‘Good character’ can mean a lighter sentence – this could change soon

In many rape cases before Queensland courts, victims are forced to hear their attacker described as a “good person”, or a “valued member of community”.

This legal strategy, used by defence teams to paint their client in the best possible light before sentencing, can have a profound effect on victims.

The Queensland Sentencing Advisory Council has now questioned whether such character references should be allowed, and has made recommendations to the state government.

Rapists are sometimes described in court as being “kind-hearted” or having “high moral values”. Credit: Robert Shakespeare

The council on Tuesday released a report on sentencing for rape and sexual assault, making 28 recommendations.

The report found courts would often hear attackers described as having “high moral values”, being a “kind-hearted, loving father”, or having a “good work ethic”.

As part of the 19-month investigation, the council found penalties for rape, particularly for offences against children, did not reflect the seriousness of the offending.

It also found courts did not have enough options for sentencing sexual assault and rape.

From a review of sentencing remarks of 131 rape cases between July 2022 and June 2023 in the District Court, the council found evidence suggesting a rapist had a positive character was referred to in 91.6 per cent of cases.

“Good character” appeared to be given “a lot of weight” in more than a quarter of cases.

The council said the most common evidence offered by the defence related to an offender’s good employment prospects, with this considered a mitigating factor in about 21 per cent of cases.

It recommended the government make reforms, including that courts be provided with discretion under the law not to mitigate sentences for a person’s otherwise “good character”, based on their standing or contributions to society.

“This discretion should be exercised having regard to the nature and seriousness of the offence, including the physical, mental or emotional harm done to a victim and the vulnerability of the victim,” the report read.

Council chair Ann Lyons AM said Australian statistics were stark, with one in five women and one in 16 men having experienced sexual violence since the age of 15.

“These figures are a sobering reminder of the prevalence of this crime and the urgent need for system change,” she said.

Courts were recommended to consider sexual crimes against children as more serious, or aggravated, offences.

“We consider that this is the best way to explicitly acknowledge that a victim under 18 years is more vulnerable, and the perpetrator more culpable,” the report read.

The council also recommended the offence of sexual assault to be reviewed, including the maximum penalties, with the crime involving a wide range of non-consensual sexual acts.

It also recommended there be recognition of victim harm during sentencing, and that the government implement previous findings by the council regarding community-based sentencing orders.

The Queensland Sexual Assault Helpline, 1800 010 120, is staffed daily, 7.30am-11.30pm. VictimConnect, 1300 318 940, operates 24 hours.