Former NRL star Jarryd Hayne has been described as a man who would ‘never criminally force himself on a woman sexually’ as his assault trial comes to an end.
The 35-year-old faced the jury for what would be the last time before they retired to deliberate as the 11-day NSW District Court trial concludes.
More than a dozen family and friends were in the public gallery on Monday morning to support Mr Hayne.
Mr Hayne has pleaded not guilty to two counts of unauthorized sexual assault, with the jury hearing more than eight days’ worth of evidence.
The two-time Dally M winner denies sexually assaulting the woman at her home on the outskirts of Newcastle in September 2018, on the night of the NRL grand final, claiming they engaged in consensual sex acts.
The former footy star is accused of ripping off the woman’s pants before allegedly performing oral and digital sex acts on her without her consent, resulting in cuts and significant bleeding.
The court heard Hayne (pictured outside court on Monday) would ‘never sexually force herself on a woman in a way that is criminal’
Defense attorney Margaret Cunneen SC addressed the jury before the end of her closing argument on Monday, where she said “most men are not rapists.”
“Most men would never commit sexual assault,” she told the jury.
“The vast majority of men would find it completely incompatible with sexual satisfaction or pleasure to force themselves on a woman in any way.
“Mr. Hayne belongs to that majority of men who would never force themselves on a woman sexually in a way that is criminal.”
While prosecutor John Sfinas told the jury that Mr Hayne was ‘determined’ to go to the woman’s home, Ms Cunneen said the meeting only came about because the woman had a ‘persistent desire’ to see him .
She told the jury that Mr. Hayne was not acting for his own sexual pleasure and that the reason the couple did not have sex is because he agreed that there would be none.
“Not only is she very attracted to Mr. Hayne, she is aware of his position, his ability and fame, she is aware of all those things,” said Ms Cunneen.
The footy star’s lawyer, Margaret Cunneen SC (pictured left with Hayne outside court on Monday) told the court a text message sent to him by his assault accuser showed it was ‘absolutely inconceivable’ that an assault occurred
Ms Cunneen told the jury that the woman was ‘sad and alone’, which was a result of the rushed intimate encounter and her ‘strong feelings and anticipation’.
She said the woman then sent a text saying “I thought you would have at least stayed,” which was not supposed to have been sent by a woman who had allegedly been sexually assaulted.
“It’s absolutely unthinkable,” Ms Cunneen told the court.
“That’s really the end.”
The jury was told that the woman did not want to press charges because she was ‘afraid’ of what would happen to her.
But Ms Cunneen claims it was because the woman ‘knew no crime had been committed’.
On Friday, she told the jury that Mr Hayne’s evidence is that the woman “didn’t say no at all” and she was collecting the evidence to support herself.
“Perhaps you are deeply concerned that this production of evidence will affect your assessment of her ability to fill in the blanks, or omit material, or provide the evidence she believes will help her in this case? ‘ Mrs. Cunneen asked the jury.
The ex-NRL star (pictured playing for Parramatta in 2018) pleaded not guilty to two counts of assault without consent
In the Crown’s closing speech, Mr Sfinas said the woman had performed “certain acts” consistent with showing her non-consent during a cursory encounter at her home.
He told the jury in terms of demonstrating a lack of consent, it is separate in words and deeds.
“The Crown says that the complainant in this case has spoken words and has done deeds,” he said.
The jury was told that the woman held up her trousers when Mr Hayne tried to take them off, saying ‘no’, ‘stop’ and resisting Mr Hayne.
She had also texted her friend in the hours following the alleged incident, saying, “I feel like I let it happen to myself by not yelling at him.”
“You might think that trying to keep her pants up is an act, walking away from someone, getting pushed and trying to push back,” Mr Sfinas said.
“The Crown says that it has indeed performed certain acts consistent with demonstrating resistance.”
The jury is expected to retire to deliberate on Monday.