A LESBIAN pornographer will remain a convicted paedophile after the country's highest court refused to erase her criminal history.
The High Court today refused Rebecca Jane Clarke's application for special leave to appeal against her conviction for making six pornographic films with two 14-year-old girls, the Advertiser reports
The decision means the 23-year-old, from Goulburn in New South Wales, will likely never achieve her dream of working as a counsellor for disadvantaged children.
Solicitor-General Martin Hinton QC told the court that was a consequence of Clarke's poor life choices.
"Parliament has said that, if you're going to engage in this sort of thing, you'd better not do it with children because you'll have no legal defence," he said.
"The consequences, albeit severe, don't change the fact the decision (to convict) was right."
Clarke – who says "I feel like a child molester" and "your breasts feel like a 10-year-old's" during the films – is serving a two-year good-behaviour bond for producing child pornography and inciting an indecent act.
She and her co-accused – Renee Jean Malyschko and Daniel Troy Osis – made a DVD of six movies, with the teenage girls, in 2005.
At her trial, Clarke said she "honestly believed" the girls were 17, comparing their physiques to Calista Flockheart and the Olsen twins.
In December 2007, the District Court ruled that defence did not exist in law.
Today Adam Richards, for Clarke, challenged that ruling.
"The law, as written, also catches the person who has been lied to, who honestly believes something is lawful, who has made a mistake," he said.
"It cannot have been Parliament's intention that such persons be branded paedophile for life."
The High Court, however, ruled there was insufficient reason for it to interfere with the original ruling.