A NSW woman who was involved in home-made porn films with two 14-year-old girls has been found guilty of criminal offences and her identity has now been revealed.
Rebecca Jane Clarke, of Goulburn in NSW, wept as she was found by a South Australian District Court judge to have incited the teenaged girls to perform sex acts. The 23-year-old was also found guilty of producing child pornography, a DVD in which she has sex with the 14-year-olds while saying "I feel like a child molester'.
Clarke had pleaded not guilty to charges on the grounds that she believed the girls were 17-years-old. Her identity had been previously kept secret, due to an order imposed over concerns her half-brother, who is fighting cancer, and other siblings would suffer "undue hardship''. Judge Michael Boylan however ruled in line with precedent that children cannot be used as "identity shields'' for offenders.
"While I'm satisfied there may be hardship to the step-siblings of Ms Clarke, I'm not satisfied it would be undue hardship,'' he said. "I am also satisfied that, owing to the age of the (brother), who is 17 and a half, there would not be undue hardship to him.''
Clarke was one of three people charged over the filming of six home-made pornographic films in a disturbing 8 months, beginning July 2005 to February last year.
In a trial by judge alone, the court heard a DVD of six films was made by Clarke and two others in 2005. Her co-accused - Daniel Troy Osis, 25, and Renee Jean Malyschko, 23 - were tried separately and pleaded guilty in June this year to having unlawful sexual intercourse with the two 14-year-old girls and two counts each of inciting a child to commit an indecent act and producing child pornography, while Osis was convicted of two further counts of possessing child pornography. Both have yet to be sentenced.
Today, Judge Boylan found Clarke guilty despite saying, "While I'm satisfied that Ms Clarke honestly and, indeed, reasonably believed the two girls were 17, I'm of the view that it does not, as a matter of law, provide a defence,'' he said.
Sentencing submissions for Clarke will be held in January next year, until which point she has been remanded on continuing bail.
Rebecca Jane Clarke, of Goulburn in NSW, wept as she was found by a South Australian District Court judge to have incited the teenaged girls to perform sex acts. The 23-year-old was also found guilty of producing child pornography, a DVD in which she has sex with the 14-year-olds while saying "I feel like a child molester'.
Clarke had pleaded not guilty to charges on the grounds that she believed the girls were 17-years-old. Her identity had been previously kept secret, due to an order imposed over concerns her half-brother, who is fighting cancer, and other siblings would suffer "undue hardship''. Judge Michael Boylan however ruled in line with precedent that children cannot be used as "identity shields'' for offenders.
"While I'm satisfied there may be hardship to the step-siblings of Ms Clarke, I'm not satisfied it would be undue hardship,'' he said. "I am also satisfied that, owing to the age of the (brother), who is 17 and a half, there would not be undue hardship to him.''
Clarke was one of three people charged over the filming of six home-made pornographic films in a disturbing 8 months, beginning July 2005 to February last year.
In a trial by judge alone, the court heard a DVD of six films was made by Clarke and two others in 2005. Her co-accused - Daniel Troy Osis, 25, and Renee Jean Malyschko, 23 - were tried separately and pleaded guilty in June this year to having unlawful sexual intercourse with the two 14-year-old girls and two counts each of inciting a child to commit an indecent act and producing child pornography, while Osis was convicted of two further counts of possessing child pornography. Both have yet to be sentenced.
Today, Judge Boylan found Clarke guilty despite saying, "While I'm satisfied that Ms Clarke honestly and, indeed, reasonably believed the two girls were 17, I'm of the view that it does not, as a matter of law, provide a defence,'' he said.
Sentencing submissions for Clarke will be held in January next year, until which point she has been remanded on continuing bail.
Posts
No comments:
Post a Comment