Former NRL player Tristan Sailor has been found not guilty of sexually assaulting a woman after a night out drinking in Sydney.
The 23-year-old former Dragons players was accused of having sexual intercourse without consent at the woman's house in Wolli Creek on October 3, 2020.
The woman he had intercourse with, who cannot be identified, sustained injuries to her genitals and claimed she couldn't have consented as she was asleep, unconscious or too intoxicated.
But Mr Sailor gave evidence she was completely conscious during sex and never seemed overly intoxicated.
A jury in the District Court this afternoon returned a verdict of not guilty on two counts of aggravated sexual assault.
It took the jurors around an hour to come to their decision.
Leaving court today, Mr Sailor declined to take questions but thanked his supporters.
"I think I'll just wait to digest it (the verdict) and then make a statement at a later date," he told waiting media.
Mr Sailor, who is the son of rugby league and union great Wendell Sailor, gave evidence he asked the woman for consent twice as he was mindful that consent could be withdrawn.
He said he aimed to follow the guidance provided through the NRL on respectful relationships and was aware of the "general climate" about accountability by men.
The pair had never met in person before the night in question but had sent flirtatious messages over Instagram in 2019.
The woman joined Mr Sailor and his friends who were drinking at the Beach Road Hotel in Bondi and the jury was shown CCTV of the pair cuddling and kissing throughout the night.
Eventually Mr Sailor, his teammate Eddie Blacker, the woman and her friend took an Uber to the complainant's apartment in Wolli Creek.
The group played drinking games for some time before Mr Sailor and the woman went to her bedroom.
He gave evidence he asked her if she was "sweet" to which she replied "yes" and then soon after asked if she was "sure" she wanted to have sex and "wasn't talking to anyone".
Unusually he also asked the woman's friend if the complainant was "sweet" to which she replied "she's fine, she's wanted to do this all night".
Mr Sailor said after sex the woman appeared "fine" and told him she didn't want him to leave.
The next day, she sent Mr Sailor messages asking "what happened last night?" and said she was too intoxicated to remember if they had had sex.
Mr Sailor said there was never any indication consent was absent or withdrawn and he never intended to cause bodily harm.
He said the woman as "not very" intoxicated at the time and just seemed "happy" and "chatty".
