World News – AU – Jarryd Hayne agrees approval was « in the air » prior to visit, says rape litigator « never said no »

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Jarryd Hayne agreed that the issue of consent was « in the air » before visiting the woman who is accused of sexual assault at her Newcastle home on Jan.. September 2018.

But the 32-year-old told Newcastle District Court this morning that the 28-year-old applicant « never said no » during his encounter on the night of the NRL Grand Final.

During cross-examination, Mr. Hayne was asked if there had been explicit confirmation that the woman consented to have sex with him in messages the two exchanged prior to their face-to-face meeting.

« Before you went there, did you accept that the whole issue of consent was still up in the air? » District Attorney Brian Costello asked.

« So I suppose if she said no, would you have respected that? » Mr. Costello asked.

Mr Costello told the court that while the news was flirtatious, it did not indicate the woman’s approval.

« [You were] a sign of promise, but not an indication that if you show up you can have sex with me under any circumstances, » said Mr Costello.

« Indeed, these messages are related to the meeting – what it suggests, coffee or breakfast in the morning, » said Mr Costello.

Mr. Hayne told the court, « She never said no » when asked about his version of events.

Mr. Costello asked him again if he would have respected the woman’s wishes if she had said « no », to which Mr. Hayne replied in the affirmative.

Mr. Hayne was then repeatedly asked if he had gone to the woman’s house expecting sex.

The court had previously heard that Mr. Hayne had to be back at an event in Sydney by midnight.

Mr. Costello said he believed Mr. Hayne left a buck party in the middle of the NRL Grand Final and went to the woman’s house to « stop » along the way.

« Mr. Hayne, I want to suggest that at this point you went to the woman’s house expecting intercourse, » he said.

« The reason, when you were in the middle of a rugby league game, you left with an expectation that you would go for sex, » said Costello.

The prosecutor had previously asked Mr. Hayne about his connection to the roosters involved.

The former NRL player was also accused by the Crown of presenting evidence today, on the second day of his evidence at his rape trial.

Prosecutor Brian Costello asked Mr. Hayne about a sequence of events on the Saturday and Sunday prior to the alleged attack.

« So you don’t remember any photos she had on Instagram. You can’t remember the photos you sent her on Snapchat, right? ”Mr. Costello said.

« You cannot remember the sequence of events in the order in which you did things. They weren’t sure either day or night.

« Then we come to the evidence regarding another call at 7:31 am [that night] and you give a detailed report.

« You couldn’t remember the other two calls, but you can remember that call and what you were talking about.

This service may contain material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service that is copyrighted and cannot be reproduced.

AEST = Australian Eastern Standard Time, 10 hours before GMT (Greenwich Mean Time)

Jarryd Hayne, National Rugby League

World News – AU – Jarryd Hayne agrees approval was « in the air » before visit, says rape litigator « never said no  »
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Ref: https://www.abc.net.au

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