Texts show bucks party group sex was consensual, not rape: court

Two young women’s texts sent a few days after they were allegedly raped have been read to a jury deciding the fate of three men.

Text messages show a woman who claims she was raped by several men on a bucks party originally thought the incident was “funny” and not sexual assault, a court has heard.

Maurice Hawell, his younger brother Marius and Andrew David are on trial for the alleged sexual assaults of three women over the course of a weekend in February 2022.

They have all pleaded not guilty to charges of aggravated sexual assault in company over incidents alleged to have taken place in dark bedrooms at an Airbnb hired for Maurice’s bucks in Newcastle.

The NSW District Court has heard the older Hawell and David, both 30, deny forcing any of the women into sex and Marius, 22, claims he did not take part in any of the incidents.

Maurice Hawell’s barrister says his client is innocent. Picture: NewsWire / John Appleyard

Messages sent between two of the complainants – Ms A and Ms B – were read out to the jury on Wednesday as Maurice’s barrister Richard Pontello SC gave his closing address.

The messages were sent on March 8, 2022, after detectives interviewed Ms A about her experiences in the unit. Then 18, she had not previously reported anything to police.

Ms A, the court heard, told Ms B she had a “massive breakdown” after speaking with police and added she felt “scared, embarrassed, sad, angry and so down”.

“I don’t mind (find) the situation funny anymore,” the court heard she wrote.

Ms B replied later that day saying: “It has scared me and I don’t know whether to hide my emotions or just let it out.”

Ms A responded: “It’s OK and yeah same and I thought it was funny and all that until now. Realising how serious and dangerous it is.”

Andrew David denies wrongdoing. Picture: NewsWire / John Appleyard

Marius Hawell claims he was not involved in any of the incidents. Picture: NewsWire / John Appleyard

Mr Pontello put to the jury these texts revealed Ms A “had previously found the events in the apartment funny”, which he said only made sense if they were consensual.

“If (Ms A) was sexually assaulted as she claims … if she was forced to have sexual intercourse without consent, then how on Earth could she have ever found it funny in any way?” he asked the jury.

“(Ms A) found the events funny because nothing criminal occurred.”

Mr Pontello then moved to complainant Ms B’s evidence, who told the court she agreed to consensual sex with Maurice Hawell and Mr David before the alleged non-consensual group sex.

These texts were revealed in court.

He reminded the jury of an exchange between Mr David’s barrister Sharyn Hall SC and Ms B during the trial.

In that exchange, Ms B agreed she did not “say anything” or “do anything” to indicate she was not consenting to the group sex, and “acted in a way as though” she was consenting.

“On those circumstances, how on Earth is Maurice Hawell to know that (Ms B) was not consenting?” Mr Pontello asked.

Maurice Hawell booked the Airbnb for his bucks party. Picture: NewsWire / John Appleyard

He put to the jury they would accept his client’s evidence, which included claims Ms B said words to the effect of “is someone going to have sex with me?”, that Ms B consented to all sexual activity that night.

Mr Pontello also told to the jury the third complainant Ms C could have been motivated to make false allegations against Maurice Hawell as she believed someone had filmed her sexual encounter.

The court has heard Ms C claims she was forced into sex with two men, with Maurice Hawell and Mr David both claiming they had a consensual threesome with her.

Marius Hawell is alleged to have come into the room and used a phone flashlight during the incident. He denies entering the room at all.

Mr Pontello said Ms C’s concern about being filmed may have “been the genesis of her complaint of sexual assault”.

Ms Hall told the jury the Crown case rested on the accused “taking advantage of the fear of these women” in “the absence of any conduct by the women to show that they are not consenting”.

She put to the jury that it there were a “significant number of factors” in the complainants’ evidence that should raise “very real concerns” about their reliability.

The trial continues before Judge Gina O’Rourke.