Jury told circumstances at Newcastle bucks party prove no consent

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.

The men were taking part in a bucks weekend ahead of Maurice's upcoming wedding, a trial at Sydney's Downing Centre District Court was told earlier.

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.

On Monday, crown prosecutor Craig Evans said in closing submissions to the jury the circumstances of the Friday night proved the women did not consent.

Maurice Hawell, 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, 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," Mr Evans said.

"The circumstances prove that there's no consent."

According to the evidence of one of the women, her clothing was removed while the men forced themselves on her, orally and vaginally.

"(The alleged victim) does not know who's trying to have sexual intercourse with her and she's not consenting," Mr Evans said.

"She couldn't see.

"If they didn't know that she wasn't consenting, they were at least reckless to her 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, Mr Evans said.

After agreeing to go into the apartment for drinks, the woman said she was led into a darkened bedroom where she was raped by Maurice Hawell and David, who took turns swapping sexual positions.

Part-way through, Marius Hawell came into the room and watched, Mr Evans told the court.

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 trial continues.

Australian Associated Press