Jobs Events Advertise

Woman 'curated' Beale rape allegation, lawyer argues

Duncan Murray -

Kurtley Beale's alleged rape victim has been accused of concocting the sexual assault to gain sympathy from her fiance as a two-week trial draws to a close.

The rugby star's lawyer, Margaret Cunneen SC, began her closing address on Thursday before the jury retires to consider its decision.

Beale, 35, is facing one count of sexual intercourse without consent and two of sexual touching in the NSW District Court, following an incident at Bondi's Beach Road Hotel in December 2022.

The woman, who cannot be legally identified, claims Beale touched her backside and forced her to perform oral sex in a toilet cubicle.

"Ladies and gentleman, I don't shrink from suggesting to you that (the alleged victim) is a manipulative woman who curated the circumstances of the night," Ms Cunneen told the jury.

"To turn the table, to turn herself into a victim and to become someone who everyone had to feel sorry for and support."

During the trial, Ms Cunneen probed text messages between the woman and her fiance about a dispute they were having at the time of the incident.

Both the woman and her fiance have played down their exchange as normal, despite admitting it was to do with trust and may have been the lowest point in their relationship.

Ms Cunneen told the jury that when someone claimed to have been sexually assaulted, those closest to them were highly unlikely to question it.

"You don't doubt them, you don't cross-examine them, you don't say, 'well what were you doing?' or anything like that, you just accept it," she said.

"We know that that's what people must do."

Ms Cunneen spoke at length about a phone call between the woman and Beale that was recorded by police without his knowledge and played during the trial.

In the call, Beale apologises to the woman, telling her he "misread" the situation.

According to the defence version, Beale's apology was not for having raped the woman but out of concern for her and his possible misunderstanding of the situation.

Ms Cunneen told the jury they had to be satisfied of several elements for the offences to be proven, including that a sex act occurred and that it was non-consensual.

"There's a third element just as important as the first two," she said.

"Knowing that the alleged victim had not consented."

The defence closing submissions are continuing.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

Duncan Murray - AAP

   Related   

Debbie Kilroy slams Queensland's expansion of youth detention, and calls for community solutions
Queensland Premier Steven Miles and Youth Justice Minister Di Farmer initiated the construction of a new 80-bed youth detention...
Joseph Guenzler 1 Mar 2024
Canada's largest private sector union condemns arrest of First Nations journalist, warns of threat to democracy
Canada's largest private sector union has slammed the arrest and charging of an Indigenous journalist as a threat to "Canadian n...
Giovanni Torre 1 Mar 2024
Mystery around locations of native forestry plan
The location of native forest parcels slated to be logged in Tasmania under a Liberal government election pledge may not be made...
Ethan James 1 Mar 2024
DOBBY, Emma Donovan amongst new Indigenous Literacy Foundation ambassadors
National charity the Indigenous Literacy Foundation has announced musician DOBBY, singer Emma Donovan, TV personality Bianca Hun...
Callan Morse 1 Mar 2024

   Duncan Murray   

DOBBY, Emma Donovan amongst new Indigenous Literacy Foundation ambassadors
National charity the Indigenous Literacy Foundation has announced musician DOBBY, singer Emma Donovan, TV personality Bianca Hun...
Callan Morse 1 Mar 2024
Matildas star Fowler backed despite club issues
Matildas coach Tony Gustavsson says Mary Fowler’s significant lack of playing time for Manchester City is not troubling him as...
Ed Bourke 1 Mar 2024
Retired Grand Slam champ Ash Barty shows her skills in quest for NZ Pro-Am Championship
Ash Barty put on her competitive face once again in her quest for the New Zealand Pro-Am Championship with a brilliant chip fr...
NCA NewsWire 1 Mar 2024
Raging Amazon fires threaten Brazil's Yanomami people
Brazil's northernmost state of Roraima is suffering a sharp spike in wildfires, threatening the crisis-wracked Yanomami Indigeno...