A rugby league player accused of sexually assaulting a woman and leaving without saying a word has given evidence that he asked if she would "keep it quiet", not because he had done anything wrong, but because he didn't want his girlfriend to find out.
Hunter "footy boys" Hayden Charles Topliss and Ryan Matthew Hawkshaw are facing a joint trial in Newcastle District Court after pleading not guilty to charges stemming from the early hours of April 22, 2023.
Prosecutors allege the good mates had been out drinking before they forced an 18-year-old woman into having a threesome with them despite her repeated requests to stop.
Topliss, now 37, who also goes by Toppa, took to the witness box on Monday to detail his memories of how that night unfolded.
Topliss said they had been at the Scone RSL club for up to 10 minutes when Hawkshaw showed him a message indicating someone would pick them up and take them back to "Toppa's".
He said Hawkshaw said words to the effect of "we could be on here".
Topliss said he did not know who the message was from but took it to mean the woman "could be keen" to come inside and have a threesome.
After the 18-year-old woman picked the pair up and took them to Topliss's house, the trio went inside and had a beer in the kitchen before Hawkshaw and the woman went to a spare room to have consensual sex.
Topliss said he "assumed" Hawkshaw and the woman had spoken about him joining before Hawkshaw called and told him to come into the room.
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He agreed he never asked the woman if a threesome was okay but said that "she was enjoying being there, she knew it was my house".
The prosecution case is that Topliss entered the room naked before he and Hawkshaw performed sexual acts with the woman without her consent.
Topliss denied pushing the woman onto the bed or directing her head or body in any way. He repeatedly disagreed with allegations put to him by Crown prosecutor Charisse Hodgeman, including that he ejaculated on the woman's face.
He said he stopped the sexual activities and walked out without saying anything. He said the woman did not appear to be upset or distressed when she left the house.
The court heard Topliss sent a message to Hawkshaw later that morning asking "do you know her, will she keep it quiet".
Topliss gave evidence he had sent that message "100 per cent" because he did not want his then-girlfriend to find out, and not because he was concerned he had done anything seriously wrong.
He agreed also texting "holy hungover", but said it was not possible that alcohol could have affected his memory of the events that took place in the bedroom.
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.
He has also denied one charge of sexual touching without consent after the 18-year-old woman alleged he grabbed her hand on a dance floor about a year after the alleged assault, in April 2024, and made her touch his genitals through his shorts.
Ms Hodgeman closed the prosecution case on Monday, telling the jury the alleged victim had given evidence that was textured, detailed, nuanced and inherently believable.
Topliss's barrister Sharyn Hall began closing his defence case that afternoon. She said the woman was "prepared to do whatever it took to impress" Hawkshaw, including "having sex with his friend".
The trial continues.
