair. She said he sexually assaulted her.
“I was really scared,” she said. “The situation just kind of escalated super quick, and I had no idea how I had got there to that point.”
She added, “I was scared he might kill me. No one was around us. I told him that I needed to get home and that my roommate was looking for me.”
Tablas testified that the woman did not want to go home immediately after he dropped the men off. He said she agreed to go with him to the beach, and that she used her phone to light up the path as they walked.
“It was dark, and the only light was the moon and the stars,” he said. Tablas said he guided her down the path in the manner of a gentleman. He said once she was on the lawn chair, she instructed him on how to pleasure her. He said when she told him to stop, he did, and then he drove her home.
Hawaii law does not define consent. However, consent is not a defense in sex assault cases if someone can’t consent because of intoxication. Tablas’ attorney, Harrison Kiehm, argued that Tablas did not know how much the woman had to drink or whether she was intoxicated. Kiehm argued that Tablas thought the woman consented to the encounter, then once she withdrew her consent, he took her home.
Tablas is charged with two counts of sexual assault. The jury of six women and six men resume deliberations this morning.