The woman accusing Kurtley Beale of groping and sexually assaulting her at a pub will give evidence as the rugby player fights the accusations.
Crown prosecutor Jeff Tunks expects the woman to tell Beale’s trial jury on Wednesday about her interactions with him at the Beach Road Hotel at Bondi Beach in Sydney’s eastern suburbs in December 2022.
Mr Tunks has said he expects her to tell the jury about Beale allegedly touching her buttocks in the public area of the bar, before allegedly grabbing the back of her head and placing his penis in her mouth inside a cubicle in the men’s bathroom.
The 35-year-old rugby union star has pleaded not guilty and is on trial in the NSW District Court facing one count of sexual intercourse without consent and two counts of sexual touching.
The court will be closed when the woman gives evidence and she cannot be identified for legal reasons.
Beale’s barrister Margaret Cunneen SC told the jury on Tuesday there was no force involved.
“What happened was not only entirely consensual but in fact, the defence case is, it was instigated by (her),” she said.
She reminded the jury that Beale was entitled to the presumption of innocence, urging it to consider the woman’s “honesty and reliability” when she gave evidence.
The jury viewed a digital map of the venue created by forensic officers in August, showing the inside of the bathroom where the alleged non-consensual oral intercourse was said to have occurred.
A compilation of CCTV footage exceeding two hours was also played to the jury, capturing one of the alleged instances of sexual touching said to have occurred in the public bar area.
“It is most important for you to interpret and make up your own mind about what you see in the footage,” Mr Tunks told the jury before the footage was played.
Ms Cunneen argued it was “not a criminal sexual touching” in the circumstances of a group that had been repeatedly touching and holding each other throughout the night.
She added that Beale was “affectionately touching” two people.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028