Couple fined after police find both with child exploitation images

Couple convicted of having child exploitation images

A 30-year-old woman going through a gender change and her 23-year-old male partner have each been convicted of possessing child exploitation material.

Anna Koizumi Umpisa Simmons appeared in the Burnie Magistrate’s Court on Monday after pleading guilty to one count of possessing child exploitation material.

Magistrate Leanne Topfer fined Simmons $500 plus court costs, but did not order her to be placed on the sex offender register.

Ms Topfer said the offending was at the lower end of the scale of seriousness.

“The images were all in category six, which is anime and cartoon images of children in sexual poses,” she said.

On August 4 2019, the police searched Simmons’ property and seized a number of electronic devices.

The police found 96 images classified as child exploitation material on a hard drive.

Simmons admitted the contents of the hard drive were hers, and said she was unaware they were child exploitation material.

Ms Topfer noted that Simmons had moved to the North-West Coast three years ago and was three years into a gender transition process.

She was was in a stable relationship with Tyson River Whiticar-Clark and was on a disability benefit.

Magistrate Leanne Topfer

“You can’t recall downloading the content but counsel said you were horrified when you viewed the images.

“Possession of material of that type carries serious risks if it falls into the wrong hands, as it has a tendency to degrade and incite.

“It was a limited number of pictures and there is no suggestion of any further offending and no suggestion of a purpose other than personal use.

“It was an isolated event.

“There is deep community concern about child exploitation material and the community is entitled to know about it.”

Ms Topfer said the same sentencing would apply to Simmons’ partner, Whiticar-Clark, and fined him $300 plus court costs.

During the search, the police also found a Samsung mobile phone in a pink case, containing 23 anime or cartoon images of children in sexual poses or activity.

“You did not believe the images were of under age girls,” Ms Topfer told Whiticar-Clark.

“It’s difficult to understand how you could have been mistaken as to what you were seeing.

“Possession of anime and drawn images is less serious than images of real children but it still is a matter of great concern.”

Ms Topfer said Whiticar-Clark had no record of any other type of this offending and there was a very limited number of images.

Whiticar-Clark was on a Jobseeker allowance and in a steady relationship, and submitted it was an isolated event and there would be no repetition.

He was not put on the sex offender register.

Source: The Advocate

https://www.theadvocate.com.au/story/6892116/couple-convicted-of-having-child-exploitation-images