In 2020, the Offender Database recorded that then 28-year-old Gemma McFee—of Barry, Angus—was sentenced for a “disturbing” series of predatory assaults against 16-month-old twins. The investigation established that in June 2018, McFee, a former nursery assistant, filmed herself sitting on a boy and a girl to sell the footage for financial gain. The prosecution reported at Dundee Sheriff Court that McFee applied “significant” pressure to the infants, who were seen struggling to breathe and in severe distress as she used her full body weight to crush them.
The investigation established that McFee was recruited via Facebook by Andrew Kerr, an RAF serviceman who posed as a film stuntman. The prosecution reported that McFee was a “willing participant” motivated by money for a holiday, repeatedly asking Kerr how much she would be paid for the clips. In one chilling exchange, after an infant showed extreme distress, McFee messaged Kerr stating, “He really really didn’t like that last one. I’ll have to stop and give him a breather,” before continuing her serial child assault.
EXPLOITATION AND JUDICIAL FINDINGS
The court reported that Kerr provided detailed instructions on how to smother the babies and sit on their heads to satisfy his fetish. The investigation established that McFee sent seven separate video clips ranging from four to forty seconds, which showed her kneeling on the children and thrusting her buttocks into them. The prosecution reported that although the twins initially appeared to be laughing, the assaults quickly escalated to the “danger of their lives” as McFee increased her weight using cushions to intensify the pressure.
Judge-led proceedings at Dundee Sheriff Court concluded in November 2019, though reporting was restricted until 2020. For her actions in Arbroath and the nature of the serial child assault reported, Gemma McFee was spared jail by Sheriff Jillian Martin-Brown, who cited McFee’s “naivety” and exploitation by Kerr. McFee was instead sentenced to 200 hours of community service, placed on an eight-month restriction of liberty order (tag), and ordered to undergo three years of social work supervision.
STATUS AND STATUTORY REQUIREMENTS
Based on the judicial orders issued in 2019/2020:
- Legal Status: CONVICTED (Assault to the danger of life).
- Custodial Status: NON-CUSTODIAL (In 2020, serving 200 hours community service and a curfew).
- Supervision Status: Under social work supervision until 2022.
- Child Contact Ban: Legally prohibited from contact with any child under the age of 17.
- DBS Status: Placed on the Barred List (Indefinite and permanent ban from any role involving children or regulated activity).
- Judicial Oversight: Sentenced at Dundee Sheriff Court; investigated by Police Scotland.
- Criminal Record: Former nursery assistant who crushed 16-month-old twins for holiday money; Filmed assaults for an RAF serviceman; Pleaded guilty to endangering lives; Spared jail in 2020.
- Origin: Barry, Angus (Offences committed in Arbroath).
MONITORING AND PUBLIC PROTECTION
McFee is managed as a high-risk offender under the statutory requirements of social work supervision in Angus. Due to the nature of her behaviour—specifically her “serial” willingness to assault infants for financial gain despite her professional background in childcare—she is a priority for strict monitoring regarding her contact with minors. Authorities reported that the 2020 conviction ensures McFee is permanently flagged on national databases, meaning any attempt to return to nursery work or hold a position of trust in Arbroath or elsewhere is strictly blocked.
The investigation established that McFee’s behaviour identifies an individual who prioritised her own financial gratification over the safety and human rights of two vulnerable infants. While the Sheriff viewed her as “manipulated,” the 2020 sentencing conditions reflect the gravity of her physical assaults. Any failure by McFee to adhere to her community service, her curfew, or her total ban on contacting children will result in immediate police intervention to ensure the ongoing safety of the public from a woman who has violated the principles of human decency.
QUESTION – Given that the offender was a “Former Nursery Assistant” who knew the physical vulnerability of infants, do you believe the law should legally mandate that any professional in a position of trust who commits an assault on a child must receive a “Mandatory Minimum Jail Sentence” regardless of claims of manipulation?
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