According to the court, a woman fabricated claims of sexual assault in order to gain sympathy from her fiance during the trial of Kurtley Beale.
Kurtley Beale’s attorney stated in court that his accuser in the alleged rape case fabricated the accusations in order to elicit sympathy from her fiance.
Margaret Cunneen SC delivered her closing statement on Thursday as the two-week trial nears its end and the jury prepares to deliberate on their decision.
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Beale, aged 35, is being charged with one offense of non-consensual sexual intercourse and two offenses of sexual touching in the NSW district court. The alleged incident took place at Bondi’s Beach Road Hotel in December 2022. Beale has entered a plea of not guilty to all charges.
The unidentified woman claims that Beale sexually assaulted her by touching her buttocks and coercing her into performing oral sex in a restroom stall.
“I want to suggest to you, ladies and gentlemen, that [the alleged victim] is a cunning woman who carefully planned the events of that night,” Cunneen stated to the jury.
“To reverse the situation, to portray herself as a victim, and to garner sympathy and support from others.”
During the court proceedings, Cunneen examined the exchanged messages between the female and her future husband regarding a disagreement that was occurring at the time of the occurrence.
Both the woman and her fiancé have downplayed their interaction as typical, even though they acknowledged that it involved trust and could have been the lowest moment in their relationship.
Cunneen informed the jury that individuals who reported being sexually assaulted were unlikely to have their claims questioned by those closest to them.
She stated that you trust them without hesitation, you don’t question them, you don’t ask “What were you doing?” or anything similar, you simply believe them.
“We understand that this is what individuals are required to do.”
Cunneen discussed in detail a recorded phone conversation between the woman and Beale, which was obtained by police without his awareness and presented as evidence during the trial.
During the phone conversation, Beale expresses remorse to the woman and admits that he misunderstood the situation.
The defense claims that Beale’s apology was not for raping the woman, but rather out of concern for her and a potential misunderstanding of the situation.
Cunneen informed the jury that in order for the offenses to be proven, they must be convinced of multiple factors. These factors include the occurrence of a sexual act and its lack of consent.
“She stated that there is a third crucial element, just as significant as the first two, which is being aware that the supposed victim did not give consent.”
The defense’s final arguments are ongoing.