Tamlin Francis Fitzpatrick-Giles charged with rape and torture against teen girl in Mackay

The 17-year-old alleged victim in a sex assault case with cannibalism themes will have to give evidence as the case against her accused rapist moves forward.

File photo. Picture: iStock

The alleged victim in a torture sex assault case with cannibalism themes will have to give evidence as the proceedings against her accused rapist takes the next step.

Mackay Magistrates Court heard the “bizarre” case centred around consent.

Prosecutors are allowing lawyers for Tamlin Francis Fitzpatrick-Giles to question the 17-year-old girl, who will be treated as a protected witness, on some issues, but argued against cross examination around consent.

Prosecutor Sergeant Linden Pollard argued the element of consent would and should be canvassed at trial in the district court, not during a committal hearing.

Mr Fitzpatrick-Giles, 26, is charged with the alleged rape and torture of the girl in Mackay sometime between November and December 2023.

It is further alleged the offending involved a BDSM (Bondage, Dominance, Submission, Sadomasochism) act gone wrong.

Acting Magistrate Nigel Rees said consent went “to the heart of the charge”.

“The committal proceedings are really important, for both sides, so each side knows where the case falls,” Mr Rees said.

“Whether it bolsters or weakens yours … so everybody knows where their cases lie.”

Sergeant Pollard accepted the cross examination could result in either the police case or defence case being strengthened.

“And these are very bizarre circumstances, very bizarre,” Mr Rees said.

Mr Fitzpatrick-Giles is on bail after he was granted a conditional release by the Supreme Court in mid February. He did not have to appear in person when the case was listed for a directions hearing on Friday.

Barrister Scott McLennan, for Mr Fitzpatrick-Giles, agreed his reasons for wanting to cross examine on that issue were because it went to the heart of the charge, was in the interests of justice and would either bolster or weaken their case.

The teen was currently living interstate and would travel to Mackay for the committal proceedings to be held in August.

Anyone convicted of rape faces the possibility of life imprisonment, while torture carries a maximum penalty of 14 years jail if convicted.

In September 2023 new laws were passed allowing those charged with prescribed sex offences such as rape to be named while the matters were still in the magistrates court.

Previously defendants facing these charges could only be named once a case had been committed to the district court, sometimes months or more than a year into the court process, and only then if it would not identify any complainant.