Woman convicted of unlawful sexual activity with a minor sentenced to 3 years in prison
A woman found guilty earlier this year of having sex with a teenage boy at the secure facility for juveniles where she worked has been sentenced to three years in prison and two years of probation.
Circuit Judge Robert Hodges also ordered Emily Amber Fitzgerald to undergo a mental health assessment and register as a sexual offender. She cannot have any unsupervised contact with minors. Fitzgerald has two days of credit for time already served while at the county jail.
The woman's parents were present in the courtroom when she was sentenced. She gave her mother and father her chain while she was being handcuffed by a bailiff. She cried and whispered to them before she was led to the back by a bailiff.
From there, the 44-year-old woman was transported to the jail. She eventually will be sent to a prison facility to serve her time.
Fitzgerald's arrest
In January, a jury found Fitzgerald guilty of unlawful sexual activity with a minor at the Center for Success and Independence, a youth detention facility where she was employed. It is located in northwest Marion County.
The facility is a juvenile residential commitment program for boys and provides mental health and substance abuse services. It is operated by a Department of Juvenile Justice contracted provider.
The victim was 16 and was a resident at the facility. The Star-Banner is not releasing his name due to the nature of the case. Fitzgerald was taken into custody in April 2020.
During the day-long trial, the victim told the court that he and Fitzgerald had sex. Testifying in her own defense, Fitzgerald said the boy forced himself on her.
Assistant State Attorney Jonathan Olson prosecuted the case and Fitzgerald's lawyer was Charles Vaughn.
Dr. Harry Krop
At the sentencing hearing, which lasted nearly an hour, Dr. Harry Krop, a forensic and clinical psychologist, testified via Zoom concerning his assessment of Fitzgerald.
Krop said he spoke to Fitzgerald multiple times in 2021, recently talked with her, and had reviewed her medical reports. He said Fitzgerald has several mental health issues including low self-esteem, depression and anxiety. He said Fitzgerald was sexually abused by people close to her.
The psychologist called her cooperative, open and honest during their talks. He doesn't believe she poses any danger if she's allowed to remain in society. He said she referred to the children at the facility as victims. She frequently would admit she used terrible judgment, and she was the adult and so should have known better, Krop said.
He said she's presently going to therapy, is remorseful, and is a good mother to her children.
Cross-examination
Questioned by the prosecutor, Krop said Fitzgerald would talk about her sex life to the children at the facility because she felt she was building a rapport with them.
Krop admits Fitzgerald was not candid at first. And the prosecutor noted that her habit of frankly discussing sexual matters with facility residents was troubling.
Fitzgerald apologized to the court for what happened.
Vaughn asked for leniency and probation. He asked to judge to consider Fitzgerald's mental health issues and her history of being sexually abused. He said she should be able to continue her counseling without going to prison.
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Olson told the judge Fitzgerald should go to prison despite her mental health issues. He said she was the adult.
The judge said while Fitzgerald does have some mental health issues, what she did was wrong and it requires incarceration.
Contact Austin L. Miller at austin.miller@starbanner.com or @almillerosb
This article originally appeared on Ocala Star-Banner: Three years in prison for woman convicted of sex activity with a minor
