A woman’s laugh and other signs of happiness soon after she was allegedly raped by NRL footballer Jack de Belin doesn’t suggest she was happy to be with the men, she told a jury.
The woman claims the St. George Illawarra, 30) striker and boyfriend Callan Sinclair, 23, sexually assaulted them several times in one unit in December 2018.
Both men have pleaded not guilty to all charges against them, stating that all sexual acts in North Wollongong’s bedroom with the then 19-year-old were consensual.
A jury from the Sydney District Court viewed the video surveillance of the trio on their return to the Wollongong CBD shortly after the incident on Friday.
De Belin’s attorney David Campbell SC suggested that the woman’s laughter and other behavior as the trio passed night owls did not make a “representation” of a woman who didn’t want to be there.
But the woman, who cannot be identified, said she played along and laughed because she felt she had to do it until she found time to “get away”.
“In this environment, when I feel uncomfortable and people are there, I try not to see that I need help,” she said.
She denied claims that she was laughing “quite hysterically” or that she had previously told the court “a story” about the night in question.
“No, I wasn’t lying,” she said.
“I may not have remembered everything, but I had a traumatic experience.”
The jury will review recordings of questions and answers submitted in an earlier incomplete process.
Attention was also drawn to CCTV footage recorded in Mr Crown’s Wollongong bar before de Belin, Sinclair and the woman went to the nearby unit.
The court heard the woman kissed Sinclair at the bar, but the kisses were “funny” rather than “passionate”.
After watching the video surveillance, she accepted that she had also made a V-sign in the direction of Sinclair, indicating oral sex, and allowed him to touch her breasts.
The story goes on
Mr Campbell said there was “a clear indication … of intimate affection” between the two.
She said she could not remember and claimed she was not and “still not” attracted to Sinclair.
The Krone claims that the woman took a taxi with the men to the unit under the misunderstanding that they all drove to a different bar.
Despite her protests within the unit, de Belin was “determined” to have sex with the woman and “did not want to take no for an answer,” prosecutors said.
The woman says she cried and “just let it happen” as the men cheered each other on and took turns in different positions.
But Mr Campbell says that the applicant’s evidence has a “fundamental problem of credibility” and that the men “vigorously, forcefully, repeatedly and consistently” denied something unpleasant.
Sinclair faces five charges of aggravated sexual assault, while de Belin faces four charges.
A fifth charge against de Belin – aggravated sexual assault in society – relates to the first case of sexual intercourse, in which he allegedly also intentionally or recklessly inflicted actual physical harm.
The process will continue on Monday.