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Hayne's retrial hears woman said 'no way'

Greta StonehouseAAP
Jarryd Hayne has pleaded not guilty to aggravated sexual assault inflicting actual bodily harm.
Camera IconJarryd Hayne has pleaded not guilty to aggravated sexual assault inflicting actual bodily harm.

When a young woman realised Jarryd Hayne had left a taxi outside her home she said there was no way she was having sex with him, a jury has heard.

But despite the then 26-year-old's protests of "no" and "stop", the former NRL star proceeded in a pushy, rough, and forceful way to remove her jeans and sexually assault her, crown prosecutor Brian Costello said in his opening address to the NSW District Court on Monday.

Jarryd Hayne, 33, is facing a retrial and has pleaded not guilty to two charges of aggravated sexual assault inflicting actual bodily harm.

Hayne had been celebrating a bucks weekend in Newcastle when he arranged to meet-up for the first time with his alleged victim shortly after 9pm on September 30, 2018.

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The pair had been communicating over social media apps after she first texted him "you're absolutely gorgeous", via Instagram about a year prior.

He paid a taxi driver $550 to drive him back to Sydney, but asked for a small detour "to pick up a bag" in the outskirts of Newcastle where the woman lived with her mother.

Inside the woman's room, he looked up an online Ed Sheeran version of Oasis's Wonderwall and began a singalong before she noticed the car waiting outside and became upset.

The driver then knocked on the door of the home and while Hayne went outside the complainant told her mother "there's no way I'm about to have sex with him".

By this stage of the evening she had formed the view he was at her house for one thing and one thing only, and it became abundantly clear once he got what he came for he would not remain for any significant amount of time, Mr Costello said.

Back inside, Hayne walked to the living room where the mother was watching the NRL grand final and yelled: "Go the Roosters", before returning to her daughter's bedroom and shutting the door.

Hayne began kissing her on the bed and she moved further away from him stating no, but he kept going and at one point grabbed her face, the Crown has submitted.

Not long after allegedly forcefully removing her clothes, Hayne and the woman noticed she was bleeding and she had a shower while he washed the blood from his hands.

A doctor who later examined her said she had suffered two clear lacerations to her vagina consistent with penetration of her genitalia.

Hayne left soon after and she sent a text message saying "I'm hurting so much".

"I know I've talked about sex and stuff so much but I didn't want to do that after knowing the taxi was waiting for you," she wrote in a follow-up text.

His only reply was "Go doctor tomorrow".

She soon messaged another friend saying he was "really pushy and rough" and that he "ended up getting his hand down there" and that she was "scared and unsure".

"I just feel like I let it happen to myself by not screaming at him," she texted.

"That experience was not pleasurable for her at all," Mr Costello said.

Hayne's defence lawyer Richard Pontello said the woman was living a fairytale and fantasised about being with the star for more than one night.

He said the resulting injury was not inflicted recklessly, was entirely accidental and Hayne had been apologetic.

Hayne does not deny the sexual activity occurred but thought his alleged victim was saying no to sexual intercourse but had willingly and voluntarily consented to other acts he performed on her, his defence has argued.

The trial is estimated to last for two weeks before Judge Helen Syme.

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