Rochester woman given suspended jail sentence, community corrections order for child sexual offences

Rochester woman Andrea Emmerson, 29, pleaded guilty to one charge of procuring a person under 16 for sexual activity, one charge of transmitting indecent communication, and one charge of using a postal service to send indecent material to a person.

She also pleaded guilty to one charge of possession of child abuse material.

County Court Judge John Smallwood said the offending was "objectively and subjectively at the lower end" because Emmerson did not go online to seek contact with a child, and she did not use coercion or threats during the offending.

"Ordinarily it would carry an active custody sentence but in my view the circumstances here are extraordinary," Judge Smallwood said.

The court heard Emmerson began talking with the victim through an online game when he was 14 years old and she was 26.

The victim's mother became aware Emmerson was talking to her son and had plans to travel to Western Australia with the intention to meet the victim.

Instead, the mother met with Emmerson in a West Australian cafe in January, 2018.

Emmerson told the mother she was in love with the victim, she was aware of his age, and she knew what she was doing was not right.

Emmerson also told the mother she could not say whether or not she would have had sexual contact with the victim had the mother not found out about the meeting.

Emmerson agreed there would be no further contact, but in mid-2018, the victim's mother became aware the communication had resumed.

The boy's mother went to police in her state, who told her they could not help her.

She then contacted Rochester police, who informed the Joint Anti-Child Exploitation Team.

The mother also discovered items in her son's room, including sex toys sent by Emmerson.

Emmerson was arrested in October, 2018, where she made a number of partial admissions to police.

She told police she was best friends with the victim, she would spend about five hours a day talking with him, and the conversations had become sexual, even though she knew he was under the age of 16.

A search of her mobile phone revealed a number of online conversations with the boy.

"It is clear the conversations that took place involved the discussion of sexual activity in fairly graphic terms," Judge Smallwood said. "It is clear that went on for some period of time."

Judge Smallwood said he took into consideration Emmerson pleaded guilty at the earliest opportunity and she had no prior convictions.

"At the end of the day, general deterrence has got to play a part in all of this," Judge Smallwood said.

"You cannot have people having this sort of sexual engagement and attending to meet with people under the age of 16.

"It is a frightening prospect, it is becoming more and more prevalent and the consequences - while not in this situation but in many others - can be dire."

Emmerson was given a suspended eight-month jail sentence and a three-year community corrections order.

She will also be on the sex offenders register for life.

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