Jarryd Hayne could be 'served' while NRL star is in Israel
THE legal team representing the woman at the centre of the Jarryd Hayne rape allegations is furious the rugby league star is in Israel and may seek orders that he be served with her claim while abroad.
Under Californian law, Hayne can be served by publication, meaning that even if they can't track down Hayne, they can still require him to answer to the rape allegations by printing a notice in a local newspaper.
This can happen by permission of a judge's order when a defendant cannot be found to accept delivery of legal documents. The notice of publication must conform to certain legislated guidelines in the areas of process and format.
It is understood, the woman - identified as Ms V in legal documents - and her legal team want to fast track the matter and are considering serving Hayne under this provision while he is in Israel.
Hayne, 29, has "unequivocally and vehemently" insisted he never raped a drunk 25-year-old while playing gridiron for the San Francisco 49ers in December, 2015.
The woman, a restaurant worker, has launched a civil claim against Hayne in California.
The celebrated State of Origin star, a devout Christian, had previously been in Jerusalem, where he was baptised in the Jordan River, before briefly returning to Australia for his daughter's birthday.
Hayne flew back out before landing in Israel yesterday morning, Australian time.
However, even if Hayne files a defence to the claim, a trial is most likely to be up to a year away.
Hayne has categorically denied that he raped Ms V on December 21, 2015 at his San Jose apartment after a night out drinking at a Santa Clara bar with the woman and mutual friends.
In the civil lawsuit brought by the woman, she claims she met Hayne through friends following a game between the San Francisco 49ers and the Cincinnati Bengals.
Hayne allegedly took the woman back to his luxury San Jose apartment in an Uber after which she claims he grabbed her and turned her around "so she was no longer facing him" and said "no kissing" before raping her.
The woman, who says she was a virgin, woke the next morning and "noticed a large pool of blood on the sheets next to her as well as blood on her vagina", according to court documents.
It was only when she took herself to hospital in April 2016, still having severe pelvic floor pain, that a doctor reported it. She then made a statement to police in May around the same time that Hayne announced his shock decision to quit the 49ers and play in Fiji's rugby sevens team.
The woman is still said to be in physical pain following the alleged assault.
She says she did not go to police earlier because she feared she wouldn't be believed because of how drunk she was.
The legal action facing Hayne includes allegations of sexual battery, gender violence, infliction of emotional distress and negligence.
Hayne's Sydney lawyer rejected the woman's claims.
"Mr Hayne and his management are aware of recent media speculation in relation to a civil complaint filed in the United States of America making certain allegations in relation to an event which allegedly occurred in 2015 while playing for the San Francisco 49ers," Ramy Qutami, of Madison Marcus Law Firm, said.
"Mr Hayne previously addressed a complaint made to the District Attorney's office in the County of Santa Clara in 2016 and the District Attorney did not proceed any further with the matter due to insufficient evidence to substantiate the allegations.
"Mr Hayne has not been served with any proceedings or formal complaint relating to the incident," he said. "Mr Hayne unequivocally and vehemently denies the allegations which are the subject of the civil complaint."
A spokesman from the Santa Clara District Attorney's office, which reviewed the San Jose Police Department's investigation into the criminal complaint, would not comment on the matter other than to say that there was "insufficient evidence to file criminal charges".
Some residents at the apartment complex where Hayne lived during his time with the 49ers, recognised the Australian when showed a picture of him but said he largely "kept to himself".
"His car would stop alongside the building and he would jump in and out," said one resident who asked not to be named.
Another said he often saw Hayne shooting hoops at a basketball court across the road.
Hayne refused to talk to reporters who were awaiting his arrival in Israel.