Rugby union player Kurtley Beale allegedly groped a woman in a Sydney pub before sexually assaulting her in the male toilets, a jury has heard.

WARNING: Some readers might find the details in this story distressing.

Mr Beale and the complainant were part of a group socialising at Beach Road Hotel, Bondi Beach, on the night of December 17, 2022.

The woman cannot be identified for legal reasons.

Mr Beale, a former Wallabies full-back, has pleaded not guilty to one count of sexual intercourse without consent and two counts of sexually touching another person without consent.

Two ‘episodes’ alleged by Crown

During an opening address, Crown Prosecutor Jeff Tunks told the NSW District Court the primary issue was consent to the sexual activity.

Mr Tunks said there were two “episodes” alleged by the Crown.

“The first is alleged to have occurred in the main bar area of the hotel, said to be sexual touching of her body, in particular, buttocks,” he said.

The second allegation was one of non-consensual fellatio in a toilet cubicle, the prosecutor said, followed by an additional allegation of sexual touching.

Mr Tunks told jurors they would see CCTV footage showing the main bar area and the entrance to the male toilets.

The jury heard in the bar area, Mr Beale allegedly reached slightly under the woman’s clothing and touched her bare buttock.

Mr Tunks foreshadowed the woman’s evidence, telling the court she will recall Mr Beale later saying words to the effect of: “I really want to f*** you”.

Mr Tunks said the woman will testify that she replied, “I can tell”, before telling Mr Beale to stop and reminding him she was engaged.

The court heard Mr Beale allegedly said: “Let’s find a corner.”

Mr Tunks said the woman will give evidence she replied: “Don’t be silly, I’m going to the bathroom.”

Beale ‘followed woman into toilets’

The court heard shortly after midnight, the woman went to the male toilets, as was her practice at busy pubs to avoid queues in the women’s bathrooms.

Mr Tunks said the woman will recall Mr Beale following her into the cubicle where, while she was sitting down, he allegedly removed his penis from his shorts and asked her to perform oral sex.

The court heard the woman said she didn’t want to but Mr Beale allegedly “grabbed” the back of her head and placed his penis in her mouth.

Mr Beale’s counsel, Margaret Cunneen SC, told the jury there was a “quite different” version of events to what the Crown alleged.

She said the woman followed Mr Beale into the toilets before initiating fellatio.

“The defence case is Mr Beale didn’t touch the complainant, didn’t touch her breasts or genitals, didn’t touch her head, and they didn’t kiss,” Ms Cunneen said.

She said Mr Beale “did not achieve an erection” and there was “no force, only mutual agreement”.

“The complainant stopped after a while, laughed about it, stood up, and told Mr Beale to give it a few minutes and then come back and have a drink.”

Jury told to keep ‘open mind’

Ms Cunneen described the alleged sexual touching in the main bar as a “fleeting touch” and said it could not be considered criminal in the context of constant hugging and other contact between members of the group.

She urged the jury to consider whether the woman had “lied, exaggerated, embellished, changed her mind, or in any way misled the police”.

“It is vitally important to keep an open mind,” she said.

On Monday, a jury of five men and seven women was empanelled.

The trial, before Judge Graham Turnbull, is expected to run for two to three weeks.