A girl who accused former NRL star Jarryd Hayne of sexual assault did “certain acts” which have been in step with demonstrating she was not consenting throughout a fleeting encounter at her house, a jury has been informed.
Crown prosecutor John Sfinas addressed the jury in his closing arguments on Thursday afternoon because the two-week NSW District Court trial enters its closing stage.
The 35-year-old Dally M winner has pleaded not responsible to 2 counts of sexual assault with out consent, with the jury listening to greater than eight days of proof.
Mr Hayne denies sexually assaulting the lady at her house on Newcastle’s outskirts in September 2018, on the evening of the NRL grand closing, 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.
The proof concluded within the former NSW and Parramatta full-back’s retrial, with closing submissions from the crown prosecution starting on Thursday afternoon.
The girl and the crown prosecution have argued that whereas she had despatched him sexually suggestive messages through social media, the primary time that they met at her Fletcher house – which she shared together with her mom – she was not consenting to sexual activity.
She stated she refused to consent as a result of he had a cab ready in her entrance yard, simply exterior her bed room window, which he had paid $550 to ferry him from a buck’s occasion to Sydney the place he was booked in to attend a midnight occasion.
During his closing deal with to the jury, Mr Sfinas stated when it comes to 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 informed the jury.
The jury heard the lady held up her pants when Mr Hayne tried to take away them, whereas saying “no” and “stop” and resisting Mr Hayne.
She had additionally texted her good friend 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.
“They are actions, so while she says here, ‘I feel like I let it happen to myself’, the Crown says she did actually do certain acts which are consistent with demonstrating resistance.”
Mr Sfinas informed the court docket the lady had all the time been “forthright” about her intentions with Mr Hayne.
In the start of his deal with, Mr Sfinas informed the jury they have been requested by Ms Cunneen to view the alleged sufferer’s proof “through a prism that she embellished and lied to police”.
He informed the court docket: “It is the crown submission that she did not lie. She did not exaggerate and she did not embellish.”
Mr Sfinas requested the jury to just accept the lady’s proof, saying she was forthright about her authentic intentions when texting Mr Hayne within the weeks main as much as the alleged incident.
“She didn’t diminish, she didn’t minimise, she didn’t try to make herself look better,” he stated.
“Yes she was sexually interested and sexually attracted … she wasn’t that desperate to meet him.”
The jury was informed the lady was “open” to the opportunity of intercourse with Mr Hayne however then it diminished when she realised there was a taxi ready for the previous NRL star exterior.
Mr Sfinas stated this was the “defining moment” for the lady as she felt like she was merely a “diversion”.
“She realises he didn’t intend on staying too long given a taxi was waiting for him and hurrying him up,” he stated.
The court docket heard the lady didn’t initially report the matter to police as a result of she was scared about what may occur to her.
In a message to a good friend, the court docket heard she wrote: “I’m too scared to report it, he would have the money to ruin me and the last thing I need is my life in the public eye.”
The crown stated it was compelling proof as a result of on the time the alleged incident occurred, the lady stated she wasn’t positive what had even occurred.
Mr Sfinas stated the lady wasn’t positive she had been digitally penetrated.
“It was at a time she did not want to go to police, it significantly informs her authenticity,” he stated.
“You might think these actions are not consistent with someone who prepares to lie, embellish, exaggerate or mislead.”
The court docket heard the taxi was the “straw that broke the camel’s back”.
Mr Sfinas learn to the court docket a number of the girl’s prerecorded proof within the trial.
When requested how she felt after the taxi driver knocked on the door, the lady stated “like absolute crap”.
“I felt like it was obvious what he wanted, I felt sad and stupid for flirting with him at the start,” she stated.
“There was no way in hell I was going to touch him … I was angry, I was hurt, I was sad, I felt like in my mind I thought this could one day, maybe turn into something so when I worked out he only wanted (sex) I felt crap.”
The closing addresses will proceed earlier than Judge Graham Turnbull on Friday.
Source web site: www.foxsports.com.au
