Co-authored by: Isabel Strahan
KEY TAKE-OUTS:
- Former NRL superstar has been found guilty of two counts of sexual intercourse without consent.
- Jarryd Hayne has been convicted and sentenced to four years and nine months imprisonment.
Jarryd Hayne, an NRL superstar and household name, has fallen from grace and traded in his coveted Eels jersey for prison greens.
The former NRL star, Daily M winner and San Francisco 49er has now been sentenced and imprisoned for two counts of sexual intercourse without consent. In this article, we will attempt to break down the charges, the trial and the verdict to further examine the nature of the offences.
The Offence
Prior to the date of the incident, Hayne and the victim had exchanged several messages over Instagram. After two weeks of messaging, the messages turned sexual in nature.
On the 30th of September 2018, Hayne had messaged the victim to inform her that he would be in Newcastle and attending a Buck’s party. Later that night, Hayne paid a taxi driver $550 to drive him back home to Sydney following a stop at the victim’s house. The taxi driver, Helen Morel, noted that he was intoxicated however, was told to wait outside of the victim’s home with the meter running.
The victim indicated that she heard the taxi horn beep and immediately felt as if Hayne was ‘only there for one thing’.
Hayne made his way into the victims’ bedroom. She described his actions as ‘forceful’, ‘fast’ and ‘rough’ and indicated that she had told him ‘no’ and ‘stop’ multiple times. Hayne continued to perform oral sex and penetration using his finger. The result of his rough nature left the victim with two lacerations to her genitalia. Hayne exited the home and went back to Sydney leaving the victim while she was still bleeding.
Following the incident, the victim texted Hayne and explained to him how much pain she was in. Hayne replied with three words: ‘go doctor tomorrow’.
The Charges
Hayne was charged with two counts of sexual intercourse without consent under section 61i of the Crimes Act 1900. This offence carries a maximum penalty of 14 years imprisonment.
To establish the offence, the prosecution needs to prove the below elements beyond a reasonable doubt:
- The accused has sexual intercourse with another person,
- They did not have the victim’s consent,
- The accused knew that the victim did not give consent, was reckless as to the acquisition of consent or did not have the reasonable grounds to believe that the other person consented.
What is classified as sexual intercourse within the Crimes Act 1900 (NSW) is found within section 61HA and includes:
- Penetration to any extent of the female genitalia or anus of the person, by any part of, or an object used by, another person,
- Introduction of a penis into the mouth of another,
- Cunnilingus, or
- The continuation of any of the abovementioned activities without consent.
It is important to note that if you have been charged with sexual intercourse without consent, it is essential to obtain legal advice as soon as possible in relation to potential defences and likelihood of success in defending the charges against you.
The Trial and Verdict
Hayne plead not guilty to both counts. However, the jury, comprised of six men and six women, found Hayne to be guilty of both offences.
Despite the gruesome nature of the offences, Judge Graham Turnbull told Sydney Downing Court that Hayne’s offending behaviour was ‘below mid-range’, and he had a ‘seemingly low risk of reoffending’.
The Judge emphasised Hayne’s physical size and stature and went as so far as to say that he has ultimately used the victim as ‘some kind of sexual object’.
Hayne was sentenced to four years and nine months in prison.
Despite the verdict, Hayne continues to maintain his innocence.
ABOUT LARA MENON:
Lara Menon joined the Coutts Lawyers & Conveyancers team in August 2018, working within our Criminal and Family Law teams. Her swift advancement from Paralegal, Law Graduate, Lawyer, Senior Lawyer and most recently, Senior Associate in February 2022, is a testament to her astute legal skills and commitment to client service excellence.
Earlier in 2019, Lara was selected by the NSW Law Society to undertake an internship with the NSW Coroner’s Court, working as a Judge’s Associate for the Deputy State Coroner.
For further information please don’t hesitate to contact:
Lara Menon
Senior Associate
info@couttslegal.com.au
1300 268 887
ABOUT ISABEL STRAHAN:
Isabel joined the Coutts team in January 2022, as a Paralegal working within our Family & Criminal teams. She is currently studying a Bachelor of Laws and Bachelor of Arts, Majoring in International Relations and Minoring in Cultural Studies at the University of Wollongong. It is her dedication and hardworking nature that will see her go far within Coutts.
For further information please don’t hesitate to contact:
Isabel Strahan
Paralegal
info@couttslegal.com.au
1300 268 887
Contact Coutts today.
This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever to this blog, including all or any reliance on this blog or use or application of this blog by you.
