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Only blood stopped Hayne's alleged assault

Greta StonehouseAAP
Former NRL star Jarryd Hayne is on trial over claims he raped a woman at her house in Newcastle.
Camera IconFormer NRL star Jarryd Hayne is on trial over claims he raped a woman at her house in Newcastle.

It was not a young woman's protests of "no" that stopped a "rough" and "forceful" Jarryd Hayne's alleged sexual assault on her, a Sydney jury has heard.

It was her blood - on her bed and all over his hands.

Video evidence from the Newcastle woman, who cannot be named for legal reasons, was played before the NSW District Court on Tuesday in the second trial of 33-year-old Hayne.

The former NRL star has pleaded not guilty to two charges of aggravated sexual assault inflicting actual bodily harm on the then-26-year-old woman.

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He had been celebrating a bucks weekend in Newcastle when he arranged to meet-up for the first time at the home she shared with her mother shortly after 9pm on September 30, 2018.

The woman felt excited and extremely nervous to finally meet the footballer after messaging him via Instagram a year prior, telling him "you're absolutely gorgeous".

But following minimal conversation and a "weird" singalong to Ed Sheeran he had proposed, she noticed a taxi outside her home, and her heart sank.

"I felt like he had only come there for one thing ... I felt saddened cause I realised he must of only seen me in one type of way," she said.

She went from feeling like her relationship with the former State of Origin player may evolve to thinking he was a sleaze.

The taxi driver who was paid to take Hayne back to Sydney then knocked on the door to inquire why he was taking so long "to pick up a bag".

"There was no way in hell I was going to touch him. I was angry, hurt and sad," she said.

Once back inside her bedroom, Hayne continued trying to kiss her despite her repeating the words "no," and "no Jarryd," and at one point pushed her face into the pillow, she says.

As she tried to hold her jeans up, in one movement he pulled them off and put his face down into the crotch area.

The alleged sexual assault lasted for about 30 seconds.

"It was forceful and fast, that's why I can't say for sure how the injury was done ... with his mouth, his teeth, his nails or a ring ... I was numb."

Then she became aware she was bleeding.

"I think that's what stopped him, but I saw it first on the bed."

The pair both moved quickly into the bathroom. Hayne washed his hands while she had a shower.

As her vagina began stinging badly, she told him: "I'm really hurting."

Hayne said "I better go" soon after, to which she responded that he had blood on his lip. After washing again, he repeated that he should go and let himself out.

"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," she wrote to him in a text after he left.

His only reply was "Go doctor tomorrow".

Hayne does not deny the sexual activity occurred but thought the protests were to sexual intercourse, and the woman willingly and voluntarily consented to other acts he performed on her, defence lawyer Richard Pontello has argued.

He said the resulting injury was not inflicted recklessly, was entirely accidental and Hayne had been apologetic at the time.

Defence barrister Phillip Boulten SC said flirting and sexual messages had been a constant theme between the pair.

"I suggest you were sending photos and videos because you wanted him to be sexually interested in you," he said.

"Yes we were flirting," she responded.

She had been open to the idea of having sex with him "if it went that way," and agreed she adopted a fairytale approach to meeting him in hoping they would continue to talk more after, she said.

But that evening she repeatedly protested and weeks after the incident sent a message to Hayne saying she had said no from the start and that he appeared "blind drunk" at her house.

"That's completely untrue! Everything we did you consented to," he responded.

The trial continues.

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