The use of good character references for accused rapists will soon be restricted in Queensland under new reforms that aim to better support victim-survivors of sexual crimes.
Historically, good character references from friends and families of accused rapists have been considered when a judge makes a sentencing decision. But Queensland Attorney-General Deb Frecklington wants to change this.
“No one wants to hear that a rapist is an all-round great person, a trustworthy mate, or that they’re respected in the community – especially not their victim, bravely sitting in court,” Frecklington said on Tuesday.
“The amendments I have introduced today will mean an offender’s ‘good character’ can only be treated as a mitigating factor in circumstances where it is relevant to the offender’s prospects of rehabilitation or likelihood of reoffending.”
As Amanda-Jane George has previously written, the purpose of good character references is to provide the judge with insight into any factors that could mitigate the defendant’s sentence. In recent years, there’s been a push from advocates to change this rule.
Also under the reforms, it will be ensured that no negative inference can be drawn if a victim chooses not to provide a victim impact statement.
The changes come in response to recommendations made by a Queensland Sentencing Advisory Council report into sexual violence.
“It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve,” Frecklington said.
Advocates push for more
Beck O’Connor, Queensland’s Victims’ Commissioner, said the changes on good character references don’t go far enough to adress the issues facing victim-survivors.
“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 in a statement.
“Victim-survivors have said this evidence is an attempt to minimise, or counteract, the hurt caused by an offender.
“These limited amendments proposed by QSAC will not resolve these issues. 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.”
Meanwhile, survivor, activist, and Co-Founder of the #YourReferenceAintRelevant campaign, Harrison James says the changes are a “half-measure”.
“Here’s what’s actually happening: Right now during sentencing, people convicted of rape, child sexual abuse, or domestic violence can still have friends, colleagues, even priests or family members stand up in court and describe them as a “good person” — even after they’ve been found 100% guilty. That reference is then used by the defence to argue for a shorter sentence,” James wrote in a statement.
“What the Queensland government announced today doesn’t abolish that practice. It simply says judges must be more careful when deciding whether to accept those references. That’s not real reform — it’s a half-measure.
“And it still means survivors could be forced to sit in court and hear the person who abused them praised by their community. Survivors are being told this is a “step in the right direction.” But we’re tired of steps. We need change.
“Survivors deserve a legal system that prioritises truth and trauma over reputation and social standing. Because justice should never involve hearing your abuser described as a ‘good bloke’.”
If you need help and advice, call 1800Respect at 1800 737 732, Men’s Referral Service at 1300 766 491, or Lifeline at 13 11 14.