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New development in Jarryd Hayne's sexual assault trial

Australian Associated Press
·4-min read
Former NRL star Jarryd Hayne is seen here at court in Newcastle for his sexual assault trial.
Jarryd Hayne has pleaded guilty to sexual assault charges. Pic: AAP

The jury in former NRL star Jarryd Hayne's rape trial has been unable to reach unanimous verdicts on two charges of aggravated sexual assault.

The jury sent a note to Newcastle District Court judge Peter Whitford at 3.20pm on Friday saying it was unable to agree on a decision after considering all the evidence.

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Judge Whitford said he would give the jury more time to re-examine matters they disagreed on.

He gave the jury the option to continue its deliberations on Friday afternoon or to return on Monday.

The jury, which had asked for the transcript of the entire two-week trial on Thursday afternoon, elected to return on Monday.

Hayne, 32, has pleaded not guilty to two charges of aggravated sexual assault recklessly inflicting actual bodily harm.

The crown case against Hayne is he arrived drunk at the woman's house on the outskirts of Newcastle about 9pm on September 30, 2028 - the night of the 2018 NRL grand final.

He stayed for about 45 minutes, committed two sex acts on her and caused two lacerations to her genitalia before leaving, the prosecution said.

The woman, now aged 28, said she became angry when she realised Hayne had a tax waiting outside and she told him they would not be having sex but he ignored her.

She said when Hayne tried to kiss and touch her and she told him "no" and "stop", he pushed her face down into the pillow on her bed, ripped her pants off and attacked her.

The woman suffered two lacerations to her vagina which Hayne testified must have been accidentally caused by him cutting her with his finger.

Hayne said he knew the woman didn't want to have sex but he decided to give her oral sex to please her with her consent. He said she never said "no" or "stop".

The former Parramatta Eels star had paid a taxi driver $550 to take him home to Sydney after a two-day bucks party for rugby league player Kevin Naiqama in Newcastle when he decided to pop in to the woman's home.

Defence says Hayne not guilty of rape

Crown prosecutor Brian Costello said the prosecution case could be summed up by what the woman told the jury - "No means f***ing no."

"I know exactly what happened and so does he," the woman said in evidence.

Mr Costello said Hayne had left a group of his footy mates watching the 2018 NRL grand final for one plain, obvious reason - to have sex with a woman he had never met.

He said Hayne believed he had been promised sex after exchanging flirty messages on social media with the woman.

The prosecutor said Hayne had been rough, forceful and inconsiderate trying to get what he had come for when he attacked the woman, injuring her quite significantly.

He said Hayne's claim the woman's mood changed during the night to the extent she was willing to engage in sexual activity with him was "just fanciful".

Defence barrister Phillip Boulten SC said Hayne was guilty of bad sex, not rape.

Jarryd Hayne will return to court on Monday after the jury failed to come to a unanimous decision in his rape trial. Pic: AAP
Jarryd Hayne will return to court on Monday after the jury failed to come to a unanimous decision in his rape trial. Pic: AAP

Mr Boulten said just because the woman said "no" after the taxi incident did not mean the shutters had come down on friendship and intimacy.

He said the woman was a willing participant in the sexual activity after they both kissed but it all went terribly wrong when she started bleeding.

Mr Boulten said the woman's injuries might explain why she was making the sexual assault accusations against Hayne and had convinced herself she was not consenting.

The defence barrister said Hayne was not obsessed with having sex with the woman. He was actually a bit ambivalent about it given he spent most of that Sunday with the boys from the bucks party going to paintball and then a pub crawl instead of going to see her.

"Jarryd Hayne was not out of control and he was not incapable of resisting (the woman's) sexual allure," Mr Boulten said.

The woman later sent text messages to a girlfriend saying she thought Hayne had bitten her vagina and she felt violated.

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