New twist to Hayne’s alleged US rape case
RUGBY League player Jarryd Hayne has reached an agreement with an American woman who has accused him of rape which will allow him to give evidence in Australia for the US civil case.
The former Parramatta Eels fullback was accused of sexual assault by a young woman known only as JV when he played for the San Francisco 49ers in 2015.
Police declined to prosecute Hayne over the alleged rape but the victim is pursuing him in civil court, with the case still set to go to trial in 2020. Hayne denies the claims.
In court papers seen by News Corp that were lodged last week, it was confirmed Hayne and his two character witnesses, footballers Bryce Poisel and Timothy Dengate, would not have to travel to San Jose to testify in the Northern District of California District Court.
Poisel and Dengate had previously been scheduled to travel to California in order to give their character evidence.
Instead the trio will be deposed in mid-April in Sydney.
The court order was made due to the "defendant's present inability to leave the country".
Hayne, 30, who is out of contract with the NRL, faces separate criminal sexual assault charges in Australia for an unrelated matter. Hayne is defending the charges.
He handed himself in to Sydney police last November after being charged with aggravated sexual assault and inflicting actual bodily harm two months earlier.
Police will allege the woman was bitten by the father-of-one during a brief sexual encounter in the Hunter Valley. That matter is before NSW courts.
Hayne has formally denied the he sexually assaulted the young American woman and said they never had sex.
JV is pursuing Hayne civil court for the alleged rape, which she says happened when she was a virgin and came after a night of heavy drinking at a Santa Clara bar in December 2015.
Hayne's US lawyer, Mark Baute, lodged papers last year denying the allegations and saying JV "consented to all actions that took place, including all actions she now claims were non-consensual".
Baute further claimed JV had spoken to Hayne's Santa Clara flatmate the morning after the alleged rape and shown no sign of distress.
'The Plaintiff followed Defendant out of a bar on the night of the alleged incident, ordered an Uber using the Defendant's phone to take them both to where the Defendant was staying, and willingly engaged in sexual interaction that did not include sexual intercourse," court papers lodged last year said.
Hayne said JV headed home from his "apartment of her own volition, and did not report, show or claim any injuries to anyone after the alleged incident".
The woman filed her suit in December 2017, alleging Hayne assaulted her while she was "unable to consent" to sex.
"Mr. Hayne brought our client back to his home, approached her in the dark, turned her around as to not face him and told her 'no kissing'," JV's lawyer John Clune said.
"He then had nonconsensual sexual intercourse with her, causing her significant physical pain."
JV also said she woke up the next morning "still experiencing tremendous vaginal pain, she was naked covered in a single sheet on a bed with a large pool of blood next to her".