Current Tiahleigh Palmer

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12 year old Tiahleigh Palmer disappeared on 30th October 2015, last seen being dropped off outside Marsden High School by her foster father. Her remains were found in the Pimpama River 5 days later.

Today her foster father Rick Thorburn, her foster mother and two foster brothers were taken into custody. The foster father has been charged with her murder and the 19 year old foster brother will be charged with one count of incent, one count of perverting the course of justice and 2 counts of perjury.

http://www.news.com.au/national/que...y/news-story/e9fb1d6b9a7cc316e23685294918b867

Really sad that people entrusted to take care of this young girl while her mother sorted out her own demons so she could get custody back again, ended up being the ones she needed protection against.
 

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12 year old Tiahleigh Palmer disappeared on 30th October 2015, last seen being dropped off outside Marsden High School by her foster father. Her remains were found in the Pimpama River 5 days later.

Today her foster father Rick Thorburn, her foster mother and two foster brothers were taken into custody. The foster father has been charged with her murder and the 19 year old foster brother will be charged with one count of incent, one count of perverting the course of justice and 2 counts of perjury.

http://www.news.com.au/national/que...y/news-story/e9fb1d6b9a7cc316e23685294918b867

Really sad that people entrusted to take care of this young girl while her mother sorted out her own demons so she could get custody back again, ended up being the ones she needed protection against.
Disgusting in so many ways.

The guy in question is an ex-truckie and runs a food van around the place with the two sons.
 
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The other son is expected to be charged with attempting to pervert the course of justice and perjury. His wife probably knew about this too and tried to cover it up.
 
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Am I missing something here? Why the incest charge? Were they relatives of the girl?
Queensland law includes any family connection including step and foster under its incest definition.

Not sure if it carries the same weight as rape which is applicable automatically due to her age or has a lesser burden of proof.
 
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Thanks.

Seemed a bit odd to me to try and fit a charge around what he did, when statutory rape would have been enough.
Apparently it is a stronger charge as you can't claim consent (and it appears this may have been ongoing and consensual) even though a 12 year old can't give consent, and mitigate your punishment.
 
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Sickening case. It appears the step Dad tried to take his own life not long after being charged. Will have to be held in solitary for his own protection; from himself and others

The "brother" may have been worried she was pregnant. He won't have a pleasant time in jail too.


Just despicable.
 

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Apparently it is a stronger charge as you can't claim consent (and it appears this may have been ongoing and consensual) even though a 12 year old can't give consent, and mitigate your punishment.
Are you saying that under Queensland law, in non-incest cases of unlawful sexual dealings with a child under the age of 13 an offender can argue that the victim consented in fact (not law) as a plea in mitigation?
 
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Are you saying that under Queensland law, in non-incest cases of unlawful sexual dealings with a child under the age of 13 an offender can argue that the victim consented in fact (not law) as a plea in mitigation?
No. There is no such clause. I do know that judges can go off on a tangent about the relative maturity of the victim or immaturity of the perpetrator however and even though you can't consent when under age, prosecutors still have to show non consent in rape cases. Just seems this law makes it more cut and dried.

The relevant excerpts were published on facebook.
 

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#15
even though you can't consent when under age, prosecutors still have to show non consent in rape cases. Just seems this law makes it more cut and dried.
Yes but where the victim is below the statutory age of consent the prosecution is absolved of the requirement to establish lack of consent in fact (as the victim is incapable of consenting in law).

It might be the case that a lack of consent in fact (in the case of children who are below the age of consent) is a circumstance of aggravation.

Worth noting that the prohibition against incest has been enshrined in Queensland law since 1891.
 
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Thread starter Moderator #16
Yes but where the victim is below the statutory age of consent the prosecution is absolved of the requirement to establish lack of consent in fact (as the victim is incapable of consenting in law).

It might be the case that a lack of consent in fact (in the case of children who are below the age of consent) is a circumstance of aggravation.

Worth noting that the prohibition against incest has been enshrined in Queensland law since 1891.
Well they are not blood related, she was 12 and they have charged him with incest. What other rationale can you come up with?
 

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The discussion was about why they would use the charge of incest instead of rape.
Yes but I'm not sure "so that the accused cannot plead consent in fact" is the reasoning, as any plea that a statutory rape victim consented in fact is moot (because they are deemed at law to be incapable of doing so).
 
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Thread starter Moderator #22
Yes but I'm not sure "so that the accused cannot plead consent in fact" is the reasoning, as any plea that a statutory rape victim consented in fact is moot (because they are deemed at law to be incapable of doing so).
They do have provisions for similarity of age and although he was 18 and she was almost 13 so it doesn't qualify, it might mitigate things in the mind of a judge. It has done before. Incest has no mitigating factors.

This was posted on one of the Tiahleigh Palmer facebook pages.

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Got a lot of mutual friends with one of the sons and may have gone to the same high school as him, but have friends posting shit all over social media about how they grew up with him.

Feed that family to the wolves, worthless campaigners.
 
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