‘Unusual sexual desires’: Rape and BDSM torture charges for Tamlin Francis Fitzpatrick-Giles

A QLD man facing rape and torture charges after an alleged ‘BDSM’ relationship gone wrong has applied for bail back to his regional town. See what police allege.

The man is not allowed to go on the internet.

A Mackay man facing rape and torture charges after an alleged relationship with a teenager that included “extreme sexual contact” and “BDSM” has applied for bail back into his regional community.

Tamlin Francis Fitzpatrick-Giles has been detained in police custody over the charges and is yet to plead guilty or innocent to what police alleged happened between himself and a 17-year-old girl in late 2023.

Fitzpatrick-Giles’ application for bail was heard in Townsville Supreme Court on Friday, February 16 before Justice David North.

Crown prosecutor Tom Hancock said statements given by the 17-year-old allege Fitzpatrick-Giles was in a position of “extreme power” over her and this made the consent she gave during the acts “not free and voluntary”.

“The (young woman’s) significant naivety, youth and in my submission vulnerability all tend to dovetail into an argument that supports the inference that any consent given is not free and voluntary,” Mr Hancock said.

“It is not a straightforward matter, it has significant complexities, it’s very, very unusual, as is (Fitzpatrick-Giles’) sexual appetite, if I can use that word.”

Mr Hancock said the context of the way the pair’s relationship developed, the type of “extreme sexual contact” they’d been having and the use of “BDSM” sex all influenced the issue of coercive consent, the court heard.

Mr Hancock said the Crown did not support giving Fitzpatrick-Giles bail.

“No bail condition is capable of curbing what appears to be the applicant’s quite significant and unusual sexual desires,” he said.

However, Mr Hancock acknowledged Fitzpatrick-Giles had “very favourable personal circumstances” to successfully get bail, despite the seriousness of the charges.

“He’s got no criminal history, he’s in full-time employment, he has what appears to be a supportive family and obviously significant connections to the Mackay community,” Mr Hancock said.

One of these connections includes being a homeowner, a fact Justice North pointed out as a key factor for bail.

“The risk of flight or non-attendance (at court) is minimal,” Justice North said, referring to the large responsibility of a mortgage.

Bail conditions discussed in court include Fitzpatrick-Giles being banned from using the internet - except for work purposes - a condition Justice North said would help cut any risk of Fitzpatrick-Giles contacting the 17-year-old woman - who he’d met online.

Mr Hancock said the internet ban would significantly reduce Fitzpatrick-Giles’ ability to repeat his behaviour, but did say he could still find a partner “the old fashioned way” in person.

“Though I concede that identifying someone of a like-mind or comparable interests as extreme as (his) would be difficult to do in a day-to-day context without the anonymising feature of the internet,” Mr Hancock said.

Mackay defence barrister Scott Mclennan appeared via videolink and offered the option of Fitzpatrick-Giles being bailed to his mother’s or grandparents’ address.

“My client would prefer to live in the house he’s bought, obviously,” Mr Mclennan said.

“But he’s indicated he’s willing to live with either his grandparents or his mother... I understand until he bought his house recently he lived with his grandparents for about 10 years.”

Justice North granted Fitzpatrick-Giles bail and said the case, if it proceeds to trial, will “have its complexities” and will “actually be quite unusual”.

Fitzpatrick-Giles is forbidden from leaving Queensland, will reside with family in Mackay, won’t use the internet and will report to police regularly while on bail.

Originally published as ‘Unusual sexual desires’: Rape and BDSM torture charges for Tamlin Francis Fitzpatrick-Giles