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Jack de Belin 'thought he could do whatever he wanted' to a teenager he and a teammate are accused of raping and 'expected' merely taking off his clothes would led to sex, jury hears as it prepares to decide his fate

Pictured: Jack de Belin

Pictured: Jack de Belin

NRL star Jack de Belin expected he could do whatever he wanted to a woman who was in the closed bathroom of a Wollongong unit, a jury has been told.

'He expected when he walked around naked it would inevitably lead to sex,' prosecutor David Scully said on Tuesday in his final address at the footballer's rape trial.

'He formed the view it was going to happen whether the complainant liked it or not.

'He took that sex by force ladies and gentlemen.'

The St George Illawarra forward, 29, and his friend, Callan Sinclair, 23, have pleaded not guilty to five counts of aggravated sexual assault, saying the early-morning encounter in a North Wollongong unit in December 2018 was consensual.

Mr Scully told the jury de Belin had hoped and indeed expected sex would occur, after meeting the 19-year-old at a bar before the trio went to the unit.

The woman testified she asked to use the bathroom when de Belin led them to the unit 'to charge his phone'.

The prosecutor said if her evidence was accepted about de Belin walking naked into the closed bathroom, it provided an insight into his thought process of expecting he could do whatever he wanted.

De Belin (left), 29, and his friend, Callan Sinclair (right), 23, have pleaded not guilty to five counts of aggravated sexual assault

De Belin , 29, and his friend, Callan Sinclair , 23, have pleaded not guilty to five counts of aggravated sexual assault

A Crown Prosecutor has urged a jury to find NRL star Jack de Belin (right) guilty of sexual assault in court on Monday. Pictured is de Belin with partner Alyce Taylor

 A Crown Prosecutor has urged a jury to find NRL star Jack de Belin guilty of sexual assault in court on Monday. Pictured is de Belin with partner Alyce Taylor

Callan Sinclair, 23, is seen leaving Wollongong District Court on November 18

Callan Sinclair, 23, is seen leaving Wollongong District Court on November 18

Alleging de Belin was the instigator, the prosecutor said while Sinclair may have been shocked and surprised, he had a choice when his friend started doing what he did.

Mr Scully said de Belin's version of events given to the jury was that permission was sought for every movement between the three of them.

'You might think that in creating what the Crown says was a fake version of events, they just went too far,' he said.

Troy Martin, who lived at the unit with de Belin's absent cousin, has testified that he looked into the bedroom and saw the two men while a naked woman was on the bed before the door closed.

She testified to having no memory of there being a housemate but Mr Scully noted she did say something later to two different people about a vague and faint memory of that person.

He contended this was 'perfectly understandable' as it was said to be nothing other than a brief moment in what to her 'was an extremely traumatic series of events where two men repeatedly had sexual intercourse with her without her consent'.

The jury may think that was the focus of her attention at that time and what was burnt in her memory was 'those two men and what they did to her'.

While de Belin had described her as 'just some little chick that was hanging around', he said the Crown submitted the jury could accept beyond a reasonable doubt that nothing that happened in the room was consensual. 

Just before travelling to the unit, the woman had messaged a friend about going to another nightclub.

About the same time, she and Sinclair were not in 'ongoing physical contact' or otherwise behaving in a way to suggest they were soon to have a threesome, Mr Scully said

Crown prosecutor David Scully, who is due to conclude his address on Tuesday morning, has urged the jury to reject the accused men's evidence, and instead find the men guilty on all counts. De Belin is seen arriving at court on Friday

Crown prosecutor David Scully, who is due to conclude his address on Tuesday morning, has urged the jury to reject the accused men's evidence, and instead find the men guilty on all counts. De Belin is seen arriving at court on Friday

Jack de Belin hasn't played in the NRL since he was charged over the alleged rape almost two years ago. He's pictured in action for the NSW Blues in the 2018 State of Origin

Jack de Belin hasn't played in the NRL since he was charged over the alleged rape almost two years ago. He's pictured in action for the NSW Blues in the 2018 State of Origin

There'd been a 'fundamental disconnect' between the complainant's intentions and what the men wanted to do with the woman, he said.

'They wanted to have a threesome with her but the difficulty is - and this is where the fundamental disconnect arises - neither of the accused bothered to tell the complainant that they wanted to go back to the unit, much less to go back to the unit to have sex with her,' Mr Scully said. 

De Belin last week testified the woman responded positively to his threesome proposition, had verbally said 'yes' to coming back to the unit, and never did anything to suggest she wasn't consenting.

Sinclair similarly testified the woman was normal and enjoying the sex.

Sinclair's barrister will address the jury later on Tuesday. 

JACK DE BELIN SEXUAL ASSAULT TRIAL: A TIMELINE

DECEMBER 2018

De Belin is accused of raping a woman at an apartment in Wollongong, south of Sydney, in the early hours of Sunday December 9.

De Belin was charged with aggravated sexual assault on Thursday December 13.

De Belin denied the allegations.

His friend, Callan Sinclair, was charged on December 17.

JULY 2019

De Belin and his co-accused are committed to stand trial.

NOVEMBER 2020

Rape trial begins. 

The pair have pleaded not guilty to five counts of aggravated sexual assault.

November 23

Prosecutor David Scully said the jury should reject the testimony of de Belin about his night with the woman accusing him of rape.

Mr Scully argued there was a 'fundamental disconnect' between the men and the complainant prior to entering a North Wollongong unit in December 2018. 

November 24

Mr Scully is due to conclude his address on Tuesday morning.

Judge Andrew Haesler will give legal directions before the jury begins deliberations 

 

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