Queensland Reference for Good Characters in Restricting Defendant Rapes' Sentencing | Queensland

Considerations of good character references to defendant rapists will be limited in the case of major Queensland court reforms, but some advocates say that is not far enough.

The Queensland Sentencing Advisory Committee’s recommendations on rape and sexual assault report are changes introduced this week by the Queensland Parliament.

Traditionally, the good character in the judge’s judgment cited the family of a rapist who was traditionally accused of it.

The report recommends that the use of good character references should be restricted, including evidence of the offender’s status and contributions in the community.

"No one wants to hear that rapists are all-round great men, trustworthy partners, or that they are respected in the community, especially their victims, sit bravely in court," Attorney General Deb Frecklington said.

Frakelington said the legal reform was very close to her heart.

She was one of the last criminal matters of the lawyer, involving a former school principal who was the best citizen of the year in the local community.

During the judgment period, a good role reference was considered.

“For many victims, it’s still very painful,” she told Parliament.

The bill means that a good character reference can only be used as a mitigating factor if it is related to the offender's prospects for recovery or the risk of crime.

The court can also decide not to consider role references as mitigating factors, depending on the “nature and severity of the crime”.

"This will limit the evidence of good character in question," Fray Clinton said.

The bill also includes acknowledging victim harm as the “definite purpose of sentencing” and ensuring that the court does not make any inferences as to whether the victim is harmed by the fact that the victim has not been issued a statement of impact on the victim.

The introduction of the law was welcomed by the state opposition, which opposed changing the change, saying it was a victory for survivors of sexual assault victims.

"These new laws will energize victims and ensure the perpetrators are held accountable," said Shadow Attorney General Meaghan Scanlon.

The state's victims commissioner Beck O'Connor temporarily welcomes the change, but claims that it's not far enough.

She said the law should be strengthened, meaning that the courts do not consider good character references in any case.

"The lives of victims continue to share the pain and trauma of their acceptance and dependence on character references, with little effort from anyone trying to verify the content," O'Connor said.

“Total blocking the use of good personality evidence is the best way to show to victims who listen to them and address their significant concerns.”

A review of sentencing guidelines for NSW is underway, while the use of good role references remains in other states and territories.

In 2016, Tasmania removed good character references for child sexual abuse offenders.