Several men who allegedly engaged in group sex with teenage women during a bucks party weekend either knew they did not consent or were reckless to that fact, a jury has been told.
Maurice Hawell, 30, Marius Hawell, 22, and Andrew David, 30, are accused of committing sexual crimes against three teenagers at a rented Newcastle apartment in February 2022.
Barristers representing Maurice Hawell and Andrew David told jurors their clients had sex with the three women, but it was entirely consensual, while Marius Hawell has denied taking part in any sexual activity.
One of the alleged victims who went willingly back to the apartment on the Saturday night said she was in a room with one man when the others entered, causing her to feel “scared and anxious”.
Crown prosecutor Craig Evans told a jury during closing submissions on Monday that the men’s actions demonstrated their “state of mind” in seeking group sex regardless of consent.
“[They were] looking to take advantage of an opportunity to turn this situation into group sex; by request and if no agreement, a state of mind to carry on anyway,” he said.
The men were taking part in a bucks weekend before Maurice Hawell’s upcoming wedding, a trial at Sydney’s Downing Centre district court was told earlier.
He, his younger brother Marius and seven other men stayed at the Airbnb, and visited a nearby pub where they met and asked a number of women back to the three-bedroom apartment, the jury heard earlier.
Two of the women agreed to go back to the unit on Friday night, where consensual sex took place with Maurice Hawell, David and another man who has not been criminally charged, the jury heard.
Afterwards, the two women discussed leaving before going to retrieve their phones from a darkened bedroom, the jury was told.
When they entered the room, they were then allegedly pushed onto the bed, stripped naked and forced to have sex with at least three men.
One of the women described during her evidence feeling a “swarm of people” around her, none of whom she could identify.
“The way they’re taken into the room, it being dark,” Evans said. “The circumstances prove that there’s no consent.”
Describing exactly who performed which sexual act was impossible because the room was dark, but prosecutors allege the three men were engaged in a joint criminal agreement to rape and sexually touch the women.
A third alleged victim was brought into the flat the following night after Maurice Hawell followed her down the street from the bar, grabbing her hand as she reached his door, Evans said.
Each of the men has pleaded not guilty to a number of charges, including sexual intercourse without consent, sexual touching without consent and attempted sexual touching without consent.
The men’s lawyers are expected to deliver their closing submissions starting from Tuesday.