The consideration of good character references for accused rapists will be restricted under major Queensland court reforms but some advocates say it does not go far enough.
The changes introduced to Queensland parliament this week are among the recommendations made by a Queensland Sentencing Advisory Council report into rape and sexual assault.
Good character references from friends and families of accused rapists have traditionally been a consideration in a judge’s decision on the sentence.
The report recommended that the use of good character references, including evidence of the offender’s standing and contributions in the community, should be restricted in sentencing.
“No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they’re respected in the community – especially not their victim, bravely sitting in court,” the attorney general, Deb Frecklington, said.
Frecklington said this law reform is very close to her heart.
One of the last criminal matters when she was a lawyer involved a former school principal who had been the citizen of the year in her local community.
A good character reference was taken into consideration during his sentencing.
“It is extremely distressing still for many of the victims,” she told parliament.
The bill means good character references can only be used as a mitigating factor if it is relevant to the offender’s prospects of rehabilitation or risk of offending.
Courts can also decide not to treat the character reference as a mitigating factor depending on the “nature and seriousness of the offence”.
“This will limit the use of problematic good character evidence,” Frecklington said.
The bill also includes recognition of victim harm as an “express purpose of sentencing” and ensuring courts do not draw any inference about whether the victim was harmed from the fact that no victim impact statement was given.
The introduction of the laws was welcomed by the state opposition, who had lobbied for changes, calling it a win for sexual assault victim survivors.
“These new laws will empower victim-survivors and ensure that perpetrators are held accountable,” the shadow attorney general, Meaghan Scanlon, said.
The state’s victims’ commissioner, Beck O’Connor, tentatively welcomed the change but claimed it does not go far enough.
She said the laws should be strengthened to mean courts do not give any consideration to good character references in any circumstances.
“Victim-survivors continue to share their distress and trauma about the acceptance and reliance of character references, with little to no effort made by anyone to verify the content,” O’Connor said.
“Completely preventing the use of good character evidence is the best way to show victims they are being listened to, and their significant concerns have been addressed.”
A review of sentencing guidelines in New South Wales is under way, while the use of good character references remains in other states and territories.
Good character references for child sexual abuse offenders were removed in Tasmania in 2016.
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