What can we learn from rugby league’s rape trials? There has to be a better way

The justice system is failing victims of sexual assault. But what can be done about it?

Dec 15, 2020

Former NRL player Jarryd Hayne leaves Newcastle Court (Image: AAP/Darren Pateman)

The following article discusses sexual assault.

Two high profile rugby league players (State of Origin heroes, no less). Two rape trials. Two hung juries. Probably not surprising that 2020 would deliver such a non-result, but it smacks of something more than coincidence that the cases of both Jack de Belin and Jarryd Hayne will have to go to retrial next year after their juries failed to reach a unanimous (12-0) or majority (11-1) verdict either way.

I am not suggesting anything untoward with respect to the juries or conduct of the trials and, as the cases remain sub judice, I have nothing to say about the particulars of either case. My interest is in what the outcomes say about the legal system response to allegations of sexual assault.

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About the Author

Michael Bradley

Crikey columnist @marquelawyers

Michael Bradley is a freelance writer and managing partner at Sydney firm Marque Lawyers, which was created in 2008 with the singular ambition of completely changing the way law is practised.