Rapists are not people of good character, Queensland Sentencing Advisory Council told

Because rapists are not “good” people, character references are redundant and should be abolished for rape cases, especially child rape ones, advocacy groups say.

Convicted rapists should not be allowed to have character references to help convince judges to give them a lower sentence because they are not “good” people, advocacy groups say.

And one group says if character references continue to be allowed, those who write them should be cross-examined on their content.

In preliminary submissions provided to the Queensland Sentencing Advisory Council as part of a review into sentencing practices for sexual and domestic violence, two peak groups called for an end to “good guy” reviews.

Full Stop Australia, a national non-profit that works with sexual and domestic violence survivors, provided QSAC with a preliminary submission saying victim-survivors should not have to suffer the trauma of hearing about their attacker’s “good character”.

Victim-survivors should not have to suffer the trauma of hearing about their attacker’s “good character”, argues Full Stop Australia. Picture: iStock

“Arguably, the unique nature of these offences – whereby perpetrators rely on an outwardly good reputation to perpetrate crimes behind closed doors; and a person’s public reputation has very little to do with their propensity to offend – justifies a legislative amendment altogether removing the ability of character references to be considered in their sentencing,” the submission said.

The organisation said as an alternative, tighter controls should be placed on the use of character evidence.

“For example, character referees could be required to come to Court and be cross-examined on their evidence – rather than have it be accepted without question,” Full Stop Australia said.

“Limiting, or altogether precluding, the use of character references in sentencing for sexual offences would give survivors more faith that the justice system recognises the harm caused by sexual violence.”

The organisation gave examples of occasions when good character references had helped offenders escape prison time.

“Thomas Earle, a convicted rapist, was sentenced by the ACT Supreme Court to 300 hours of community service and avoided a custodial sentence, with the judge commenting on his ‘good character’ based on several character references,” the submission said.

Jeffrey ‘Joffa’ Corfe, former leader of the Collingwood AFL cheersquad, leaves the County Court in Melbourne after pleading guilty to sexual penetration of a child under 16. Picture: NCA NewsWire/Andrew Henshaw

In another case, Collingwood Football Club superfan Jeffrey “Joffa” Corfe was convicted of the sexual penetration of a child under 16 and was given a 12-month wholly suspended prison term based partly on character references.

“One of Corfe’s character references later said he hadn’t known what the reference would be used for, and if he had, he wouldn’t have given it,” Full Stop Australia said in its submission.

The situation led to changes in the Victorian County Court that now requires people who provide character references to make it clear they have knowledge of the offending.

“The ability of character references to deliver poor justice outcomes could be addressed by altogether removing the ability of character references to be used as a mitigating factor in sentencing for sexual violence offences,” the submission said.

A submission penned by Fighters Against Child Abuse Australia (FACAA) echoed the call.

“Rapists are not people of good character,” the organisation said.

“No matter who or what they portray themselves as, or who they were before they committed their crimes, rapists are not people of good character and as such any character references are redundant and therefore should be abolished for rape cases, especially child rape cases.”

A final report on sentencing by QSAC will be delivered to Queensland’s Attorney-General on September 16.

Originally published as Rapists are not people of good character, Queensland Sentencing Advisory Council told