Aussie star has conviction quashed in case where he claimed ‘bad sex’ defense
Australian former rugby league player Jarryd Hayne, 33, has won an appeal against a sexual assault conviction after he was found guilty last year of sexually assaulting a 26-year-old woman in her home on the evening of the 2018 National Rugby League (NRL) grand final.
Hayne, who was briefly a crossover star in the NFL with the San Francisco 49ers, was jailed for a maximum five years and nine months in May 2021 – but has won an appeal after his legal team argued that the jury in the trial had been given "flawed" instructions in a case which captivated Australia.
Hayne's lawyers also argued that a vocal outburst during the trial in which the woman yelled "no means no" was prejudicial and had an unfair influence on the jury.
Hayne, who spent the majority of his playing career representing Sydney's Parramatta Eels, was found guilty in a second trial after the first ended in a hung jury.
In his first trial it was argued by prosecutors that Hayne had sexually assaulted the woman, causing her two injuries – but he denied the charges, saying that the encounter was consensual and that any injuries obtained by the woman were entirely accidental.
However, in his sentencing last May Judge Helen Syme argued that Hayne had been aware that the woman had not given her consent but that he proceeded regardless.
The prosecution had alleged that Hayne arrived intoxicated at the woman's home on September 30, 2018 and was anticipating a sexual encounter “the quicker the better,” according to Crown Prosecutor Brian Costello – and that he had told a taxi to wait for him outside the property with the meter running.
The court also told that Hayne injured the woman while performing oral sex on her, and that he had searched for a song by popular British singer Ed Sheeran on the woman's laptop in a bid to “to break the ice” – however Hayne denied that the intention of doing so was to persuade the woman to have sex with him.
He also denied deliberately leaving a AUS$50 note behind, saying that the money must have fallen out of his pocket when he was checking his phone.
Hayne, according to his barrister, caused the woman “a lot of pain, discomfort, and grief” due to his poor sexual performance – but added that he is guilty of nothing more than “terrible” sexual prowess.
Judge Syme noted, though, that the woman had "said no several times" and stated that there was no doubt as to the reliability of her version of events.
"The use of force was such that the victim had no prospect of stopping him physically," said Syme last year.
"He was at least twice her weight at 100 kilograms and an athlete at the top of his form."
A date for what would be a third trial is expected to be confirmed at a bail hearing later this week but scheduling backlogs in the Australian criminal justice system mean that it may not be heard until 2023.
There is also a possibility that prosecutors could withdraw the case if they expect that there is a reasonable doubt that another jury could find Hayne guilty – or that he could agree a deal to plead guilty to a lesser charge.
Hayne was also accused of sexual assault in the United States in 2015 but was never charged. He settled a civil case out of court and paid the alleged victim a sum of $100,000.
He made 214 appearances in club rugby league, scoring 121 tries. He also represented Australia 11 times and Fiji 10 times in international competition.
