Newcastle Airbnb backs night rape trial: Teen’s texts after alleged bucks party gang rape revealed

An 18-year-old woman texted her friend describing an alleged gang rape by three men at a bachelorette party as “funny” but later called it “dangerous.”

Andrew David, 30, and brothers Maurice Hawell, 30, and Marius Hawell, 22, have pleaded not guilty to aggravated sexual assault in company, attempted aggravated sexual assault in company and aggravated sexual touching.

The trio were enjoying a bachelor party for groom-to-be Maurice over the weekend of 2022 when they allegedly raped three teenagers in an Airbnb.

Prosecutors say the three men sexually assaulted two 18-year-old women in a dark room on Friday night before attacking a 19-year-old woman the following night.

Maurice and Mr David claim that all sexual acts were consensual, while Marius claims he was not involved in the sexual incidents during the stag party weekend.

The three men had been on trial in the New South Wales District Court for weeks, allegedly involved in a joint criminal enterprise in which they acted recklessly and without the consent of the women.

In his closing address to the jury on Tuesday, Maurice’s lawyer Richard Pontello SC said messages between the 18-year-old alleged victims showed one of them found their alleged rape “funny and humorous”.

On March 8, 2022, the first teen texted her friend saying she was “feeling a lot of emotions” after speaking to police, and that she “had a massive breakdown for half an hour.”

“I feel scared, ashamed, sad, angry, etc.,” the 18-year-old said.

“I don’t find the situation funny anymore. It’s quite serious.”

The second teenager, who was allegedly raped in the bed next to her, responded that the police interrogation had left her “scared” and that she was struggling with her own emotions.

“I always thought it was funny, but now I realize how dangerous and serious it is,” the first teenager replied.

Mr Pontello argued that the first teenager had described Friday night’s events at the Airbnb as “funny because nothing criminal had happened”.

He suggested that she may have changed her mind because “she felt ashamed of the group sex,” especially after being approached by police.

The lyrics undermined the 18-year-old girl’s credibility because she denied finding the events funny when she testified at trial, Pontello said.

In a conversation with a friend shortly after the alleged gang rapes, the court heard the second teenager described the alleged gang rapes as “an orgy”.

The description was “hardly consistent with an allegation of sexual intercourse without consent,” Mr Pontello argued.

“That conversation alone would raise a reasonable doubt in your mind as to Maurice’s guilt,” he told the jury.

The two 18-year-olds told the court they were pushed onto beds in a dark room and could not see the three men who took turns sexually abusing them.

Prosecutor Craig Evans said it was clear the women did not consent as they were reportedly pinned to the beds and unable to move, and ‘could not see’ the men.

However, Mr Pontello said the second girl had done nothing to show she had not given consent, pointing to evidence that she had pretended to enjoy the alleged gang rape.

“How could Maurice know under those circumstances that (the 18-year-old) had not consented?” he asked.

The second teenager initially said she had consented to all the sexual acts that night when she gave an affidavit to police, the court heard.

Mr Pontello argued that her subsequent U-turn on her statement “destroys her credibility” in relation to consent.

“If she lied to the police, as she claimed in court … then she is a liar on the crucial issue of consent,” he told the jury.

“How can you be sure she’s telling the truth?”

Mr Pontello suggested the jury be satisfied that the second teenager had consented to all the sexual activities in the Airbnb rented by the bachelor party.

As for the 19-year-old woman allegedly raped by Maurice and Mr David on Saturday night, Mr Pontello said there were inconsistencies in her story.

Her claim that Maurice grabbed her by the arm at the entrance to the Airbnb apartment was “demonstrably false” and contradicted by CCTV footage, he said.

Mr Pontello suggested the 19-year-old girl may have reported the incident to police because she feared someone had filmed her during the alleged incident.

He noted that the teenager had told a Triple-0 employee about the alleged recordings (which are not part of the case against the men) before disclosing details of the alleged rape.

In her closing address on Wednesday, Sharyn Hall SC, David’s lawyer, said the jury will have to determine the crucial issue of whether the prosecution proved the three men knew their alleged victims had not consented.

All three men deny that there was an agreement to perform sexual acts with the three teenage victims without their consent or recklessly regarding their consent.

Judge Gina O’Rourke will summarize elements of the trial on Thursday before the jury retires for deliberations.