Jarryd Hayne claims: Where does he go from here?

 

AS SCANDAL engulfs Jarryd Hayne following a rape claim by a woman in the United States, the effects on his life and career could be massive.

The woman, identified only as "J.V", has filed a civil complaint in California alleging the then San Francisco 49ers player took her back to his home and raped her when she was drunk in December 2015.

Since this is a civil case, the Parramatta Eels star cannot go to jail, but if the complainant prevails he could have to pay a large sum in compensation, and face serious damage to his career.

 

The NRL star ‘unequivocally and vehemently’ denies the allegations. Picture: Shae Beplate
The NRL star ‘unequivocally and vehemently’ denies the allegations. Picture: Shae Beplate

 

His Australian lawyer Ramy Qutami said Hayne "unequivocally and vehemently" denies any wrongdoing, and co-operated with a police investigation at the time.

Ms V reported the matter in May 2016, but Santa Clara County prosecutors declined to charge the Australian NFL player because of insufficient evidence.

Now, the woman has hired John Clune, one of the highest profile lawyers in US sport, who has represented several women who have accused professional and college athletes of sexual abuse.

Mr Clune was involved in the settlement of a lawsuit alleging rape against retired Los Angeles Lakers star Kobe Bryant. His firm has also sued several universities alleged to have been financially responsible for college athletes assaulting women.

The alleged rape took place while Hayne was in the US with the 49ers.
The alleged rape took place while Hayne was in the US with the 49ers.

The lawsuit filed at The Superior Court of California, County of Santa Clara, San Jose, on Tuesday accuses Hayne of sexual battery, battery, gender violence, intentional infliction of emotional distress and negligence.

The woman is seeking financial compensation for "emotional pain, anguish and severe distress".

In a criminal case, the burden of proof lies with the prosecutor, who must establish the defendant's guilt beyond a reasonable doubt.

In civil cases, the plaintiff must prove their claim to be true on the balance of probability.

The case will come before a judge, who (in the event they find for the plaintiff) may order the defendant either to pay money or perform a specific action.

Colorado lawyer Mr Clune said that at the time his client was so intoxicated she was "unable to consent to sexual intercourse".

Ms V, who had recently become friends with some of Hayne's acquaintances, states that he joined them on an evening out at a San Jose bar, where she had "minimal interaction" with the Australian.

Friends who were at the bar said she was more intoxicated than they had ever seen her. She claims she hardly remembers the Uber ride back to Hayne's home, passing out in the car.

Her complaint states she remembers entering the building and then him flipping her over on a bed and telling her, "No kissing", before she felt a sharp pain in her vagina. She alleges she woke the next morning, still in pain, in a pool of blood under a sheet. She took his underwear in case she needed evidence.

NRL star Jarryd Hayne has been accused of raping a woman during his time in the US with the San Francisco 49ers
NRL star Jarryd Hayne has been accused of raping a woman during his time in the US with the San Francisco 49ers

Ms V says she had never had sex before, and continues to suffer pain to this day. She later messaged Hayne through Instagram about what had happened. He said they had "hooked up", but it was consensual.

Ms V said she was worried she would not be believed because of his status and was afraid to go to the police, but did so after a medical examination several months later.

Reports today indicate Hayne will not face any match suspensions, unlike former Manly Sea Eagles star Brett Stewart, who missed four games at the start of the 2009 NRL season over sexual assault allegations - he was later found innocent.

An NRL spokesman said: "We note that the police in the United States did not proceed with any criminal proceedings but we will review the information available and continue to monitor the civil case."

Hayne's club Parramatta Eels said in a statement: "As with any legal matter it is important we follow due process and ensure we review all relevant information available, including giving Jarryd the opportunity to respond."

A San Francisco 49ers spokesman said it was an "alarming allegation".

Hayne left the NRL to try American football with the 49ers but after a standout preseason and playing the first six games of the regular NFL season, he was dropped to the team's practice squad. He was promoted back to the 53-man roster in December and played two more games before quitting to try out for the Fiji rugby sevens team ahead of the Rio Olympics.

He missed the cut and returned to Australia, signing with NRL club the Gold Coast Titans before rejoining his old club Parramatta Eels in November.

 

If you or someone you know needs to talk about sexual harassment or assault, call 1800 RESPECT.

 

The burden of proof is less than in a criminal case. She only has to prove the allegations to be true ‘on the balance of probabilities’ rather than ‘beyond reasonable doubt’
The burden of proof is less than in a criminal case. She only has to prove the allegations to be true ‘on the balance of probabilities’ rather than ‘beyond reasonable doubt’
Prosecutors refused to pursue a criminal case when she reported the alleged rape in May 2016 because of insufficient evidence
Prosecutors refused to pursue a criminal case when she reported the alleged rape in May 2016 because of insufficient evidence
The woman has requested financial compensation
The woman has requested financial compensation
She has engaged a high-profile sports lawyer who has successfully sued over sexual assault previously
She has engaged a high-profile sports lawyer who has successfully sued over sexual assault previously
The woman is suing over sexual battery, battery, gender violence, intentional infliction of emotional distress and negligence
The woman is suing over sexual battery, battery, gender violence, intentional infliction of emotional distress and negligence
The former NFL player reportedly told the plaintiff via Instagram that the sex was consensual and they had ‘hooked up’
The former NFL player reportedly told the plaintiff via Instagram that the sex was consensual and they had ‘hooked up’
The suit claims Hayne engaged in non-consensual sexual intercourse with a California woman named J.V in December 2015
The suit claims Hayne engaged in non-consensual sexual intercourse with a California woman named J.V in December 2015
Hayne was accused of rape in a civil suit filed in Santa Clara County on Tuesday
Hayne was accused of rape in a civil suit filed in Santa Clara County on Tuesday


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