Rugby star Kurtley Beale told a woman he allegedly raped he "misread the whole situation" and profusely apologised to her, in a secretly taped phone call.
The 35-year-old is facing a NSW District Court trial charged with one count of sexual intercourse without consent and two counts of sexual touching related to an alleged assault on the woman at Bondi's Beach Road Hotel in December 2022.
The woman, who cannot be named for legal reasons, alleges Beale touched her bottom and later forced her to perform oral sex in a toilet cubicle.
The former Wallabies playmaker has pleaded not guilty to the charges, with his lawyer arguing the sexual interaction at the Sydney pub was consensual.
In a phone call Beale did not know was being recorded by police, he told the woman he thought "it was on" and expressed concerns she could damage his public profile by pursuing the matter further.
“I was super f***ing pissed but no excuses in that regard," Mr Beale said in the call, which was played to a jury on Tuesday.
“I’m so sorry I made you feel like this. I misjudged the whole situation. Now I’m f***ing nervous."
The recorded phone call took place between the pair on January 19, 2023 - about a month after the alleged rape occurred.
Beale initially told the woman he did not remember seeing her on the night but later suggested that “we hooked up".
"We didn’t really hook up," the woman replied in the taped call.
The woman earlier told the jury a "heavily intoxicated" Beale touched the bare skin of her bottom while they were in a main bar area, and later grabbed her head and thrust his penis forcefully into her mouth inside a locked cubicle in the men's toilet.
“We went to the men’s bathroom and then I thought for some reason it was on," Beale said in the call.
“You got your dick out,” the woman tells him.
"Yeah I remember, I remember,” Beale replied.
The woman asked Beale why he pursued her when she kept telling him "no".
"Maybe it’s just my blurred vision and kind of not understanding the situation," Beale replied.
The rugby player's barrister, Margaret Cunneen SC, earlier told the jury there was no force involved in the alleged rape and the defence case was that the complainant consented.
The alleged victim faced intense cross-examination by Ms Cunneen on Tuesday afternoon, during which she was grilled about the specifics of what occurred on the night including her outfit and an argument she had with her fiance earlier in the day.
She told the court Beale followed her into the cubicle, but doesn’t remember who followed who into the men's bathroom area.
Ms Cunneen earlier urged the jury to consider the woman’s honesty and reliability when giving evidence.
During the phone call Beale also said he remembered touching the woman on the bottom, an act he described as "inappropriate".
“F***, sorry about that," he said.
"It was not OK at all, I’m just kind of recollecting now.”
Beale repeatedly expressed concerns the incident could become public and damage his reputation.
“How do I know you’re not going to take things further?" Beale asked.
"Because of my profile and stuff.
“Can we deal with it in a civil way or a way that’s kind of protecting both of us.”
The woman told Beale that both of them had to deal with the consequences of his actions.
“I can’t tell you how f***ing s*** it feels," she said.
"It feels like you’ve taken away a part of me that wasn’t yours to take.”
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
