Tristan Sailor rape trial, court told woman didn’t appear drunk, testimony, cross-examination, what he said

Tristan Sailor told a court that the woman who accused him of rape did not appear drunk when they had sex after participating in a drinking session in which she downed margaritas with rum, coke and other spirits.

The 23-year-old former St George Illawarra Dragons NRL player was cross-examined in the witness box on Monday as his trial at the NSW District Court continues in Sydney.

Mr Sailor pleaded not guilty to two charges of aggravated sexual assault brought after he and the woman had sex which she said was not consensual in October 2020.

When asked to divulge intimate and sexually explicit details of the sex acts he had performed, Mr Sailor stood firm and repeatedly denied the suggestion that the woman appeared drunk.

Tristan Sailor, pictured attending his trial in Sydney, is the son of NRL legend Wendell Sailor. Image: NCA NewsWire/James GourleySource: News Corp Australia

He told Crown Attorney Jeffrey Tunks the prospect of having sex with the woman was ‘not necessarily’ the first thing that came to mind when the couple first met. in person at Bondi’s Beach Road Hotel in the hours leading up to the alleged assault.

“You brought up the flirty messages,” Mr Tunks said, referring to Instagram messages the couple exchanged in March 2019 when they started following each other.

“This [sex] must have been on your mind.

Mr. Sailor responded by saying “the messages were, yeah”.

After the court showed CCTV footage of the couple in the pub’s beer garden, where the woman is seen sipping rum and coke and rocking as she tries to get up, Mr. Sailor said there was “no indication” that she was affected by alcohol.

“She just had a bubbly demeanor and I had never met her before, so I just assumed that was her character,” Mr Sailor said.

Tristan Sailor leaves Wollongong Local Court with his mother Tara Sailor after being released on bail following his 2020 arrest. Picture: NCA NewsWire/Simon Bullard.Source: News Corp Australia

After the pair grew closer overnight, Mr Sailor said he, his teammate Eddie Blacker, the woman and her friend left the pub and went to a flat in Wooli Creek.

“Is it true, Mr. Sailor, that you didn’t really care about her level of sobriety when you went to the Wooli Creek apartment?” asked Mr. Tunks.

“I cared,” replied Mr. Sailor.

Tristan Sailor was abandoned by the Dragons after the rape allegations came to light. Photo: AAP/Dan HombrechtsSource: AAP

When the group was back at the apartment where more booze was poured, they started playing an R-rated version of the Never Have I Ever drinking game.

“She said she had been to a bottomless brunch, she told you she had been drinking for over two hours, you saw CCTV a couple of times…I saw her drinking margaritas, rum and coke and whatever booze was in the middle of Never Have I Ever and you’re saying at this point in the night there’s no sign of intoxication at all? asked Mr. Tunks.

Mr. Sailor said “no”.

When the woman and Mr. Sailor went to his room to have sex, he told the court there was no discussion about condom use.

“I think it had progressed with so much passion that it didn’t come up,” Sailor said.

“I don’t usually have conversations about condoms.”

Mr Sailor has denied a series of suggestions Mr Tunks made to her, saying he never believed he had the ‘right’ to do whatever he wanted to the woman.

When the sex acts were over, Mr Sailor agreed he had ‘left pretty quickly’ and the court was shown CCTV footage of him walking out of the apartment complex without shoes.

“I knew we had a half-hour Uber trip, so I just thought I’d put them in there,” Sailor said.

The next day the woman texted Mr. Sailor saying she couldn’t remember what had happened and the court heard he told her they had sex and that he had asked for and obtained her consent.

“I was just helping to reassure her if she had no memory,” Mr Sailor, the son of NRL legend Wendell Sailor, told the court.

The trial continues.