Jarryd Hayne claims sex with woman he was jailed for raping was consensual


Disgraced NRL player Jarryd Hayne still insists a sexual encounter which left a woman physically injured and him in jail was consensual. 

Hayne is seeking to have two sexual assault convictions overturned in a last-ditch attempt to avoid spending the next three years in prison.  

The State of Origin star continues to protest his innocence after he was jailed for a maximum five years and nine months for raping a young woman in Newcastle in September 2018.

Hayne appeared by audio-visual link on Monday at the Court of Criminal Appeal in Sydney in an attempt to overturn the conviction.

The 33-year-old was dressed in a dark suit and tie as he watched the proceedings from a room at Cooma Correctional Centre where he is serving his sentence. 

Disgraced NRL star Jarryd Hayne (pictured with wife Amellia Bonnici) has launched an appeal against his two sexual assault convictions. The appeal is being heard in the NSW Court of Criminal Appeal in Sydney

Disgraced NRL star Jarryd Hayne (pictured with wife Amellia Bonnici) has launched an appeal against his two sexual assault convictions. The appeal is being heard in the NSW Court of Criminal Appeal in Sydney 

Hayne appeared by audio-visual link at the Court of Criminal Appeal in Sydney in an attempt to overturn his convictions. The 33-year-old was dressed in a dark suit and tie as he watched the proceedings from a room at Cooma Correctional Centre where he is serving his sentence

Hayne appeared by audio-visual link at the Court of Criminal Appeal in Sydney in an attempt to overturn his convictions. The 33-year-old was dressed in a dark suit and tie as he watched the proceedings from a room at Cooma Correctional Centre where he is serving his sentence

Hayne appeared by audio-visual link at the Court of Criminal Appeal in Sydney in an attempt to overturn his convictions. The 33-year-old was dressed in a dark suit and tie as he watched the proceedings from a room at Cooma Correctional Centre where he is serving his sentence

Hayne has enlisted the help of NSW Bar Association president Tim Game SC, who is regarded as one of the best appeals lawyers in Australia and charges up to $14,000 a day.

Mr Game submitted the judge who heard Hayne’s trial gave flawed directions to the jury about the issue of consent. 

‘These directions are flawed in almost every possible way,’ Mr Game told the court.

The Crown had contended the woman made it clear she was not consenting by saying, ‘No, no, no’, while Hayne insisted he believed the sex was consensual.

What the woman did and said, what Hayne believed or should reasonably have believed, and what can be proven are all being reviewed by the Court of Criminal Appeal. 

The meaning and significance of a number of exchanges between the woman and Hayne and the woman and several friends will also be considered.

If Hayne’s appeal is successful he could face a third trial or be acquitted. 

Hayne has already served six months of his minimum sentence of three years and eight months after being convicted of two counts of sexual intercourse without consent

Hayne has already served six months of his minimum sentence of three years and eight months after being convicted of two counts of sexual intercourse without consent

Hayne has already served six months of his minimum sentence of three years and eight months after being convicted of two counts of sexual intercourse without consent

Hayne has already served six months of his minimum sentence of three years and eight months after being convicted of two counts of sexual intercourse without consent.

He was found not guilty of the more serious charges of aggravated sexual intercourse without consent, inflicting actual bodily harm. 

The retired footballer, who once earned up to $1.2million a season and had a failed stint playing in the NFL, has always maintained his innocence. 

‘I’d rather go to jail knowing I spoke the truth rather than be a free man living a lie,’ Hayne said outside court following a jury’s guilty verdicts. 

His appeal is being held before a three-person panel of Supreme Court judges and is not expected to run beyond Monday.

Hayne spends 17 hours a day inside his prison cell at Cooma Correctional Centre, a medium and minimum security facility 400km south-west of Sydney.

Jarryd Hayne has enlisted the help of NSW Bar Association president Tim Game SC (pictured) in his latest appeal to be heard by the Court of Criminal Appeal

Jarryd Hayne has enlisted the help of NSW Bar Association president Tim Game SC (pictured) in his latest appeal to be heard by the Court of Criminal Appeal

Jarryd Hayne has enlisted the help of NSW Bar Association president Tim Game SC (pictured) in his latest appeal to be heard by the Court of Criminal Appeal

The disgraced footy star (pictured with his wife Amellia Bonnici) has already spent six months behind bars

The disgraced footy star (pictured with his wife Amellia Bonnici) has already spent six months behind bars

The disgraced footy star (pictured with his wife Amellia Bonnici) has already spent six months behind bars

In March a Sydney jury found beyond reasonable doubt Hayne had sexually assaulted the 26-year-old woman in her bedroom on the night of the 2018 NRL Grand Final.

In the days leading up to the assaults Hayne and the woman had communicated over Instagram, Snapchat and texts. ‘You are absolutely gorgeous,’ she told him in one exchange.

The woman claimed when the pair met in person she and Hayne had kissed but she withdrew consent to sex. 

She allegedly suffered injuries during a sexual encounter and required medical treatment.

In text to a loved one after the incident, the victim described how she stopped wanting to have sex with Hayne after learning he had a taxi waiting outside to take him back to Sydney.

The woman sent Hayne a long text message after their encounter claiming he had been 'really pushy' and 'rough'. Hayne responded: 'That's completely untrue! Everything we did you consented to'

The woman sent Hayne a long text message after their encounter claiming he had been 'really pushy' and 'rough'. Hayne responded: 'That's completely untrue! Everything we did you consented to'

The woman sent Hayne a long text message after their encounter claiming he had been ‘really pushy’ and ‘rough’. Hayne responded: ‘That’s completely untrue! Everything we did you consented to’

Hayne spends 17 hours a day inside his prison cell at Cooma Correctional Centre, a medium and minimum security facility 400km south-west of Sydney

Hayne spends 17 hours a day inside his prison cell at Cooma Correctional Centre, a medium and minimum security facility 400km south-west of Sydney

Hayne spends 17 hours a day inside his prison cell at Cooma Correctional Centre, a medium and minimum security facility 400km south-west of Sydney

She recounted she ‘kept saying no’ to the ‘pushy’ athlete and revealed she suffered injuries to her genitalia.

Further messages showed the woman confronting Hayne, saying: ‘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’.

‘I thought you would have at least stayed? I m hurting really badly. I told my Mum you got a nose bleed, but I’m sitting here in my room crying ’cause I feel weird.’

Hayne replied: ‘Go doctor tomorrow’.

Later, Snapchat messages between the pair featured Hayne insisting that what had happened between the pair was consensual. 

That proposition was rejected by a jury of seven men and five women after three days of deliberations. 

In sentencing Hayne, District Court Judge Helen Syme said the victim’s honesty had been tested at length during his trial but the jury believed her, not Hayne.

Hayne pictured with wife Amellia Bonnici. He was sentenced to a non-parole-period of three years and eight months

Hayne pictured with wife Amellia Bonnici. He was sentenced to a non-parole-period of three years and eight months

Hayne pictured with wife Amellia Bonnici. He was sentenced to a non-parole-period of three years and eight months

Judge Syme said Hayne ‘refused to accept the verdict, shows no remorse and refuses to change his attitude towards sex or women’ in a damning indictment of the former Parramatta Eels captain’s continued insistence of innocence.

‘I do not accept that he was not aware she was trying to push him away and physically resisting him,’ she said in her sentencing remarks.

‘I do not accept that he was not aware when she was trying to move away from him on the bed when he was forcing intercourse on her.

‘I have found the offender was fully aware that the victim was not consenting and went ahead anyway.’

Judge Syme said the incident ‘only stopped because of the victim’s injury’ where she ‘bled profusely’. She said it gave insight into the ‘roughness or force’ of his assault. ‘

‘He stopped not because she said to, but because he noticed the blood,’ she said.

‘He didn’t stop because he thought what he was doing is wrong, and he’s never accepted this.’

'I'd rather go to jail knowing I spoke the truth rather than be a free man living a lie,' Hayne said outside court following a jury's guilty verdicts. He is pictured arriving at the NSW District Court in Newcastle in May 2019

'I'd rather go to jail knowing I spoke the truth rather than be a free man living a lie,' Hayne said outside court following a jury's guilty verdicts. He is pictured arriving at the NSW District Court in Newcastle in May 2019

‘I’d rather go to jail knowing I spoke the truth rather than be a free man living a lie,’ Hayne said outside court following a jury’s guilty verdicts. He is pictured arriving at the NSW District Court in Newcastle in May 2019

Jarryd Hayne holds up the State of Origin shield at Brisbane's Suncorp stadium after NSW won the 2014 series

Jarryd Hayne holds up the State of Origin shield at Brisbane's Suncorp stadium after NSW won the 2014 series

Jarryd Hayne holds up the State of Origin shield at Brisbane’s Suncorp stadium after NSW won the 2014 series

His victim recently filed a damages claim for battery and assault in the NSW Supreme Court.

She has filed an ’embarrassingly hopeless’ case against the jailed former NRL star, his lawyer told the court in October.

Barrister David Baran said the case pleaded out a re-enactment of what was alleged in the criminal trial and had a ‘whole multitude’ of issues.

Those issues included no explanation for the torts of battery and assault and no detailing of a claim for aggravated damages, he said.

‘The entire pleading is embarrassingly hopeless,’ Mr Baran told the court in October.

Efforts to rectify the issues had gone unanswered, the court was told and could be impacted by Hayne’s appeal hearing.

‘If the Court of Criminal Appeal overturns it, a number of dimensions of this case change,’ Mr Baran said. 

Hayne is pictured outside Ryde police station after getting bail on charges related to the sexual assault of a woman near Newcastle in 2018

Hayne is pictured outside Ryde police station after getting bail on charges related to the sexual assault of a woman near Newcastle in 2018

Hayne is pictured outside Ryde police station after getting bail on charges related to the sexual assault of a woman near Newcastle in 2018 

Gerard Gooden, representing the woman, also expressed frustrations with the other side, including getting no ‘sensible response’ about proposed suppression orders.

The woman’s identity is suppressed by law but Mr Gooden has proposed having the court suppress identities of all parties, including Hayne.

Mr Baran said Hayne’s convictions couldn’t be used as a fact of the case.

He suggested if it wasn’t removed, Hayne would ask the court to set aside such references, as part of a broader strike out application.

Mr Gooden said the convictions weren’t ‘proof of the facts but they are relevant’.

‘In regard to the pleading, if my friend wishes to agitate that matter, he can put on his motion,’ he told the court.

‘We don’t accept what he’s saying.’

Registrar Karen Jones agreed to adjourn the civil case until February 2 to permit the conviction appeal to be finalised.

TIMELINE TO JARRYD HAYNE’S FOOTBALL DOWNFALL 

Hayne, who has always maintained his innocence, has already filed a ­notice of intention to appeal his sentence for following his rape conviction

Hayne, who has always maintained his innocence, has already filed a ­notice of intention to appeal his sentence for following his rape conviction

Hayne, who has always maintained his innocence, has already filed a ­notice of intention to appeal his sentence for following his rape conviction 

1988: Jarryd Hayne is born in Sydney, the son of Manoa Thompson and Jodie Hayne.

1994: Hayne begins playing junior rugby league in western Sydney.

2006: Hayne makes his NRL debut for the Parramatta Eels aged 18 against the Penrith Panthers.

2007: The speedster makes his representative debut for New South Wales and Australia.

2008: He signs a $2million extension with Parramatta.

2008: Hayne was shot by a bikie gang member during a night out in Sydney’s Kings Cross, an event he said was a turning point in his life.

2008: After missing out on a place in the Kangaroos World Cup squad he plays for Fiji, later turning to religion.

2009: The star fullback leads the Eels to the NRL Grand Final and wins his first Dally M Medal.

2014: Hayne wins a second Dally M Medal and leads the NRL in tries scored.

2014: He announces his departure from rugby league to attempt a career in the NFL.

2015: Hayne signs a three-year contract for US$1.58million with the San Francisco 49ers.

2015: Hayne is accused of raping a virgin during a night out in San Jose, California – an allegation he denies.

2016: He retires from the NFL and joins the Fiji rugby sevens team in the hope of making the 2016 Rio Olympics.

2016: Hayne returns to the NRL, signing with the Gold Coast Titans on a million-dollar contract.

2018: He signs with the Parramatta Eels on a cheap contract.

2018: Hayne is charged with aggravated sexual assault relating to an alleged incident on Grand Final night in the Hunter region.

2021: The footy star is found guilty of rape in Newcastle District Court and sentenced to a minimum term of three years and eight months behind bars.

Hayne is then sued by the young woman he was convicted of raping.

The woman aged in her late 20s is claiming damages for battery and assault in the NSW Supreme Court. 

Hayne is pictured during his NFL experiment playing for the San Francisco 49ers in a game against the Arizona Cardinals at the University of Phoenix Stadium in September 2015

Hayne is pictured during his NFL experiment playing for the San Francisco 49ers in a game against the Arizona Cardinals at the University of Phoenix Stadium in September 2015

Hayne is pictured during his NFL experiment playing for the San Francisco 49ers in a game against the Arizona Cardinals at the University of Phoenix Stadium in September 2015



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