Jury to rule on consent in Kurtley Beale rape case
Whether or not a woman consented to sexual intercourse with rugby star Kurtley Beale will be a central decision for jurors as the footballer's rape trial nears its conclusion.
After a week-and-a-half of evidence, crown prosecutor Jeff Tunks began his closing address on Wednesday before the jury retires to make its decision later in the week.
Beale, 35, is facing one count of sexual intercourse without consent and two counts of sexual touching in the NSW District Court, following an exchange at Bondi's Beach Road Hotel in December 2022.
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The woman, who cannot be legally identified, says Kurtley Beale touched her backside and forced her to perform oral sex in the toilet cubicle. Kate Geraghty
He has pleaded not guilty to all of the charges.
The woman, who cannot be named for legal reasons, alleges Beale touched her backside and forced her to perform oral sex in a men's toilet cubicle.
Beale's lawyer Margaret Cunneen suggested during the trial that the woman willingly initiated sex with Beale as a result of relationship issues she was having with her fiance.
But Tunks invited jurors to find the woman was "staunchly consistent" in saying that she did not consent to any sexual activity with Beale.
He said they must also ask themselves whether Beale was "reckless as to whether she consented or not".
The jury was again shown CCTV footage taken from the pub on the night of the incident, displaying the movements of Beale and the woman up until they enter the bathroom.
"The accused opens the door, enters the men's bathroom," Tunks said.
"(The alleged victim) enters through the still open door and the door swings shut."
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Wallabies player Kurtley Beale arrives at Sydney's Downing Centre District Court (with wife his Maddi Beale and barrister Margaret Cunneen SC) for day two of his trail on sexual assault charges against a woman at a Bondi Beach pub. January 23, 2024. Rhett Wyman
The woman initially told police she was not certain who followed who into the bathroom, but later told others that Beale followed her in.
"What you make of that is a matter for you," Tunks told the jury.
While inside, the woman claims Beale followed her into a cubicle and almost immediately removed his penis from his pants, before forcing it into her mouth.
During the trial the woman claimed she said "no" a number times and told Beale, "You're married, I'm engaged, we can't".
"The crown case is she's saying 'no' on more than one occasion," Tunks said.
He added the jury might have found the woman's evidence to have had a "somewhat defiant" or "combative" tone, particularly during cross-examination.
"Whether you found her evidence to be appealing or likeable is not the point," he said.
Jurors were asked to keep in mind the circumstances of the woman's testimony after she was forced to divulge "extremely private and delicate aspects of her personal life".
"She sat in this courtroom, in that witness box, in a room full of strangers," Tunks said.
"She was asked to describe sexual acts to that group of strangers."
Throughout her nearly four days of evidence, the woman was grilled on a range of factors including her choice of outfit on the night and use of drugs and alcohol.
"You might think of course in 2024 what someone chooses to wear on a night out is not an issue in a criminal trial," Tunks said.
The defence is due to deliver its closing submissions on Thursday.
1800 RESPECT (1800 737 732)
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).
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