Deleted messages sent by a woman who alleges she was raped by Jarryd Hayne showed she was initially interested in the former NRL star, but that could have quickly changed, a court has heard.
Hayne has pleaded not guilty to two counts of sexual intercourse without consent. He maintains the sex was consensual and is facing his third trial over the allegations in the NSW District Court.
On Thursday, the jury heard texts sent between the alleged victim and one of her friends discussing whether to invite Hayne to her home were deleted from her phone when she handed it over to police.
In the string of messages from 2018, the 28-year-old woman said she would only agree to see Hayne on September 30 if her friend wasn’t going to spend time with her that night.
“I feel like a f—ing idiot, are you coming over?” one text read to the jury on Thursday said.
“If we aren’t going to keep talking, I’m going to say yes to Jarryd … otherwise, I won’t let him.”
The friend told the court he thought she was joking and chose not to respond to most of her messages because he was out with a friend for lunch.
“You honestly lost me at Jarryd Hayne is your side boy,” he replied, adding four laughing emojis to the text message.
Crown prosecutor John Sfinas says the woman’s attraction to Hayne had never been in dispute, and that she may have consented to sex at some point in time.
But Mr Sfinas argued there may have been “moments between the idea and reality which dissolved that possibility”.
That moment may have occurred when she realised he had told a taxi to wait outside her home.
Hayne visited the woman’s suburban Newcastle home after a friend’s bucks party on NRL grand final night in 2018.
It’s alleged he pulled the woman’s jeans off and performed the sex acts on her for about 30 seconds before she began to bleed.
The court has been told Hayne did not consider the possibility that his actions would injure the complainant’s genitalia and that this was not his intention.
The jury has previously heard that seeing the taxi was a defining moment for the woman and learning it was waiting to drive Hayne to Sydney made her desire to have sex with him “evaporate”.
“Finding out he was en route to Sydney, she realised she was nothing more than a diversion,” Mr Sfinas said on Thursday.
The woman’s original intentions also do not mitigate the objective fact that she sustained a genital injury after her encounter with Hayne, the prosecution argued.
-AAP
