Labor bid to stop rape, assault offenders getting lighter sentences through ‘good character’

A staggering 92 per cent of District Court rape cases in the 12 months to June 2023 relied on a good character reference, a report shows, triggering calls for the consideration to be banned.

Queensland shadow attorney-general Meaghan Scanlon. Picture: NewsWire/Tertius Pickard

Courts would be banned from considering the “good character” of rapists and sexual assault offenders under Labor’s proposed changes to toughen the government’s crime laws.

The proposal centres around recommendations by the Queensland Sentencing Advisory Council which found 92 per cent of the 131 District Court rape cases in the 12 months to June 2023 relied on a good character reference.

It found that “good character” appeared to be given “a lot of weight” in more than a quarter of cases.

Shadow Attorney-General Meaghan Scanlon will move to limit the court’s ability to consider good character references, an offender’s standing and contributions in the community unless it’s relevant to rehabilitation and their risk of reoffending.

“An offender should not get a lighter sentence for something as horrific as sexual violence just because he claims he is a good bloke,” Ms Scanlon said.

“Time and time again we see good character references used to minimise the actions of the perpetrator.

“These laws will ensure perpetrators are held accountable for their crimes and will empower victim survivors. David Crisafulli says his government will always put victims first, and if that’s the case, the LNP must not stand in the way of these amendments because they are simply too important.”

Further amendments include making acts of sexual assault against a child an aggravating offence and ensuring a court does not diminish harm caused to a victim-survivor when a victim impact statement is not given will also be moved.

The amendments will be moved during debate of the Making Queensland Safer laws, where harsher penalties for sexual offences committed by juveniles are being proposed.

The Queensland Sentencing Advisory Council made 28 recommendations from its investigation into sentencing for sexual violence and rape offences that have not been enacted.

Gold Coast Centre Against Sexual Violence director Di McLeod said a good character reference had a traumatic effect on the victim at sentencing.

“A positive image carefully cultivated in the community by a sexual offender may actually assist them to win the trust of the victim and commit the offence,” she said.

“A good character reference for an offender being sentenced for a sexual offence is redundant and should not be taken into account.”

Originally published as Labor bid to stop rape, assault offenders getting lighter sentences through ‘good character’