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Newcastle Herald
Newcastle Herald
National
Anna Falkenmire

Trial told of a knock in the night and an upset sister saying: 'I believe I got raped'

A woman knocked on her sister's bedroom door and woke her in the night to tell her "I believe I got raped", the trial of two Hunter footballers has heard.

Scone "footy boys" Hayden Charles Topliss and Ryan Matthew Hawkshaw are accused of forcing the 18-year-old into having a threesome with them in the early hours of April 22, 2023.

In their joint trial in Newcastle District Court on Thursday, the sister of the alleged victim gave evidence that there was a knock on her bedroom door and she was woken sometime between 3.30am and 4am on the morning of the alleged assault.

She told the court the first thing her sister said was "I believe I got raped".

"She sounded upset and nervous, and rushed," she said.

"She told me she was going to have a shower and go to bed."

The witness said she and her sister never went into too much detail about what allegedly happened and she only found out "all the gruesome details" when they later went to police.

But, she said if they saw the men, her sister would "point them out" and say "that's the guy that raped me" about Topliss.

The witness said her sister told her she believed Topliss, known as "Toppa", had assaulted her because she "didn't give consent" and "didn't want to do it".

The alleged victim had earlier given evidence that she had not initially seen Hawkshaw as the bad guy but later realised what he had allegedly done was also sexual assault.

The trial previously heard the alleged victim had picked both men up from the local RSL club, driven them to Topliss's house, and started having consensual sex with Hawkshaw before he allegedly asked if "Toppa" could join.

The Crown case is that the woman said no and started putting her clothes on before Topliss entered already naked, pushed or shoved her onto the bed, and started pulling her pants down.

Prosecutors allege Hawkshaw and Topliss performed non-consensual sex acts with the woman and repositioned her while she repeatedly told them to stop.

The Crown case is that Hawkshaw left the spare bedroom and Topliss continued the alleged assault, before ejaculating on her face and also leaving.

The court heard it was not until about a year later, after a second alleged incident on a dance floor where the woman claimed Topliss forced her hand onto his genitals through his shorts, that the sisters began fighting and their mother initiated a discussion.

The witness gave evidence her sister was "bawling her eyes out" and initially refused to talk about what had allegedly happened to her.

The witness said her sister had not wanted to go to the police because she was embarrassed and did not want to be called a liar.

The mother gave evidence that she confronted her daughters after being awoken in the early hours of April 21, 2024, when they came home from a night out yelling at each other.

She said her daughter told her about what had allegedly happened on the dance floor earlier that night and how Topliss and Hawkshaw had had "their way with her" the year before.

"I said she needed to report it to protect other women, so this doesn't happen to other people," the mother said.

The witnesses cannot be named to protect the identity of the 18-year-old woman.

The complainant went to police in the days after the alleged dance floor incident, and Topliss and Hawkshaw were arrested in September 2024.

They 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 further charges of having sexual intercourse without consent and sexual touching without consent.

The trial continues in Newcastle District Court.

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