Alleged rape victim denies saying yes, yes

Margaret Scheikowski
·2-min read

Jack de Belin's alleged rape victim has repeatedly told a jury "nothing was consensual that night", denying she took off her top and positioned herself on the bed lying on her back.

She also denied a suggestion that during "the entirely consensual" sexual acts with the NRL star and his friend Callan Sinclair she used the words "yes, yes".

"No, I was saying 'no, stop'," she said under cross-examination in the Wollongong District Court on Monday.

De Belin, 29, and his 23-year-old friend have pleaded not guilty to the aggravated sexual assault of the then 19-year-old woman after meeting her in Wollongong bar Mr Crown in December 2018.

They say their sexual contact was consensual.

The woman has testified that she thought the trio was headed to another club in the early hours of December 9 before de Belin led the group to a North Wollongong unit "to charge his phone".

She said initially she told the men she'd wait outside before asking to use the bathroom.

She denied a suggestion by de Belin's barrister, David Campbell SC, there had been no discussion about her using the bathroom before they entered the unit.

"There was talk about the bathroom - why would I go to someone's room if I don't know the place?" she said.

She also denied a suggestion she was kissing Sinclair in the bedroom while de Belin was in the bathroom, before he came up behind her with a towel around his waist which he then dropped.

After she said she remembered his "wet body coming off me on my back", Mr Campbell described this as a "new flourish" to her evidence.

"I still remember that pain every time I get into the shower," she said.

"That is what trauma does, it makes you remember what happened before."

She also denied lying on the bed naked when a third man came to the door.

"The man who came to the room was, I suggest ... a flatmate of the owner of the room you were in," Mr Campbell said.

"No," she replied.

She denied later telling two people about the presence of a third man whom she thought was a roommate.

Sinclair's barrister, Craig Smith SC, also suggested the woman had kissed his client, taken her top off herself and been complimented on her breasts.

She denied kissing, undressing or being complimented saying the men told her to show them her "rack" or "tits".

Mr Smith suggested that after the sexual contact, the woman looked at Sinclair for a few seconds with an upset-look saying: "Jack, Jack, has got a girlfriend".

"I had an upset look for the whole time," she replied.

"Did Mr de Belin say 'it's OK, me and my girlfriend are on the rocks, it's no drama'?" Mr Smith asked.

"No he never said that," she replied.

The trial continues.