An 18-year-old woman texted her friend describing the alleged gang rape by three men at a stag party as “fun” before later calling it “dangerous”.
Andrew David, 30, and brothers Maurice Hawell, 30, and Marius Hawell, 22, have pleaded not guilty to charges of aggravated sexual assault in company, attempted aggravated sexual assault in company and aggravated sexual contact.
The trio had been enjoying a bachelor party for groom-to-be Maurice over a weekend in February 2022 when they allegedly gang-raped three teenage girls at an Airbnb.
Prosecutors say the three men sexually assaulted two 18-year-old women in a darkened room on Friday night before attacking a 19-year-old woman the following night.
Maurice and Mr David maintain that all sexual activity was consensual, while Marius claims he did not participate in any of the sexual incidents during the stag weekend.
The three men faced a trial lasting several weeks in the New South Wales District Court over allegations they were involved in a joint criminal enterprise that was reckless with the women’s consent.
In his closing address to the jury on Tuesday, Maurice’s barrister Richard Pontello SC said texts between the alleged 18-year-old victims showed one of them found his alleged rape “amusing and humorous”.
On March 8, 2022, the first teenager messaged her friend saying she “had a lot of emotions going through her” after speaking to police and that she had experienced “a massive meltdown for half an hour.”
Maurice Hawell has denied gang-raping three teenage girls during his stag night in Newcastle in 2022.
“I feel scared, ashamed, sad, angry and very depressed,” the 18-year-old said.
“I don’t think it’s a funny situation anymore. It’s very serious.”
The second teenager, who was allegedly gang raped in the next bed, said the police interview had “scared” her and she was struggling with her own emotions.
“Like I thought it was funny and all until now, I realized how dangerous and serious it is,” the first teen responded.
Mr Pontello argued that the first teenager had described the events of Friday night as “fun because nothing criminal happened” at the Airbnb.
He suggested she may have changed her mind because she was “embarrassed by group sex,” especially after being contacted by police.
The texts undermined the 18-year-old’s credibility because she denied finding the events amusing when she took the stand during the trial, Pontello said.
Marius Hawell has denied engaging in sexual activity that weekend.
In a conversation with a friend shortly after the alleged gang rapes, the court heard the second teenager characterised the alleged gang rapes as “an orgy”.
The description “was not consistent with an allegation of non-consensual sexual intercourse,” Pontello argued.
“That conversation alone would give you a reasonable doubt about Maurice’s guilt,” he told the jury.
The two 18-year-olds told the court they were pushed onto beds in a dark room and could not see the three men who allegedly took turns sexually assaulting them.
Crown prosecutor Craig Evans said it was clear the women were not consenting because they were allegedly pinned to the beds and unable to move, and “could not see” the men.
However, Mr Pontello said the second teenager had done nothing to prove her lack of consent and pointed to her evidence that she had pretended to enjoy herself during the alleged gang rape.
“Under those circumstances, how on earth is Maurice supposed to know that (the 18-year-old) was not giving consent?” he asked.
The second teenager initially stated that she had consented to all sexual activities that night when she made a sworn statement to police, the court heard.
Mr Pontello argued that her subsequent change of mind about her statement “destroys (her) credibility” regarding consent.
“If she was lying to police, as she claimed in court… then she is a liar on the critical issue of consent,” he told the jury.
‘How can you be sure she’s telling the truth now?’
Mr Pontello suggested jurors would be satisfied that the second teenager had consented to all sexual activities at the Airbnb rented by the bachelor party.
As for the 19-year-old woman who was allegedly gang-raped by Maurice and David on Saturday night, Pontello said there were inconsistencies in her account.
Her claim that Maurice had grabbed her arm at the entrance to the Airbnb was “demonstrably false” and had been contradicted by CCTV footage, he said.
Andrew David has also denied charges of gang-raping three women.
Mr Pontello said the 19-year-old may have been motivated to file a sexual assault complaint with police out of fear that someone had filmed her during the alleged incident.
He said the teenager had told a triple-zero operator about the alleged footage, which is not part of the case against the men, before divulging details of the alleged rape.
In the closing remarks of her closing address on Wednesday, Mr David’s barrister Sharyn Hall SC said the jury would have to determine the crucial question of whether the Crown had proven the three men knew their alleged victims were not consenting.
All three men deny that there was any agreement to engage in sexual activities with the three teenage victims without their consent or in a manner reckless with respect to their consent.
Judge Gina O’Rourke will summarise the evidence in the case on Thursday before the jury retires to deliberate.
