Your Reference Ain’t Relevant: Harrison James one step closer to 21-word victory
They are 21 words, enshrined in NSW law, that make 23-year-old Harrison James “sick to his stomach” – and he’s one step closer to abolishing them for good.
The NSW Attorney-General Michael Daley will “finally” meet with survivor-advocate Harrison James tomorrow, after months of “persistent” efforts from Harrison to set the meeting up.
Harrison – who was molested between the ages of 13 and 16 by his stepmother – is currently fighting, alongside fellow advocate and child sexual abuse survivor Jarad Grice, to help protect other victims and survivors.
In May, the pair launched Your Reference Ain’t Relevant, a campaign urging the NSW Government to amend section 21A (5A) of the Sentencing Procedure Act 1999 (NSW) so that character references can no longer be used when sentencing convicted perpetrators of child sexual abuse.
Their petition will be put before the NSW Legislative Council next month by Greens MP Abigail Boyd.
Since the campaign’s launch, the 23-year-old tells news.com.au he has been overwhelmed by the “really, really positive” public response, as well as letters of support from the likes of The Grace Tame Foundation, Full Stop Australia, Bravehearts, and the Australian Childhood Foundation – organisations dedicated, like Harrison, to child sexual abuse prevention.
“Knowing that the experts in the field are backing us reaffirms the importance of our cause, underscores the urgent need for systemic change, and demonstrates our collective commitment to ensuring justice for survivors,” he says.
His meeting this Wednesday with Mr Daley and Minister for Women and the Prevention of Sexual Assault and Domestic Violence, Jodie Harrison, is a “testament to the impact we are making”. But the appointment has not come easily.
Earlier this month, a spokesperson for Mr Daley told The Sydney Morning Herald that the Attorney-General has “no plan” to amend the law, adding there was no advice from the Department of Communities and Justice that the law had been applied beyond its original scope.
Regardless of being found guilty, someone convicted of an offence is able to seek members of the community to attest to their “good standing” or “character” to potentially minimise or suspend their sentence. Character references are a mitigating factor applied to all criminal offences – including sexual assault.
As it currently stands, the degree to which a character reference can be used in child sexual offence matters is limited. If a judge decides that a perpetrator being “a person of good character” helped them commit an offence – for example, 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 – the judge cannot consider a character reference to reduce the offender’s sentence.
“Except where this [law] applies, child sex offenders are treated in the same way as any person who is sentenced for an offence, insofar as they are permitted to rely on their prior good character or lack of criminal record on sentencing,” the Attorney-General’s spokesperson told The Herald.
“The Department of Communities and Justice has advised that it is unaware of any instances of the provision acting contrary to this intention.”
The fact a character reference can be considered at all in an instance of child sexual abuse, Harrison previously told news.com.au, “makes me sick to my stomach”.
“These people – child sexual abusers – by the definition of their crimes do not have good character. They’re predatory by instinct,” he explained.
“We can’t separate good character from the evil they perpetrate on children, [who are] the most vulnerable victims of all.”
He and Grice are fighting to have the final 21 words of the current legislation removed, in what will hopefully be the first step in a nationwide push to better protect child victims.
If their petition is successful, the amended provision would read: “In determining the appropriate sentence for a child sexual offence, the good character or lack of previous convictions of an offender is not to be taken into account as a mitigating factor.”
While Harrison is “hopeful and determined” ahead of his meeting with Mr Daley and Ms Harrison, the comments to The Herald “highlight a concerning lack of understanding about the profound impacts of child sexual abuse on survivors”.
“I don’t think people fully grasp the alarming prevalence of this issue,” he adds, citing findings by the first-ever Australian Child Maltreatment Study in April, that one in three girls and one in five boys will experience child sexual abuse before their 18th birthday.
“[Those statistics] equate to 28.5 per cent of the Australian population … I firmly believe that the NSW Government needs to fully comprehend the urgency of this matter by getting on the front foot of it and taking decisive action to protect survivors and uphold justice.”
Only after “overwhelming media attention” from both The Herald and 2GB’s Ray Hadley did “the Attorney-General finally agree to meet with me on July 26”, Harrison says, despite his constant attempts at contact, via phone and email, in the preceding five months.
“This meeting represents a significant opportunity to directly address the flaws in the current law regarding character references for paedophiles, and advocate for the necessary changes. It is an occasion to share first-hand accounts of survivors’ experiences, shedding light on the devastating impact of child sexual abuse and the importance of meaningful reform.”
At the end of the day, Harrison says, Your Reference Ain’t Relevant is about more than just changing legislation.
“It’s about empowering survivors, and giving them a voice, and ensuring that their stories are heard and believed. It’s about adding nuance into the conversation among the public domain,” he says.
“For far too long, perpetrators have been the authors of our narratives, and they’re writing this narrative of fear and shame and silence. It’s time to reclaim our stories, and rewrite the script of what justice looks like.
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“The conversations around ending child sexual abuse can be really uncomfortable, but that discomfort is necessary for progress. We have to create a society that refuses to turn a blind eye, and actively works to support all survivors and children.
“We’re going to have to have a few tough conversations in order to fix this.”
You can sign the Your Reference Ain’t Relevant petition here
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