Derrick Hoe learns fate in Orange District Court three years after sexual assault allegations made in Parkes

Mr Hoe was accused of having sexual intercourse without consent and knowing a woman was not consenting at a house in Parkes on April 26, 2019.

However, following a multi-day trial and four hours of deliberation, the jury found Mr Hoe not guilty of the single charge.

The 57-year-old, who runs his own excavation business in Parkes and is also well known in the Western Division rugby league community, doubled over and cried with relief in his chair after exiting the dock, while his supporters went to him once the judge and jury left the courtroom.

According to information presented during the trial, Mr Hoe went to the woman's home in Parkes following 2019 Anzac Day commemorations, during which they had been flirting at a pub and she met him at the door naked.

However, what happened afterwards was subject to differing accounts and led to the charge, with Mr Hoe telling the police that he participated in consensual sexual activities with the woman and there was no violence involved.

While summing up the case, Judge Graham Turnbull warned the jury to base their decision on information from the trial as it was put before them and to put aside their personal morals and opinions.

"This is not a court of morals, this is a court of law," Judge Turnbull said.

"You have heard of various sexual actions which some of you might find not to your taste."

However, the jury members were also told to use their personal judgement to determine beyond all reasonable doubt if sexual intercourse took place, if the woman consented to the sexual intercourse or if Mr Hoe knew the woman did not consent to the sexual intercourse but proceeded anyway.

Mr Hoe was presumed innocent from the beginning and it was up to the prosecution to prove otherwise.

During a recorded interview with police, Mr Hoe said he left the woman's house after he was unable to maintain an erection due to drinking too much and the woman called a taxi for him.

Mr Hoe was also concerned about the impact his cheating, and the allegations, would have on his relationship with his wife and family.

However, according to the woman, who is not named to protect her identity, the interaction was violent from the start when they went into a bedroom and Mr Hoe grabbed her by the throat and pushed her onto a bed causing her to freeze.

Graphic details of the sexual activities, including those she consented to and others not involved in the charge were outlined during the trial.

However, the Crown prosecutor said the woman did not consent to the final act and told him to "stop", said "it hurts" and tried to kick and push him off and when that failed, she pushed her body away. The Crown also said the woman said she consented to some of the acts in order to get him to leave.

Mr Hoe, in an interview with the police soon after the allegations were made, did not mention the final act.

Both agreed that she called him a taxi and he left.

However, the court was told the woman then felt extreme pain and went into a bathroom and called a couple of colleagues.

One of the people she called described her as hysterical and another said she was "scream crying" and that she told them she'd been sexually assaulted by someone she knew and she was hurt.

Mr Hoe's barrister Iain Todd attributed the woman's emotional reaction to a combination of MDMA, which was found in her urine, and a prescription drug, which when combined could cause anxiety, panic and depression.

However, the Crown argued there was a minimal chance of that situation taking place.

It was not alleged that the woman was a regular drug user and the woman, who was cross examined in a closed court, was said to not know how the illicit drug got into her system, or when.

According to information presented during the trial, the woman did not want to contact the police but agreed to go to hospital to be checked out and have a sexual assault assessment conducted and the hospital contacted the police.

During his final arguments Mr Todd said there were only two people in the room that night and the sexual assault assessment could not confirm whether the sexual acts were consented to or not.

He said the woman did not have bruising on her neck that would indicate she had been grabbed with pressure and she had no major injuries beyond some redness and tenderness.

However, Judge Turnbull did remind the jury that the doctor was unable to insert a tool into her anus as part of the test.

Judge Turnbull also reminded the jury that non-consensual sexual activity does not always cause injury.

Some inconsistencies with the woman's recollection of the events on the night were raised although the jury was also reminded that the alleged offence took place three years ago, she's only human and it's not uncommon for victims of sexual assault to have inconsistent memories of the events in question.

Mr Hoe was not cross examined and was not required to put forward a defence with the burden of proof placed squarely onto the prosecution, beyond all reasonable doubt.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: