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AAP
National
Duncan Murray

Woman 'curated' Beale rape allegation, lawyer argues

Kurtley Beale's barrister Margaret Cunneen SC (left) has delivered her closing address at his trial. (Dan Himbrechts/AAP PHOTOS)

Kurtley Beale's alleged rape victim has been accused of concocting the sexual assault to gain sympathy from her fiance as a two-week trial draws to a close.

The rugby star's lawyer, Margaret Cunneen SC, delivered her closing address on Thursday before the jury retires to consider its decision, potentially by the end of the week.

"Ladies and gentleman, I don't shrink from suggesting to you that (the alleged victim) is a manipulative woman who curated the circumstances of the night," Ms Cunneen told the NSW District Court jury.

"To turn the table, to turn herself into a victim and to become someone who everyone had to feel sorry for and support."

Kurtley Beale
The prosecution relies on "recklessness", Beale knowing there was a chance the woman didn't consent. (Bianca De Marchi/AAP PHOTOS)

Beale, 35, is facing one count of sexual intercourse without consent and two of sexual touching, following an incident at Bondi's Beach Road Hotel in December 2022.

The woman, who cannot be legally identified, claims Beale touched her backside and forced her to perform oral sex in a toilet cubicle.

During the trial, Ms Cunneen probed text messages between the woman and her fiance about a dispute they were having at the time of the incident.

Both of the pair have played down their exchange as normal, saying it did not threaten to end their relationship.

Ms Cunneen said while sexual assault is a dreadful and abhorrent crime, what is also terrible are false allegations of sexual assault.

"That's what has happened in this case ladies and gentlemen," Ms Cunneen said.

"A false allegation made to try to change the dynamic in one's own difficult time of life."

Ms Cunneen told the jury when someone says they have been sexually assaulted, those closest to them are unlikely to question it.

"You don't doubt them, you don't cross-examine them, you don't say, 'well what were you doing?' or anything like that, you just accept it," she said.

"We know that that's what people must do."

In concluding his side's closing submission on Thursday, crown prosecutor Jeff Tunks said the prosecution case relies on "recklessness", that Beale knew there was a chance the woman did not consent but went ahead anyway.

Mr Tunks said it is a matter for jurors whether they believe the woman's version that she repeatedly told Beale "no".

Margaret Cunneen (left) and Kurtley Beale (centre, file image)
Beale's apology was not for having raped the woman but out of concern for her, the court was told. (Bianca De Marchi/AAP PHOTOS)

Ms Cunneen spoke at length about a phone call between the woman and Beale that was recorded by police without his knowledge and played during the trial.

In the call, Beale apologises profusely to the woman, telling her he "misread" the situation.

According to the defence version, Beale's apology was not for having raped the woman but out of concern for her and potentially having misunderstood the situation.

"Sorry doesn't mean 'I'm guilty'," Ms Cunneen said.

"Sorry means, 'I'm sorry that you're feeling like that'."

Ms Cunneen said the jury had to be satisfied of several elements for the offences to be proven, including that a sex act occurred and that it was non-consensual.

"There's a third element just as important as the first two," she said.

"Knowing that the alleged victim had not consented."

According to the defence case, Mr Beale was "going with the flow" with a woman who was "flirting with him all night".

"There's never been a dispute that there was a sexual act involving a mouth and a penis," Ms Cunneen said.

"The act happened with a woman who was very much a part of how it all got set up."

The jury is expected to begin deliberations on Friday.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

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