Sunderland winger goes on trial accused of rape and sexual assault

The 23-year-old winger has gone on trial at Newcastle Crown Court accused of rape and sexual assault, charges he denied at previous hearings in the case.

In the opening of the case, the jury was told the defendant first came into contact with the woman on a dating app.

Prosecuting counsel David Povall said they previously had casual consensual sexual relations, but on the night of May 7 into May 8, in 2022, when the defendant messaged the woman asking him to go over to his home, she made it clear it was, “only for cuddles”.

Mr Povall said this was because she was on medication which could have harmful side-effects if she fell pregnant and, at the time, she was not taking any form of contraception.

In response to the exchange of messages, she drove to his home wearing only pyjames and a hoody, taking off the latter when she got there, before getting into his bed.

After some initial consensual sexual activity, she told him she wanted to go to sleep.

The court heard Diamond allegedly sexually assaulted and raped the woman, and that she “protested” during both.

The woman said by then the “mood had gone” and she wanted to get out, fearing that the defendant had messaged a friend - (Sunderland goalkeeper) Anthony Patterson, his housemate - who may come over to take part in a “threesome”.

She sent an ‘SOS’ message on Snapchat and a male friend replied telling her to “get out”, offering to come and meet her.

But she left anyway to drive home where a 999 call was made to police.

Mr Povall told the court that “to be fair”, in that initial report she said she had not been raped, an account she later changed in her police interview.

Concluding his opening address to the jury, Mr Povall said: “This is not a court of morals.

“Consenting adults are perfectly entitled to get together for casual sexual activity, with no strings, as long as they are consenting individuals.

“It comes down to one issue.

“Did Jack Diamond engage in sexual activity with (the complainant) to which she wasn’t consenting?

“That’s what it’s all about.

“There was no dispute there was some degree of sexual contact between them, so there is no forensic evidence to act as a ‘magic bullet’.

“So, if you are a CSI fan, you won’t get that evidence.”

He urged jurors to treat the defendant fairly and not to judge him being a well-known local sportsman.

Earlier, during the selection of the jury, Judge Edward Bindloss told the potential panellists that although the defendant is a professional footballer, the case was not about football.

He urged them to cast aside any allegiances to ensure the trial is conducted fairly for both the sake of the defendant and the complainant.

Two potential panel members were excluded from the random selection procedure, “out of an abundance of caution”, after responding to a query from the judge to confirm they were season ticket holders at Newcastle United, Sunderland’s neighbours and arch-rivals.

The sides are due to meet for the first time in more than seven years in an FA Cup tie at The Stadium of Light, on Saturday.

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The 23-year-old defendant, of Fatfield, in Washington, denies sexual assault and rape.

At the time he was charged by police, in March, he was on a scheduled season-long loan at Lincoln City, which was then terminated and the defendant was also suspended by Sunderland.

The trial, expected to last three days or more, continues tomorrow (Wednesday January 3).