Your Reference Ain’t Relevant: NSW Attorney-General commits to referring law reform to DCJ
The NSW Attorney-General has taken a “significant” step toward abolishing 21 words, enshrined in the state’s law, for good.
In a “triumph” for victim-survivors, the NSW Attorney-General has committed to referring law reform to the Department of Communites and Justice that will prevent convicted perpetrators of child sexual abuse “from getting soft and inadequate sentences based on irrelevant character references”.
Michael Daley, along with Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison, met with survivor-advocate Harrison James last Wednesday to discuss Your Reference Ain’t Relevant. The campaign, launched in May by Harrison and fellow advocate and child sexual abuse survivor Jarad Grice, is urging the NSW Government to amend section 21A (5A) of the Crimes (Sentencing Procedure) Act 1999 so that character references can no longer be used when sentencing convicted perpetrators of the heinous crime.
As a result of the meeting, the Attorney-General has asked the DCJ to commence a review into the legislation and the use of evidence of good character in these matters.
In conducting the review, the DCJ will consult victim-survivors – like Harrison and Grice – and victim-survivor advocacy groups, along with legal stakeholders, on options for reform to improve the experiences and outcomes for victim-survivors.
“We are committed to facilitating the best possible experience for victim-survivors in the criminal justice system,” Mr Daley said in a statement.
“By conducting careful consultation with victim-survivors and legal experts, the NSW Government aims to achieve a legal outcome that will provide long-term benefits to the community as a whole.”
An options paper will be distributed to targeted stakeholders this month, with a view to progressing any legislative reform by November.
Speaking to news.com.au, Harrison – who was molested between the ages of 13 and 16 by his stepmother – called his meeting with Mr Daley “significant progress towards advocating for reforms in child sexual abuse legislation”.
“It feels incredibly empowering and validating to see that our advocacy efforts are being heard and acknowledged by decision-makers,” the 23-year-old said.
“It reinforces the importance of survivor-led initiatives in driving meaningful change and gives hope that our voices are being taken seriously, and that our work will be publicly recognised by the NSW Government.”
It also, he added, “sends a powerful message to the survivor community that their experiences and voices matter”.
“It shows that survivors’ stories are catalysts for change and can influence policy decisions for the better,” Harrison said, “[and] sends a message to the wider community that we must prioritise survivors’ wellbeing and ensure that justice prevails in court cases relating to child sexual abuse.”
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 standards, 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.
Harrison 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.”
Full Stop Australia acting CEO Tara Hunter, who attended Harrison’s meeting with Mr Daley, told news.com.au the “[campaign] milestone is a victory”.
“This is a triumph for people with lived experience of child sexual abuse. Full Stop Australia is supportive of all reform that protects victim-survivors and holds perpetrators to account,” Ms Hunter said.
“For people impacted by sexual, domestic and family violence, court can be a very traumatising and re-traumatising experience, often without any resultant justice.
“While this particular reform is unlikely to shift conviction rates – which is a separate issue that requires attention – what it will do is prevent people convicted of child sexual abuse from getting soft and inadequate sentences based on irrelevant character references.
“The justice system absolutely needs to be structured in such a way that it holds perpetrators to account.”
Harrison echoed the sentiment, saying the Attorney-General’s response “demonstrates a commitment to creating a more compassionate and supportive environment for survivors seeking justice”.
“This shift has the potential to challenge societal perceptions and pave the way for survivor-centred reforms that prioritise healing, justice, and prevention of child sexual abuse,” he said.
“The potential of removing character references in these cases for good is only a small thing we can do among a plethora of issues that need to be resolved in order to prioritise survivors.”
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He’s now hopeful that “this inspires competition between other states to get on the front foot of this issue and collaborate with us and our campaign to achieve consistent and comprehensive child sexual abuse legislation nationwide”.
The Your Reference Ain't Relevant petition will be put before the NSW Legislative Council later this month by Greens MP Abigail Boyd.
The Your Reference Ain’t Relevant petition closes next Tuesday, August 8. You can sign it here
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