The jury has retired to consider its verdict in Jarryd Hayne’s trial after his lawyer told it the former NRL star was guilty of bad sex, not rape.
‘To be frank, his sexual prowess turned out to be terrible,’ defence barrister Phillip Boulten SC told the Newcastle District Court jury on Thursday.
Hayne has previously told the court he had been giving the complainant oral sex with her consent in her bedroom to please her on the night of the 2018 NRL grand final when he must have accidentally cut her vagina with his finger.
Former NRL player Jarryd Hayne arrives at Newcastle Court on Thursday. His lawyer Phillip Boulten SC said Hayne’s ‘sexual prowess turned out to be terrible’ in court on Thursday
Mr Boulten said when the woman started bleeding, it was not a big step for her to claim Hayne had been ‘nasty, uncaring and forcing me into it’.
‘Well, it was bad sex,’ the defence barrister said in his closing address.
He said if there hadn’t been any blood, it was unlikely any complaint of sexual assault would have been made.
‘(The woman) was upset about her injuries and that’s why we’re really all here, you might think,’ Mr Boulten said.
He said Hayne had stuck solid in his evidence about his version of events, claiming the woman never said ‘no’ or ‘stop’, and the jury must be in a state of uncertainty about his guilt.
Hayne, 32, has pleaded not guilty to two charges of aggravated sexual assault inflicting actual bodily harm.
Mr Boulten said his client was not asking for special treatment or for the former Parramatta Eels star to be treated as ‘some kind of hero’.
He urged the jury not to treat Hayne any differently because he was a very good footballer or because they feel sad for the complainant.
Hayne and his girlfriend Amellia Bonnici arrive at court on Thursday. The defence barrister said Hayne was not asking for special treatment or for the former Parramatta Eels star to be treated as ‘some kind of hero’
One of the key issues at trial, according to the defence, is the messages the woman sent after the alleged rape to a female lawyer in Newcastle she had been following on Instagram.
The woman, now aged 28, had never met the lawyer but mentioned to her earlier in the day how she was planning to meet up with Hayne.
The lawyer, whose statement was read to the court as she has serious health issues, warned the woman all footballers were sleazy, including her ex who had been a Bulldogs player.
She said footballers were used to getting what they wanted, all Hayne would want was sex and urged the woman to remember her worth.
After the alleged rape, the woman sent Instagram messages to the lawyer telling her she was right.
Hayne (pictured outside of court with Ms Bonnici on Thursday) has pleaded not guilty to two charges of aggravated sexual assault involving a woman in NSW’s Hunter Valley on September 30
The woman said Hayne had had a taxi waiting for him outside, performed oral sex on her and left. She said she felt like such an idiot.
She did not mention anything to the lawyer about the alleged rape.
Crown prosecutor Brian Costello said the reason the woman did not tell the lawyer about the alleged rape was because she didn’t really know her.
Mr Costello said the woman had only reluctantly told her mother what happened with Hayne the following day and took about a month before she confided in her sister.
The woman also sent messages to her best friend that night detailing what Hayne had allegedly done to her and also sent her photographs of the blood on her bed and the injuries to her vagina.
She said she thought Hayne had bitten her vagina and she felt violated.
Defence barrister Phillip Boulten SC (pictured) said Hayne would not be in court if he hadn’t accidentally cut the woman’s vagina with his finger. ‘(The woman) was upset about her injuries and that’s why we’re really all here, you might think,’ Mr Boulten added
The Crown alleges Hayne arrived drunk at her house on the outskirts of Newcastle about 9pm on September 30, 2018 and stayed for about 45 minutes, committed two sex acts on her without her consent and caused two separate injuries to her genitalia before leaving.
The woman said when Hayne tried to kiss and touch her she told him ‘no’ and ‘stop’, he pushed her face down into the pillow, ripped off her trousers and attacked her.
Mr Boulten had earlier described the phone call intercepted by police between Hayne and Newcastle Knights player Mitchell Pearce as ‘the essence of his defence’.
In the November 15, 2018 call – four days before Hayne’s arrest – Pearce asks: ‘Who’s this sheila coming out saying something about ya?’
Hayne replied: ‘Oh, she’s, f***, she’s from Newie, bro.
Jarryd Hayne and his girlfriend Amellia Bonnici arrive at court on Thursday, the last day of the trial
‘She was just sending me all these, all these nude snaps, bro, on Snapchat … wanting to link up, link up; said, ‘Yeah, yeah.’ Then I was in Newie, I was like, oh, I’ll pop in on the way home. So I did that and then f*****’ she was filthy ’cause the cab was out the front. I said, ‘Oh well, mate, I’m only going to be here for you know, (laughs) a short time.
‘She just wigged out. And then, um, went – like I watched a bit of the grand final with her old girl. (Laughs)
‘Come, come back and we were just fooling around and she like, she like bled a little bit. It was weird.
‘Then, then she just wigged. I said, “Listen, nah, you’re sweet.” I said, “F****” my, like my fingernail must have clipped you, that’s all.
‘There was nothing major. Like, it was just a little bit. Full wigged out. Said, “Nah, nah, it’s sweet, sweet”.
‘I was like, “Oh, okay, I’d better go now,” rah rah rah. And then she was just like filthy that I left her there. (Laughs) I was like, what the f***.’
Mr Houlten said Hayne (pictured) had stuck solid in his evidence about his version of events, claiming the woman never said ‘no’ or ‘stop’, and the jury must be in a state of uncertainty about his guilt.