NRL star Jack de Belin ‘didn’t take no for an answer’, court hears
NRL star Jack de Belin was “surprised” a teenager didn’t want to have sex with him, but he “didn’t take no for an answer”, a court has heard in opening submissions of his three-week trial.
Police & Courts
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NRL star Jack de Belin was “surprised” a teenager didn’t want to have sex with him, but he “didn’t take no for an answer”, a court has heard.
The estimated three-week sexual assault trial for the Dragons forward and his mate, Shellharbour Sharks player Callan Sinclair, 24, started on Wednesday in the District Court.
De Belin and Sinclair have maintained vaginal, oral and anal sex with the 19-year-old girl after a Wollongong Christmas pub crawl in December 2018 was consensual, pleading not guilty to five counts of aggravated sexual assault.
The Crown will allege de Belin, 30, raped the girl while his fiance was pregnant with their first child.
Whether the girl consented to sex was the crux of the trial, Crown Prosecutor David Scully said in his opening statements.
He told the court de Belin was the “instigator” that Saturday night and Sinclair “joined in”, as the girl pleaded with them to “stop”.
“Neither were preparing to sexually assault her … they were both hoping for consensual sex,” Mr Scully told the court.
“Perhaps, Mr de Belin was surprised the complainant didn’t want to have sex … he didn’t take no for an answer, and Mr Sinclair decided to join in.”
But de Belin’s Defence Barrister David Campbell SC urged the jury to keep an open mind saying they have not yet heard “the full story”.
“They have forcefully, emphatically, repeatedly and consistently denied there was anything untoward about what happened,” Mr Campbell said.
“The story will go on a different tangent you didn’t even realise. There is a fundamental issue surrounding the credibility of the critical issues the Crown relies upon.”
De Belin and Sinclair had pre-drinks at a mate’s house on December 8, 2018, ending up at popular nightclub, Mr Crown, with friends Jai Field and Matt Clune.
This is where they met the alleged victim.
She already knew Sinclair and Clune for a few years through sports competitions.
CCTV vision allegedly shows Clune pulling her arm towards de Belin on the dance floor before the stranger’s embrace with a hug, the court heard.
At one point while dancing, she takes off de Belin’s Akubra hat and wears it.
Mr Scully told the court she also kisses Sinclair in a “fun” way.
“The complainant was a 19-year-old at Christmas time. She was dancing and having a good time. It did not mean, on the Crown case, she wanted to have sex with both accused,” he told the court.
But the court heard de Belin thought it did, and allegedly told Sinclair: “I think we’re on here”.
The group left the club to go to Fever Nightclub, but de Belin took the pair to a cab rank before flagging a tuktuk.
He told the driver and witness Gary Port, ‘You’ll have to trust me”, when Mr Port asked for the address.
Mr Port dropped them near the Gipps St townhouse where his cousin Jake Lewis lived.
De Belin allegedly said they had to charge their phones at the five-storey house before the nightclub.
The Crown will allege the girl said: “Like f*** we are”, but followed them shortly after. Feeling unsafe, she insisted on waiting outside or going home, but eventually went in to use the toilet on the fourth floor in Lewis’s room.
While she was still in the ensuite, de Belin allegedly opened the door and walked in fully naked to use the shower.
A short while later, he allegedly took off the girl’s top and pushed her onto the bed.
The pair allegedly told her: “Show us your tits”. Mr Scully told the court de Belin took off her pants, and underwear, and split her legs open, allegedly telling her: “I like it when girls lift their hips up, it turns me on”.
She said “stop” with tears in her eyes, while he had a hand around her neck leaning his forearm on her collarbone, the court heard.
“The Crown alleges Mr de Belin started to take sex by force,” Mr Scully told the court.
The girl “felt numb inside” while he had sex with her, but she “couldn’t fight anymore because no one was listening to her”, the Crown said.
Sinclair joined in having vaginal sex with her, while de Belin thrust his penis in and out of her mouth, the court heard.
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The pair allegedly swapped positions and were “cheering each other on” throughout.
Mr Scully said Sinclair unsuccessfully tried to have anal sex before losing his erection and jumping in the shower, while de Belin continued.
The court heard de Belin also tried anal sex which didn’t work, and ended up moving to an ottoman before turning the girl around and ejaculating on her back.
The Crown says the girl felt upset afterwards, but was told to “not be a woos” by Sinclair.
They got an Uber back to town and the alleged victim left them in the Fever Nightclub line.
She messaged friends about the incident, before going to police the next day.
De Belin’s barrister Mr Campbell asked the jury to “look carefully” at the CCTV footage from the mall after Mr Crown, and the happenings in the tuktuk ride to Lewis’s house.
Sinclair’s Barrister Sharyn Hall SC echoed Mr Campbell, encouraging the jury to look closely at evidence, including police phone taps which will be played to the court.
The alleged victim will be cross-examined tomorrow on fresh evidence.
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