Newcastle teen ‘sobbing’ and put her underwear on back-to-front in her rush to flee Airbnb apartment after alleged bucks night gang rape, court is told

A 19-year-old woman was “crying” and had her pants on backwards in her rush to leave an Airbnb after she was allegedly raped by three men at a hen party, a court has been told.

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 celebrated Maurice’s upcoming wedding with a hen party in Newcastle over a weekend in February 2022, when they allegedly raped three women.

Prosecutors say the three men sexually assaulted two 18-year-old women on Friday night and attacked a 19-year-old woman the following evening.

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 plea Tuesday, prosecutor Craig Evans argued that the men knew the women did not consent to the forced group sex and that they were reckless in their disregard for their consent.

He asked the jury to consider the men’s state of mind at the time of the alleged gang rapes when determining whether the trio were guilty of the sexual assaults.

Mr Evans pointed to Maurice’s requests for his friend to join him when he had consensual sex with an 18-year-old woman on Friday night and the way he sexually groped another 18-year-old woman who had rejected his proposal for a threesome.

“Maurice was in a state of mind where he sought group sex, regardless of whether he had given consent,” the prosecutor said.

He alleged that throughout the weekend Maurice and Mr David had been continually looking for opportunities to have group sex, whether consensual or not.

As for Marius, Evans said his actions over the weekend demonstrated “seeking (sexual) opportunities with others.”

After two teenagers were returned to the group’s Airbnb on Friday night, Marius ran out of the pub shortly after buying a drink, Mr Evans told the court.

He urged jurors to take into account “the haste with which he leaves and the timing of that.”

Marius is said to have then entered the room where the two 18-year-old women were gang-raped and became involved in the assaults.

He entered the room in a “state of mind to participate in the sexual acts,” the prosecutor said.

The following night, Marius is said to have watched in a bedroom as a 19-year-old woman was sexually abused by his older brother and Mr David.

Mr Evans said Marius used his flashlight to illuminate the dark room and did not stop the sexual activity despite seeing the woman pinned to the bed and unable to move.

The court was told that in her haste to leave the apartment after the alleged attacks, the woman had put her trousers on backwards and was “crying”.

In his plea Tuesday, the prosecutor asked the jury to consider the men’s mental state at the time of the alleged gang rapes, a factor that would play a role in determining whether the trio is guilty of the sexual assaults.

Mr Evans pointed to Maurice’s requests for his friend to join him when he had consensual sex with an 18-year-old woman on Friday night and the way he sexually groped another 18-year-old woman who had rejected his proposal for a threesome.

“Maurice was in a state of mind where he sought group sex, regardless of whether he had given consent,” the prosecutor said.

He alleged that throughout the weekend Maurice and Mr David had been continually looking for opportunities to have group sex, whether consensual or not.

As for Marius, Evans said his actions over the weekend demonstrated “seeking (sexual) opportunities with others.”

After two teenagers were returned to the group’s Airbnb on Friday night, Marius ran out of the pub shortly after buying a drink, Mr Evans told the court.

He urged jurors to take into account “the haste with which he leaves and the timing of that.”

In his address to the jurors, Marius’ attorney, Scott Corrish, said they “can never determine with certainty that he is a rapist.”

“No one has actually pointed the finger and said he performed a criminal sex act or even said he was seen without shoes and socks,” he said.

‘Even though no one says Marius Hawell put his penis in my vagina or his penis in my mouth, the Crown says Marius is a rapist.’

Mr Corrish argued that the jury also could not be convinced that Marius was part of an agreement to commit sexual assaults on his older brother and Mr David.

He said the case against his client hinged in part on the “demonstrably false” evidence of a woman who had been in the apartment on Saturday night.

The woman had testified about who had entered the bedroom where a 19-year-old girl was allegedly gang-raped, but Mr Corrish pointed out that she had her back to the room.

He also noted that the woman’s story about which bachelorette party participants had accompanied her when she left the Airbnb was contradicted by security camera footage.

“You are asked to find Marius guilty on the basis of that evidence,” his lawyer said.

“Evidence that is not only suspicious, but demonstrably false.”

He also questioned the prosecution’s argument that semen on a T-shirt could link Marius to the alleged gang rapes on Friday night.

The process continues