![A Supreme Court Justice has offered a woman who unwittingly helped produce child exploitation material 'mercy'. File picture by Craig George A Supreme Court Justice has offered a woman who unwittingly helped produce child exploitation material 'mercy'. File picture by Craig George](/images/transform/v1/crop/frm/162400250/ec7d702c-002d-4e8d-a821-0f4b0a741556.jpg/r0_0_5213_3475_w1200_h678_fmax.jpg)
A woman who unwittingly produced child exploitation material has been spared jail time, and is unlikely to receive any conviction at all.
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The woman was recorded by her partner in 2019 engaging in various types of consensual sexual activity, while wearing a school uniform and being called the name of a minor.
The man involved was jailed in 2021.
Defence lawyer Olivia Jenkins said the woman had no control over the videos being retained by her partner, and she was simply playing along with her partner's fantasy.
Ms Jenkins said the woman suffered a great social and emotional toll as a result of the legal proceedings, and was subject to harassment on social media.
"It is unfortunate while there is suppression in the media, people find out," she said.
The woman also had her children removed from her care by authorities for nearly 18 months, something that left a lasting impact.
"It will be something she continues to punish and blame herself for," Ms Jenkins said.
Ms Jenkins said a report from a forensic and clinical psychologist showed the woman was not at risk of further offending.
The defence lawyer said recording a conviction would be unjust, as it would likely prevent the woman from working again as the matter would appear during any criminal record checks.
Ms Jenkins said although it was "technically a crime" and the woman was "technically guilty", it was not what was normally envisaged when people thought of child exploitation offences.
In sentencing the woman on June 20, Justice Robert Pearce described the matter as an unusual case, and said the woman's behaviour was a misguided, but still criminal, attempt to please her partner.
He said there was nothing criminal about two consenting adults engaging in sexual intercourse, nor was it illegal to to film it.
The criminality arose from the fact the woman was role-playing as a minor in a way a reasonable person would find offensive.
As such Justice Pearce said she assisted in the production of child exploitation material, albeit unknowingly.
"You knowingly played a part in the production, but did not know the recording had that character," Justice Pearce said.
He said the woman's guilty plea, made on the day the matter was set to go to trial, removed the possibility of an acquittal by a jury but he would still show judicial "mercy".
Justice Pearce previously said he would not imprison the woman for the offence nor would he make an order under the state's Community Protection (Offender Reporting) Act.
He adjourned proceedings without conviction for two years, and made the woman sign an undertaking - or good behaviour bond.
This means if she commits no further offence over that time period she would face no further punishment.