The jury in the trial of two Hunter "footy boys" accused of sexually assaulting a woman by forcing her into a threesome has retired to begin determining their fate.
Ryan Matthew Hawkshaw and Hayden Charles Topliss are facing a joint trial in Newcastle District Court after pleading not guilty to charges stemming from the early hours of April 22, 2023.
The jury has heard conflicting accounts of what allegedly unfolded inside the spare bedroom of Topliss's house at Scone that Saturday morning.
The court heard during closing addresses that an 18-year-old woman had described the alleged sexual acts as "torture".
Topliss's defence barrister Sharyn Hall, SC, said the trial heard evidence the woman went home and told her sister "I think I've been raped", which Ms Hall characterised as a "vague or obscure" complaint.
She said Topliss's account of what had unfolded - including that he never got an erection, stopped the sexual acts and left the room without a word - was "hardly very gratifying" for anyone involved.
She argued that could be why the alleged victim told her sister she thought or believed she had been assaulted.
"It was just a really bad sexual encounter, and that's how it made her feel," Ms Hall said in her closing address.
The Crown case was that the 18-year-old woman had picked up Hawkshaw and his mate Topliss, also referred to as Toppa, after the men had been out drinking alcohol.
The trial heard she took them back to Topliss's house, where she and Hawkshaw began having consensual sex.
The woman alleged Hawkshaw told Topliss to come into the room despite her repeatedly saying she did not want to have a threesome with them, and they allegedly assaulted her.
Topliss and Hawkshaw gave evidence earlier in the trial where they repeatedly disagreed with allegations put to them by Crown prosecutor Charisse Hodgeman.
They both maintained that some sexual acts took place in the bedroom but all were consensual.
Topliss was further accused of sexually touching the same woman on a dance floor about a year later, in April 2024, which he denied.
Ms Hall said CCTV footage played in court during the trial did not show this "episode" the jury had heard about.
Ms Hall, and Hawkshaw's defence barrister Caitlin Akthar, urged the jury in their closing addresses to consider the evidence of the alleged victim closely, and whether the Crown had proved its case.
Ms Hodgeman closed the prosecution case on Monday, telling the jury the alleged victim had given evidence that was textured, detailed, vivid, nuanced and inherently believable.
Ms Hodgeman said the alleged victim was unshaken and firm when she denied during cross-examination if she had re-written what had happened.
Topliss and Hawkshaw have each pleaded not guilty to four counts of having sexual intercourse without consent while in the company of each other.
Topliss has pleaded not guilty to a further count of having sexual intercourse without consent and sexual touching without consent.
They were arrested in September 2024 after the alleged victim went to police in April that year.
The jury of 12 men and women retired to begin deliberations just after 3pm.
