Your Reference Ain’t Relevant Campaign launches in South Australia

They are two sentences, enshrined in SA law, that have “absolutely devastating” consequences. Now these Aussie men are fighting to axe them for good.

Harrison James, like many survivors of child sexual abuse, “never had justice in the traditional sense”.

Molested between the ages of 13 and 16 by his stepmother, Harrison’s perpetrator fled the country before he could ever hold her accountable for her actions.

It’s for this reason that last year, he and fellow survivor-advocate Jarad Grice co-founded Your Reference Ain’t Relevant, a campaign aimed at barring convicted child sexual abuse perpetrators from the use of character references.

“For me, this work – this is my justice. This is my form of justice,” Harrison told news.com.au.

“This is me regaining what I lost for all of those years, and turning that pain into a genuine purpose. The thing that keeps me going is the thought that survivors will benefit (from our campaign), and survivors will gain a sense of faith when they pursue the justice system, as well.”

With reviews of the relevant legislation underway in both NSW and the ACT, the campaign’s focus has now shifted to a new target.

Your Reference Ain't Relevant founders Harrison James and Jarad Grice. Picture: Supplied

South Australia’s Attorney-General, Kyam Maher. Picture: Matt Loxton

The pair is urging the South Australian Government to amend section 11(4) of the Sentencing Act 2017 so that convicted perpetrators of child sexual abuse can no longer “exploit the legal loopholes” that allow them to rely on good character references to mitigate their sentencing.

As it currently stands, the degree to which a character reference can be used in child sexual offence matters in SA is limited. The defendant’s good character or lack of previous convictions cannot be considered if it “was of assistance in the commission of the offence” – for example, if the perpetrator worked as a teacher, scout leader or religious figure and was therefore considered trustworthy to have children left in their care.

But perpetrators like step parents, siblings, relatives or friends – who didn’t rely on their so-called “good standing” to gain access to their victim – are well within their right to call on references, at the court’s discretion.

“For someone who has gone through child sexual abuse specifically to then go through a traumatic court process, only at the end to hear how ‘good’ of a person their perpetrator is – it’s absolutely devastating,” Harrison said.

“It just completely undermines the trauma that they have faced.”

He and Grice are “honoured” to be meeting with the state’s Attorney-General, Kyam Maher, this afternoon to discuss their proposed amendments, and “to let survivors know that no matter where you reside within the country, there are people fighting and ensuring that your interests are at the forefront when it comes to entering a courtroom”.

“Expanding our campaign to South Australia is a crucial step in this mission,” Harrison said.

“By advocating for consistent legislative reforms, we aim to close the gaps that currently allow certain child sex offenders to exploit (these) legal loopholes. This expansion ensures that all survivors, regardless of their location, receive the justice and security they deserve.”

It’s also “crucial”, he added, “for the justice system to understand the manipulative strategies used by offenders”.

“Their so-called ‘good character’ is merely another weapon in their deceptive toolkit.”

Since the campaign’s launch last May, the use of character references – and their relevance – has gone from relative obscurity to a core tenant of our national conversation about child sexual abuse.

“I have faith that these laws will change, but even if they didn’t – the fact that we’re calling out those who provide (character references) and holding them accountable as well … I think people will even second-guess providing one if asked. It’s given that deterrent,” Harrison said.

“The overall conversation is shifting from ‘Are they even relevant?’ to ‘What is the principle of good character references?’ as well. Like, are they relevant on a broader scale?

“I think it’s triggering a lot of questions, and what we’ve been able to do is hold up a mirror to the legal community and just create that conversation within it.”

Your Reference Ain't Relevant founders Harrison James and Jarad Grice. Picture: Supplied

Your Reference Ain’t Relevant’s objective was also discussed at the most recent Standing Council of Attorneys-General (SCAG) meeting. SCAG brings together Attorneys-General from all Australian jurisdictions, with the aim to promote best practice in law reform.

“The fact that it was spoken about on that scale, and recognised at a national level – to me, it indicates there is momentum behind it and there is a drive to see this come to fruition, which is incredibly exciting,” Harrison said.

“We just want to see this (legislative) change come about as quickly as possible, because the longer we wait, the more survivors who will have to walk into courtrooms and have their trauma undermined.

“This is about creating a safer future for all children and ensuring that justice is served without bias or leniency for those who have committed heinous crimes.”

Originally published as Your Reference Ain’t Relevant Campaign launches in South Australia