When former NRL star Jarryd Hayne's rape complainant told him they were not going to have sex, "it was not the end of the game," a court has been told.
"She did not say no to intimacy," defence barrister Phillip Boulten SC told the Newcastle District Court jury at Hayne's trial on Wednesday.
Describing Hayne as one of Australia's greatest rugby league players with more than 400,000 followers on Instagram, Mr Boulten said the woman was sexually attracted to the former Parramatta Eels star, and wanted him to like her and think highly of her.
When she became angry after realising Hayne had a taxi waiting for him outside her house and told him she wasn't going to have sex with him, Mr Boulten said this did not mean she was "putting down the shutters on friendship and intimacy".
He said when Hayne later leaned in a for a kiss on the bed, the woman kissed him back and they moved on to the next stage of intimacy when he performed oral sex on her to please her.
The woman said when she told Hayne "no" and "stop", he pushed her face down into the pillow, ripped off her trousers and attacked her.
She suffered two lacerations to her vagina which Hayne said must have been accidentally caused by him cutting her with his finger.
In his closing address, crown prosecutor Brian Costello told the jury not to have any sympathy for the famous footballer.
Mr Costello said the fact Hayne had reached a level of success and fame few people had achieved in life made no difference when deciding his guilt.
The prosecutor told the jurors they have no discretion to give Hayne "a pass" and find him not guilty of rape because of who he is or the fame he has achieved.
Mr Costello said Hayne had left a group of his footy mates watching the 2018 NRL grand final for one reason - to have sex with a woman he had never met.
He said Hayne believed he had been promised sex after exchanging flirty messages on social media with her.
The crown case against Hayne is he arrived drunk at the woman's house on the outskirts of Newcastle about 9pm on September 30, 2018 - the night of the NRL grand final - and stayed for about 45 minutes, committed two sex acts on her and caused two separate injuries to her genitalia before leaving.
The woman's mother was in the house watching the grand final.
Mr Boulten said on Wednesday the mother's presence in the house made it unlikely Hayne would have attacked the woman.
He said the mother was only 10m away from her daughter's bedroom and Hayne would have known he was taking a risk she would scream if he forced himself on her.
Mr Boulten said Hayne's actions on the night did not show he was "a person hellbent on sex at all costs".
Mr Costello said Hayne had been rough, forceful and inconsiderate trying to get what he had come for when he attacked the woman, injuring her quite significantly.
He said the only thing that stopped the sexual activity was because Hayne had been so rough, causing her injuries.
"The accused's state of mind when this all happened was a guilty one," the prosecutor said.
Mr Boulten said because there was blood everywhere, both Hayne and the woman were in shock and this caused most of the anxiety.
He said because it all went wrong when the woman was injured, it might explain why the woman had subsequently made the sexual assault accusations against Hayne.
Hayne had paid a taxi driver $550 to take him home to Sydney after a two-day bucks party for rugby league player Kevin Naiqama in Newcastle when he decided to pop in to the woman's nearby home.
The woman, now aged 28, later sent text messages to a girlfriend saying she thought Hayne had bitten her vagina and she felt violated after telling Hayne "no" and "stop".
Hayne, 32, has pleaded not guilty to two charges of aggravated sexual assault inflicting actual bodily harm.
The trial continues on Thursday.
Australian Associated Press
