Ex-NRL star Jarryd Hayne found guilty in rape trial
A jury has delivered its verdict in the rape trial of ex-NRL star Jarryd Hayne after more than a week of deliberating.
A jury has found ex-NRL star Jarryd Hayne guilty of sexually assaulting a woman four-and-a-half years ago.
The 35-year-old had pleaded not guilty to two counts of sexual intercourse without consent relating to the 2018 NRL Grand Final night.
After eight days of deliberating, the jury was asked to give their verdict on each count, to which one juror read out: “guilty”.
As the verdict was read out, Hayne’s wife Amellia put her head in her hands and cried, while other supporters also became emotional.
Once the jury was discharged, Hayne stood up and walked over to his wife and mother to embrace them.
Hayne now faces a maximum possible sentence of 14 years in jail.
During the 11-day NSW District Court trial, Crown prosecutor John Sfinas argued that the woman was sexually assaulted after Hayne stopped by her house on the outskirts of Newcastle on September 30, on his way back to Sydney from a boozy buck’s weekend.
He told the jury the woman decided she did not want to have sex with Hayne after she realised a taxi was waiting outside.
But Hayne told the court the acts were consensual, he was “shocked” when he realised he was covered in the woman’s blood and said he accidentally clipped her with his finger.
His defence barrister Margaret Cunneen SC, argued the woman did not say no, was attracted to Hayne and conscious of his fame and status. She submitted she would not have texted him afterwards saying she wanted him to stay if she had just been assaulted.
The jury of six men and six women retired to deliberate about 3:30pm on March 27 and reached the verdict at 3:45pm eight days later.
After delivering the verdict, Judge Turnbull released Hayne on bail and ordered him to return to court on Thursday, when the Crown is expected to make a detention application.
The incident
The trial heard the pair had chatted social media for two weeks leading up to September 30 but had not met in person.
It heard Hayne had invited the woman to meet him out the night before while he was at a party during the bucks’ weekend, but she did not want to because it was all men and instead invited him for coffee or breakfast the next morning.
But Hayne continued to drink throughout the next day, the trial heard, and eventually texted the woman to say he could drop by her place in Fletcher on the Sunday night.
When he arrived shortly after 9pm, he left a half-empty vodka cruiser on the woman’s letterbox.
He told the jury her mother had answered the door, but the prosecution submitted that did not happen.
According to Hayne’s version of events given in his evidence, the mother directed him straight to the bedroom, where he felt awkward as the woman was shy, despite having sent sexual and suggestive texts.
He claimed he tried to break the ice by putting a few of his “go-to” songs on YouTube, including Ed Sheeran’s cover of Oasis’ song ‘Wonderwall’ before the woman noticed a taxi was waiting outside and was “filthy” about it.
A short time later, the taxi driver knocked on the door – as Hayne had told her he was only at the house to pick up a bag.
Hayne told the court he then went out to watch some of the NRL Grand Final with the woman’s mother before coming back into the bedroom, when the assault took place.
According to the prosecution, Hayne was in a rush to “get what he came for” despite the woman having told him she did not want to have sex once she knew a taxi was sitting outside.
Hayne denied that, saying he only wanted to “pleasure” the woman once she decided not to have sex, but the prosecution said such an act would require time for the woman to feel pleasured.
According to the prosecution, after about 30 seconds of the sex acts, Hayne realised the woman was bleeding and cleaned himself up and left.
The court heard the woman was left with two lacerations and substantial bleeding.
Throughout the trial, Judge Turnbull had urged the jury to avoid stereotypes and preconceived ideas when making their decision.
How Hayne learned his fate
On Tuesday afternoon, the NSW District Court heard the jury sent a note to Judge Graham Turnbull SC which read: “Dear Your Honour, we’ve taken another vote, and while we have made progress, we are not at a unanimous decision. We would like to clarify if ignorance of the law is a sufficient defence.”
In response to the jury’s note, Judge Turnbull told them that the “short answer is no”, but that the facts of this case show there is a little more nuance to that.
“In this case, you must remember the burden of proof is on the Crown and the accused does not have to prove anything,” Judge Turnbull said.
“Neither the accused nor the complainant misunderstood that it was anything but illegal to force yourself on a woman without her consent, whether it be digitally or orally.
“It’s no part of the accused’s evidence that he did not know that it was illegal to have digital or oral intercourse with someone without consent. He has given an explanation and I remind you that if you accept that explanation as true or possibly true, that constitutes reasonable doubt and he’s entitled to be acquitted.”
Judge Turnbull told them they have to be satisfied beyond reasonable doubt.
He reminded them it was the Crown’s case there was “never any consent to any sexual activity,” and that was conveyed by words and conduct explicitly to Hayne.
Earlier on Tuesday, Judge Turnbull told the jury to focus only on what was said within “these four walls” and asked them to communicate any issues.
Turnbull’s lengthy message came a day after he made a “Black Direction” asking them to reconsider the votes of a few jurors.
That direction was made in response to their note saying they had been unable to reach a decision despite lengthy discussion.
He asked them to persevere and to be confident that they could let the court know if they were “having trouble being unanimous”.
He told the jury they had been diligent for some days and he did not want to encourage them to take any particular course, but reminded them they could ask for guidance if needed.
Judge Turnbull also gave a direction about avoiding stereotypes, at the request of defence barrister Margaret Cunneen SC.
“You must only have regard to the evidence in the trial — I’ve said that many times — nothing beyond these four walls,” he said.
“You must be true to your oaths and affirmations... Being satisfied beyond reasonable doubt does not mean it is more likely than not. It is not enough to be satisfied on the balance of probabilities — what is what is required is proof beyond reasonable doubt.”
Shortly after 3.30pm, the jury returned guilty verdicts against Hayne.
Case’s history
This was the third time the two-time Dally M winner and ex-NFL convert had faced a jury over the assault.
He faced his first trial in Newcastle in 2020, but the jury could not reach a verdict, while he was convicted at a second trial in March 2021 and sent to prison for nine months until he successfully appealed the decision. The Court of Appeal quashed that conviction and he walked free from prison on his 34th birthday, on February 14, 2022.
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Hayne made his NRL debut in 2006 and played 214 games between Parramatta and the Gold Coast.
At his peak, Hayne virtually guided Parramatta himself to the 2009 Grand Final - only to lose to the Melbourne Storm, who were later stripped of the premiership due to salary cap breaches.
In January 2021, he married his wife, Amelia, who has supported Hayne in-person at his past two trials.