‘That’s rape’, woman told friend after Hayne message

Jarryd Hayne Hayne has pleaded not guilty to two counts of sexual intercourse without consent.

Jarryd Hayne Hayne has pleaded not guilty to two counts of sexual intercourse without consent. Photo: AAP

The friend of a woman former NRL player Jarryd Hayne is accused of sexually assaulting told her “that’s rape” after reading a message about their interaction.

Hayne, 35, has pleaded not guilty to two counts of sexual intercourse without consent and is facing his third trial over the allegation in the NSW District Court.

The woman he is accused of performing non-consensual oral and digital intercourse upon cannot be identified.

Hayne attended her suburban Newcastle home on NRL grand final night in 2018.

She was living there with her mother after being released from hospital the previous month and began messaging Hayne on social media about two weeks before.

Hayne left a taxi and a half-drunk bottle of alcohol waiting outside as he went into the house, the court has heard.

It’s alleged he pulled the woman’s jeans off and performed the sex acts on her for about 30 seconds before she began to bleed.

The woman texted her friend after Hayne left and she gave evidence on Friday.

“It didn’t seem like it was consensual from what she said to me,” she said.

She told the woman in a message shortly after the alleged assault “if you kept saying no … that’s rape”.

“You told her that it’s rape?” Hayne’s barrister Margaret Cunneen SC asked.

“Yes, in reply to her message, where she clearly told me she said no,” she said.

A second witness who communicated with Hayne’s alleged victim on social media for about six months but never met her, also told the court on Friday what the woman said to her following his visit.

“She said to me Jarryd had come over, paid for a taxi driver to stay out the front and it was really rushed, and then he left,” Newcastle-based solicitor Monique Smiles said.

Ms Smiles told the court she did not find the messages concerning and the woman had not told her about any injury, bleeding or things done against her will.

“Following that I did say words to the effect of, ‘what do you expect?’. I think she responded ‘you were right’, that was pretty much the entirety of the conversation.”

The woman had earlier told her she was texting with Hayne and Ms Smiles had discouraged her from having relationships with “footballers”.

Judge Graham Turnbull SC told the jury to be wary of such “commentary” in relation to the trial.

“We’re not here to deal with stereotypes,” he reminded them again as they were dismissed on Friday afternoon.

The trial resumes on Monday.


Topics: Jarryd Hayne
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