Former NRL star Jarryd Hayne has been described as a person who “would never force himself in a sexual way upon a woman” in a legal method as his sexual assault trial involves an finish.
The 35-year-old confronted the jury for what could be the final time earlier than they retire to deliberate because the 11-day NSW District Court trial wraps up.
More than a dozen household and pals sat within the public gallery on Monday morning to assist Mr Hayne.
Mr Hayne has pleaded not responsible to 2 counts of sexual assault with out consent, with the jury listening to greater than eight days of proof.
The two-time Dally M winner denies sexually assaulting the lady at her dwelling on Newcastle’s outskirts in September 2018, on the night time of the NRL grand remaining, claiming they engaged in consensual sexual acts.
The former footy star is accused of pulling off the lady’s pants earlier than allegedly performing oral and digital sexual acts on her with out her consent, inflicting cuts and substantial bleeding.
Defence barrister Margaret Cunneen SC addressed the jury for the top of her closing argument on Monday, the place she stated “most men are not rapists”.
“Most men would never commit sexual assault,” she advised the jury.
“The vast majority of men would find it completely inconsistent with sexual satisfaction or sexual enjoyment to force themselves upon a woman in any way at all.
“Mr Hayne is one of that majority of men who would never force himself in a sexual way upon a woman on a way which is criminal.”
While Crown prosecutor John Sfinas put to the jury Mr Hayne was “hellbent” on attending to the lady’s home, Ms Cunneen stated the assembly solely took place as a result of the lady had an “insistent desire” to see him.
She advised the jury Mr Hayne didn’t act for his personal sexual pleasure and the rationale the pair didn’t have intercourse is as a result of he agreed there could be none.
“Not only is she very attracted to Mr Hayne, she’s conscious of his position, his ability and fame, she’s conscious of all those things,” Ms Cunneen stated.
Ms Cunneen advised the jury the lady was “sad and alone” which was a results of the hurried intimate encounter and her “strong feelings and anticipation”.
She stated the lady then despatched a textual content saying “I thought you would have at least stayed”, which wouldn’t be despatched by a lady who was allegedly sexually assaulted.
“It is absolutely inconceivable,” Ms Cunneen advised the courtroom.
“That’s really the end of it.”
The jury was advised the lady didn’t need to report the matter to police as a result of she was “scared” of what would occur to her.
But Ms Cunneen argues it was as a result of the lady “knew no crime had been committed”.
On Friday she advised the jury Mr Hayne’s proof is the lady “didn’t say no at all” and he or she curated the proof to assist herself.
“You might be very concerned that with this crafting of the evidence, does that affect your assessment of her capacity to fill in the blanks, or leave material out or to make the evidence that she thinks will assist herself in this case?” Ms Cunneen requested the jury.
In the Crown’s closing deal with, Mr Sfinas stated the lady did “certain acts” which had been in keeping with demonstrating she was not consenting throughout a fleeting encounter at her dwelling.
He advised the jury by way of demonstrating a scarcity of consent, it’s separated into phrases and actions.
“The Crown says the complainant in this matter said words and made actions,” he stated.
The jury was advised the lady held up her pants when Mr Hayne tried to take away them, whereas saying “no”, “stop” and resisting Mr Hayne.
She had additionally texted her buddy within the hours following the alleged incident, saying: “I feel like I let it happen to myself by not screaming at him.”
“You might think trying to hold up her pants is an act, moving away from someone, being pushed and trying to push back against it,” Mr Sfinas stated.
“The Crown says she did actually do certain acts which are consistent with demonstrating resistance.”
The jury is predicted to retire to deliberate on Monday.
Source web site: www.foxsports.com.au
