Jack de Belin rape trial told 'nothing was consensual that night', as alleged victim cross-examined

The complainant in the rape trial of NRL player Jack de Belin has told the court the sex was not consensual and denied suggestions she did not say "no" or "stop".

Mr de Belin and his co-accused, junior rugby league player Callan Sinclair, have both pleaded not guilty to five charges of aggravated sexual assault after meeting the 19-year-old in Wollongong bar Mr Crown in December 2018.

The woman, who cannot be named, previously told the court she agreed to get into a tuk-tuk with the men because she thought they were going to a nightclub.

She claimed Mr de Belin instead took them to an apartment in North Wollongong, adding that both men were telling her they needed to charge their phones.

She said that at first she did not want to go inside, but then asked to use the bathroom.

She told the court she was directed to an ensuite in the apartment and that just as she was doing up her pants Mr de Belin walked in on her, naked, to take a shower.

She said when Mr de Belin came out of the shower he undid her top, forced her onto the bed and took off the rest of her clothes.

Both men then allegedly took turns repeatedly raping her.

Cross-examination continues

On the sixth day of the jury trial in Wollongong District Court, defence barrister David Campbell suggested the woman had started kissing Mr Sinclair while Mr de Belin was in the shower.

"You had been doing that for the period Mr de Belin had been in the bathroom?" Mr Campbell said.

"No," the woman said.

"I suggest that Mr de Belin went over to the area where each of you were with a towel around his waist?" he asked.

"No," she responded.

"He did not undo your top in the manner you describe?" Mr Campbell asked.

"Yes, he did, he did undo my top, and yes, I was standing right there between the ensuite, near the wall and the bed," she said.

The complainant also rejected suggestions she saw a third man in the apartment.

She also later denied telling two of her work colleagues she saw another man in the apartment.

'Nothing was consensual'

Mr Campbell suggested the consensual intimacy had started with an act of oral intercourse.

"The act of course, which can be signified with the 'V' signal and a tongue?" Mr Campbell asked, referencing a claim he made earlier in the trial about a gesture the complainant made while dancing with a group of people, including the accused, at Mr Crown.

"No," the woman responded.

"And that is how sexual relations between you and these men began this night — this is what I suggest?" Mr Campbell said.

"No," she replied.

"And I suggest that following the oral sex, he then had consensual penile sex with you?" Mr Campbell said.

"Nothing was consensual," she responded.

Mr Campbell also pressed the complainant on why she did not cry out.

"Can I suggest to you that at no point did you say 'stop' or 'no'?" Mr Campbell asked.

"I did," she responded.

Questions about alleged injuries

During her previous evidence, the complainant said Mr de Belin had choked her to the point she thought she would pass out.

Mr Campbell asked her why, if that were true, she did not have finger or thumb marks around her neck the next day.

"I suggest to you that if there was the activity of the type that you have described took place there would have indentation marks from fingers," he said.

"No there would not," the woman said.

"And the reason there were none is because this event did not take place," Mr Campbell said.

"It did take place," the woman said.

The defence also suggested that after the incident the complainant had an upset look on her face for just a few seconds when she asked Mr Sinclair whether Mr de Belin had a girlfriend.

"Dr Mr de Belin say to you, 'Babe, it is OK — me and my girlfriend are on the rocks, it is no drama'?"

"No, he never said that," the woman said.

The cross-examination of the witness has concluded and the trial continues.