Jury retires as third Jarryd Hayne rape trial closes

Former NRL player Jarryd Hayne's barrister has told a Sydney jury evidence from the woman he is accused of sexually assaulting is not enough to convince them he's guilty.

The NSW District Court jury retired to consider its verdict on Monday, following a two-week trial. 

Margaret Cunneen SC told jurors the woman "was much less than honest" with police, gave inaccurate evidence and "put the boot in", accusing Hayne of sexual assault after a "disappointing" end to a meeting she had insisted on.

Hayne, 35, has pleaded not guilty to two counts of sexual intercourse without consent and is facing a third trial over the allegations.

The woman he is accused of assaulting cannot be identified for legal reasons. Her previously recorded evidence was played to the jury in closed court.

Prosecutors allege the woman conveyed she was not consenting through her words and actions after Hayne arrived at her suburban Newcastle home on the night of the 2018 NRL grand final, on September 30.

The matter was referred to police by the NRL's Integrity Unit in November.

Hayne was a star player for the Parramatta Eels, represented NSW in State of Origin and played internationally for Australia and Fiji during his professional career.

Ms Cunneen told the jury the woman did not want to go to police, because she knew no crime had been committed.

"This accelerating train that starts when someone gets wind of an allegation of sexual assault is very hard to jump off," Ms Cunneen said in her closing address on Monday.

Media reports presented a "more damaging picture" of Hayne than the jury knows was the case, she added.

"You're not here to determine whether everything Mr Hayne does is the nice thing, the polite thing," she said.

She labelled as distractions, the evidence of Hayne leaving a taxi waiting outside the woman's home and a bottle of pre-mixed alcohol on her letterbox, which she reminded the jury he picked up when he returned to the taxi.

"These are the things that don't really help you with your determination," she said.

Hayne faced serious criminal charges requiring proof beyond a reasonable doubt, and his evidence about what occurred should be accepted as being "at least a reasonable possibility", the barrister said.

"Not that you would think this, but even if you thought Mr Hayne was probably guilty, that's not enough," Ms Cunneen said.

"If there was a fairly hurried intimate encounter … something disappointing happens, a person can be sad and alone and looking for help.

"And if you don't get help by telling the truth you might embellish it."

Ms Cunneen said text messages sent to Hayne were deleted from the woman's phone and other messages to a solicitor she communicated with on social media were initially concealed.

She said the woman "upped the ante" after telling a friend of the encounter and being told "that's rape".

Judge Graham Turnbull reminded the jury Hayne had the same presumption of innocence and benefit of doubt as any other person facing a criminal accusation.

His evidence should be assessed for reliability and truthfulness in the same way as other witnesses, including the woman's, the judge said.

He also directed jurors not to resort to stereotypes or pre-conceived ideas.

"There's no typical or normal response to non-consensual sexual activity," he said.

The jury of six women and six men are considering a verdict.