Regretted consent continues to be consent: lawyer | Bega District Information

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Regretted consent is still consent: lawyer | Bega District News

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The approval, which is later regretted, is still approval, the jury was told in the rape trial against footballer Jack de Belin and his friend Callan Sinclair. “One could easily conclude that they did not treat the complainant as carefully as they should have,” said Sinclair’s attorney Craig Smith SC on Tuesday. “Let me get this point straight … with sensitivity, determination, and respect.” The consent given at the relevant time but later regretted is still consent. “In his final address to the Wollongong District Court jury admitted Mr Smith suggested it wouldn’t. Sinclair, 23, and the 29-year-old NRL and NSW State of Origin star pleaded guilty not to five cases of aggravated sexual assault on a unit in North Wollongong in December 2018 was amicable. De Belin’s attorney David Campbell SC, who will continue his address on Wednesday, highlighted the “strong” evidence of his client’s good character and the content of secretly taped conversations as the defendant repeatedly suggested consensual sex. Mr Smith noticed CCTV footage of Mr Crown Bar which he said included dancing with the 19-year-old woman, touching her breasts and kissing passionately. “Everyone has the right to have a good dance, young women and men, and everyone has the right to interest one another,” he said. Her “affection”, especially for Sinclair, and attraction didn’t stop or go away, and there was nothing wrong with what she was doing. “When they left Mr. Crown, they joined,” he said. The jury was able to come to the conclusion that each of the three knew that they would not go to another club, but somewhere else. Recordings of her ride in a tuk-tuk after leaving the bar showed that it was a “happy time”, not the “angry” time described by the woman. “The applicant’s evidence was the whole reason they left town so the two boys could charge their phones,” he said. But he asked if it made sense that two men who were on a Santa pub crawl would go home to do that or even get changed. “Or does it make more sense for three people to go somewhere by mutual agreement?” he asked. Regarding phone tapping, he said they did not know it was being taped. “Every time there is talk of sexual activity, it is consensual sexual activity,” he said. “One might think that the suggestion of sexual assault in the phone tapping is utterly incredulous.” Prosecutor David Scully previously alleged that de Belin expected he could do anything he wanted to the woman. She said she went to the bathroom in the unit when he came in with no clothes on. “He expected if he walked around naked it would inevitably lead to sex,” he said. “He believed it would happen whether the complainant liked it or not.” He took that sex by force, ladies and gentlemen. “Mr Scully said this was de Belin’s version of the events given to the jury that permission was obtained for any movement between the three. “You might think that they simply went too far in creating a fake version of events as the Crown says,” he said. “The version they gave sounds inherently implausible.” Australian Associated Press

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November 24, 2020 – 5:18 pm

The approval, which is later regretted, is still approval, the jury was told in the rape trial against footballer Jack de Belin and his friend Callan Sinclair.

“One could easily conclude that they did not treat the complainant as carefully as they should have,” said Sinclair’s attorney Craig Smith SC on Tuesday.

“Let me get this point straight … with sensitivity, firmness, and respect.

“The approval given at the relevant time but later regretted is still approval.”

In his last address to the Wollongong District Court jury, Mr. Smith stated that they were not convinced of the accuracy or reliability of the evidence in the complaint.

Sinclair, 23, and the NRL and NSW State of Origin star, 29, have pleaded guilty to five serious sexual assaults. The early morning encounter at a unit in North Wollongong in December 2018 was consensual.

De Belin’s attorney, David Campbell SC, who will continue his address on Wednesday, highlighted the “strong” evidence of his client’s good character and the content of secretly recorded conversations as the defendant repeatedly referred to consensual sex.

Mr Smith noticed CCTV footage from the Mr Crown Bar where he wanted to dance, touch the breasts and kiss passionately with the 19 year old woman.

“Everyone has the right to have a good dance, young women and men, and everyone has the right to interest one another,” he said.

Her “affection”, especially for Sinclair, and attraction didn’t stop or go away, and there was nothing wrong with what she was doing.

“When they left Mr. Crown, they joined,” he said.

The jury was able to come to the conclusion that each of the three knew that they would not go to another club, but somewhere else.

Recordings of her ride in a tuk-tuk after leaving the bar showed that it was a “happy time”, not the “angry” time described by the woman.

“The applicant’s evidence was the whole reason they left town so the two boys could charge their phones,” he said.

But he asked if it made sense that two men who were on a Santa pub crawl would go home to do that or even get changed.

“Or does it make more sense for three people to go somewhere by mutual agreement?” he asked.

Regarding phone tapping, he said they did not know it was being taped.

“Every time there is talk of sexual activity, it is consensual sexual activity,” he said.

“One might think that the suggestion of sexual assault in the phone tapping is utterly incredulous.”

Prosecutor David Scully previously alleged that de Belin expected he could do anything he wanted to the woman. She said she went to the bathroom in the unit when he came in with no clothes on.

“He expected if he walked around naked it would inevitably lead to sex,” he said.

“He believed that whether the complainant liked it or not, it would happen.

“He took this sex by force, ladies and gentlemen.”

Mr Scully said de Belin’s version of events given to the jury was that permission was obtained for any movement between the three.

“You’d think what the Crown was saying was a fake version of events, they just went too far,” he said.

“The version they gave sounds inherently implausible.”

Australian Associated Press