Jarryd Hayne has filed legal documents disputing an allegation he raped a woman in 2015, saying the woman gave “implied consent” to their “sexual interactions” and that they never engaged in intercourse.
The American woman, named in legal proceedings as Ms V, filed a civil suit in December 2017 alleging the former San Francisco 49ers player raped her two years prior.
The lawsuit claims the woman met Hayne at a bar after a game between the 49ers and the Cincinatti Bengals NFL teams.
Ms V alleges she was heavily intoxicated when Hayne travelled with her in an Uber back to his San Jose home, and that the sexual assault occurred upon arrival.
The legal filing states that as Ms V was intoxicated at the time, she was unable to give consent to any sexual encounters. It alleges she has suffered sexual battery, gender violence, emotional distress and negligence as a result of the incident.
Ms V states she was a virgin at the time, and has experienced significant vaginal pain due to the encounter.
Hayne’s lawyer Mark Baute filed a response last week, saying their encounter was consensual, that Ms V demonstrated that consent by travelling back to Hayne’s home, that there was no sexual intercourse, and that she left in the morning after a “cordial” discussion with Hayne.
Regarding Ms V’s reported vaginal injuries, Hayne has argued they must have been sustained in unrelated circumstances.
The matter will be heard in court on April 10.
The lawsuit comes after a criminal case was dismissed by the District Attorney’s Office, who said there was not enough evidence to prove rape beyond reasonable doubt.
If you would like to talk to a counsellor about sexual assault, give the people over at 1800 RESPECT a call on 1800 737 732.