GUILTY Australia - Andrew, 45, Rose, 44, & Chantelle Rowe, 16, slain, Kapunda, 8 Nov 2010 #2

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indizio said:
If [alleged suspect] gets off, I'm almost certain someone out there would take out some vigilante justice on behalf of the Rowe family. The degree of hate towards the accused is immense, hence likely one of the contributing factors as to why no bail was given.
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I totally agree. The accused may even be given a new identity, like the Bulger killers. My God, how bad would that be, for whoever the killer is, if not **!!
 
Or he was just in his own world of rage and didn't care, just caught up in the moment, heck after the screaming a man was yelling, him? Perhaps if a neighbour did set off alarm bells there would be more then just the 3 dead.
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Yes the police told the neighbour if he went over to check it out, that it was a high possibility he could have been attacked aswell.
 
indizio said:
If [alleged suspect] gets off, I'm almost certain someone out there would take out some vigilante justice on behalf of the Rowe family. The degree of hate towards the accused is immense, hence likely one of the contributing factors as to why no bail was given.
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I read that was indeed one of the reasons he didn't apply for bail. Concern for his personal safety and that of his family.
 
SnifferDog77 said:
I think F is still making appeals. That is another very disturbing case. Very!
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God make it stop!! That creep deserves the DP for what he did to those kids and their poor mother, may he rot in hell.

On that note, I'm off .. catch y'all later :)
 
MissedCalling said:
In regards to the rape charge, doesn't the victim need to be alive?
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In regard to necrophilia...
Are there laws against necrophilia in South Australia?
Western Australia has a maximum jail term of 2 years for it.

How long is a rape sentence for an alive person? If found guilty, he could claim that she was dead at the time for a slightly shorter sentence.
 
Some believe CR was raped AFTER she was killed.....if this was the case I would've thought the charge would be improper interference with a corpse ??
 
indizio said:
In regard to necrophilia...
Are there laws against necrophilia in South Australia?
Western Australia has a maximum jail term of 2 years for it.

How long is a rape sentence for an alive person? If found guilty, he could claim that she was dead at the time for a slightly shorter sentence.
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Not sure on this yet, still looking. So far i found some discussion here

http://svc203.wic019v.server-web.com/ethics_forum/forum_posts.asp?TID=2835

Another scenario is that {mod edit} alleged suspect wounded CR enough first for her to be incapicitated but not dead yet, then he killed the parents, then he went back to CR and raped her while she was still alive (barely) but slowly dying, continuing to stab her etc etc. Sorry to say it like that, i know its terrible :(

Ok im off now too, bye.
 
MissedCalling said:
Some believe CR was raped AFTER she was killed.....if this was the case I would've thought the charge would be improper interference with a corpse ??
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I don't think a Sperm sample can be narrowed down very far in terms of pinpointing the exact time it was produced. They are assuming it was before she was dead likely to get the longer sentence, and because it's kinda disgusting to claim he committed necrophilia.

If [alleged suspect] wanted a shorter sentence, he could simply say that around the same time as his sperm is dated, he killed her and had his way with her afterwards, thus facing necrophilia charges rather than rape charges.
 
indizio said:
I don't think a Sperm sample can be narrowed down very far in terms of pinpointing the exact time it was produced. They are assuming it was before she was dead likely to get the longer sentence, and because it's kinda disgusting to claim he committed necrophilia.

If [alleged suspect]wanted a shorter sentence, he could simply say that around the same time as his sperm is dated, he killed her and had his way with her afterwards, thus facing necrophilia charges rather than rape charges.
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Definitely ..... disgusting, so is rape and murder.

Lets hope the charge sticks and he gets the maximum possible penalty!!
 
Legal Definition of Rape

The definition of rape under the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008 is:

A person who has sexual intercourse with another person without consent of that other person:

  • Knowing that that other person does not consent to sexual intercourse with him/her
  • Being recklessly indifferent as to whether that other person consents to sexual intercourse with him/her
  • Continues with sexual intercourse when consent is withdrawn
Shall (whether or not physical resistance is offered by that other person) be guilty of rape.

Sexual penetration can include any of the following:

penetration of:
  • Penetration of vagina, labia majora
  • Cunnilingus (oral sex of the vagina)
  • Fellatio (oral sex of the penis)
  • Penetration of anus
penetration by:
  • Penis
  • Object
  • By any part of the body of another person or by an object
Penetration can be to the smallest degree and ejaculation need not occur. Physical resistance is not necessary to demonstrate lack of consent. Submission as a result of force or threats is not consent.

Consent to sexual activity must be free and voluntary. It is not free and voluntary under the following circumstances:

  • Use of force, fear
  • Unlawful detention
  • Asleep, unconscious, intoxicated to point of being incapable
  • Afflicted by physical, mental or intellectual impairment of capacity to freely consent
  • Unable to understand nature of activity
  • Mistaken identity
  • Mistaken re purpose of activity.

A person acts recklessly indifferent if:

  • They are aware of the possibility of lack of consent but proceed regardless
  • They are aware of the possibility of lack of consent but fail to take reasonable steps to ascertain consent before proceeding
  • They do not give any thought to consent.

The law also states that some people cannot give consent to sexual intercourse. This includes:

  • A person who has sexual intercourse with any person under the age of 14 years shall be guilty of an offence and liable to be imprisoned for life.
  • A person who has sexual intercourse with a person under the age of seventeen years is guilty of an offence. Maximum penalty: Imprisonment for 10 years.
  • A person who, being in a position of authority in relation to a person under the age of 18 years, has sexual intercourse with that person is guilty of an offence. Maximum penalty: Imprisonment for 10 years. The person in a position of authority could be a teacher, foster parent, step-parent, guardian, religious official or spiritual leader, medical practitioner, psychologist, social worker, person employed in correctional institution or training centre, or employer.

-----------------------------------------------

None of this applies if the person is dead. So what are the laws on necrophilia in South Australia? If it's 2 years maximum like in W.A. and QLD, then he could potentially shave 8 years off his sentence by claiming necrophilia.
 
Whether he raped her before or after she was dead, is still so so wrong and disgusting. I think they should charge him with whatever carries the most jail time!

Cyclone82 said:
Another scenario is that {mod edit} alleged suspect wounded CR enough first for her to be incapicitated but not dead yet, then he killed the parents, then he went back to CR and raped her while she was still alive (barely) but slowly dying, continuing to stab her etc etc. Sorry to say it like that, i know its terrible :(
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Yeah, I think he attacked Chantelle...injururing her but not quite killing her. Went and killed the parents. Then went back and raped her, then killed her.
 
Just thinking about jealousy and what specifically could fuel it into a blind rage other than drugs and/or psychosis, perhaps the ultimate betrayal, pregnancy. Missing work ... morning sickness? In any case, I am sure LE has checked this out and not only know if it is true or not, but if true who, and most likely who knew.

Russell
 
KZ83 said:
I think it was planned for a day or two. I think he stewed on something, and the anger built up. A person I knew well once committed a multiple murder, and that person had something happen 2 days before (on Friday), that set them on the course. All weekend she planned what to do, bought the materials, etc, and did it on the Sunday. I just think to so confidently get away with killing 3 people, to fight 2 grown people off, there would have been planning involved to some extent.
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Does anyone know if Christopher lived with his parents? JD would have for sure known he was away on holidays.
 
I really don't think he went there with the intention to do this. There has been suggestion that this was planned etc; but who gets dropped off at a planned murder scene? The police have said that the sighting of the 4WD (2 people, 1 got out) was key in locating their suspect, which suggests that this was his mode of transport to the crime scene.

Further to this, police have made no further arrests. Surely if they suspected this was planned, they would have arrested the driver of the 4WD as well. The fact that they haven't and have stated that he acted alone, suggests they have no reason to suspect this person knew what was about to occur. It will be interesting when it comes out who this person was and what JD told them after the crime had been revealed.

The other thing is, it was mentioned here that they went out to lunch that day. Can anyone confirm that this is true? I saw someone on here say that they heard they'd a "BBQ or picnic or something" on the day of the murders...but I was wondering if this was confused with the media statement saying they had a roast dinner?

Which raises the question if the roast dinner is significant...I know I carve my roasts with a big carving knife...
 
if {mod edit} alleged suspect and CR were good pals, him being dropped off at her house by a pal wouldn't seem out of the ordinary. he could have told his friend he was just visiting her, or some other excuse. to me, it actually makes a lot of sense to have a friend drop you off at a planned murder scene, IMO. esp since we don't know what the weapon is/was -- he didn't necessarily need to bring his own. if he knew the house well, he already knew what was there to use.

mum73 said:
I really don't think he went there with the intention to do this. There has been suggestion that this was planned etc; but who gets dropped off at a planned murder scene? The police have said that the sighting of the 4WD (2 people, 1 got out) was key in locating their suspect, which suggests that this was his mode of transport to the crime scene.
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