Your Reference Ain’t Relevant Campaign launches in the ACT
They are 15 words, enshrined in ACT law, that 23-year-old Harrison James calls “a gross injustice”. Now he’s fighting to abolish them for good.
Lifestyle
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Child sexual abuse survivor-advocate Harrison James would describe the last five months with one word: “mind-blowing”.
In May, he and fellow survivor-advocate Jarad Grice launched Your Reference Ain’t Relevant, a campaign aimed at barring convicted child sexual abuse perpetrators from receiving “soft and inadequate sentences based on [the use of] irrelevant character references”.
The campaign has made swift, “significant progress” in NSW. After meeting with Harrison on July 26, NSW Attorney-General Michael Daley requested the Department of Communities and Justice conduct a review of the legislation in question. Law reform is expected early next year.
With change in NSW imminent, Harrison and Grice have now set their focus on the nation’s capital.
“Jarad and I have always seen [NSW] as the first step toward creating a nationwide standard for the rights of survivors,” Harrison told news.com.au.
“Our goal wasn’t ever just to bring about change in NSW – it was to set a precedent that will resonate across all jurisdictions. We want survivors in every corner of Australia to have access to the same rights and protections.”
You can sign the Your Reference Ain’t Relevant petition here
The pair is urging the ACT Government to amend section 34A(b) of the Crimes (Sentencing) Act 2005 so that character references can no longer be considered when sentencing convicted perpetrators of child sexual abuse.
As it currently stands, the degree to which a character reference can be used in child sexual offence matters in the ACT is limited. A court “must not reduce the severity of a sentence it would otherwise have imposed on an offender because the offender has good character, to the extent that the offender’s good character enabled [them] to commit the offence” – for example, if the perpetrator’s authority in their community caused the child’s parents to trust the perpetrator and leave their child in the perpetrator’s care.
But perpetrators like step parents, siblings, relatives or friends – who didn’t use 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. It is, Harrison said, “a gross injustice”.
“We need the justice system to fully comprehend the intricate tactics used by these pedophiles, and the manipulation they employ. Their supposed ‘good character’ is just another sinister weapon amongst their arsenal of deceit,” he said.
He and Grice are petitioning to have the final 15 words of the current legislation removed – so that all convicted perpetrators are held accountable, ultimately contributing to the creation of “a legal system that prioritises the safety and wellbeing of survivors over the reputation of perpetrators”.
“We want to send a very clear message: there should be absolutely no room for leniency when it comes to a crime as heinous as child sexual abuse,” Harrison said.
“It’s time for society to recognise that perpetrators of child sexual abuse often hide behind a facade of ‘good character’ … Of course they’re going to come across as fantastic people who wouldn’t hurt a fly. To be a successful predator, they have to hide in plain sight.
“Perpetrators are experts at pulling the wool over our eyes, and we must dismantle this smokescreen and prioritise the protection of our children.”
On October 20, he and Grice met with ACT Attorney-General Shane Rattenbury and other members of the Legislative Assembly to discuss their “shared commitment” to addressing “the issues surrounding child sexual abuse and the need for legislative reform”.
The Attorney-General told news.com.au he was “grateful” to Harrison and Grice “for their generosity in sharing their lived experience as survivors of child sexual abuse”, and confirmed he is open to considering the merits of their proposal.
“I agree it is timely to consider how good character is used in sentencing proceedings for child sex offences, and in fact had already asked for advice on what reform could look like in the ACT,” Mr Rattenbury said.
“I look forward to receiving further advice in due course after stakeholder consultation.”
Their petition – for which they hope to collect 500 signatures – is being sponsored by Greens Legislative Assembly Member Andrew Braddock. He told news.com.au that “the use of good character references to reduce sentences appears to be rewarding the very strategy pedophiles use to gain access to victims”.
“I hope the [Legislative] Assembly and Ministers will respond to the concerns of child sexual assault survivors and investigate potential changes to ACT laws,” Mr Braddock said.
“I am also keen to hear the views of other survivors and those within the legal community who have more experience with this issue. We need to ensure our laws treat these crimes with the seriousness they deserve.”
Harrison said Your Reference Ain’t Relevant’s “strategic expansion” to the ACT “reflects our commitment to a comprehensive and consistent approach to child protection and justice for survivors”. It also “speaks to the power of survivor-led initiatives”.
“Our decision to extend … to the ACT is rooted in the fundamental belief that child sexual abuse doesn’t discriminate by state borders, and neither should our efforts to combat it,” Harrison said.
“The experience of survivors and the need for justice are consistent across the nation, and we aim to create a unified approach that ensures justice for all … regardless of where they reside.
“Justice delayed is justice denied, and we want to create a legal system that truly serves survivors, one that upholds justice and accountability as its core values, and a government that acts decisively to combat this epidemic.”
Harrison and Grice’s goal remains to “eventually launch this campaign in each state and territory of Australia”.
“It’s not a matter of ‘if’, but ‘when’. We are dedicated to making a lasting impact, securing justice for survivors and child protection throughout the nation – one jurisdiction at a time.”
You can sign the Your Reference Ain’t Relevant petition here
Originally published as Your Reference Ain’t Relevant Campaign launches in the ACT
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