‘In the bin’: Survivor’s plea for crackdown on pedophile defence

A child sexual abuse survivor says character references for convicted pedophiles should be “put in the bin” nationwide to avoid “grey areas” when they are sentenced.

Harrison James is a sexual abuse survivor who advocates for fellow survivors. Picture: Riccardo Raiti

A child sexual abuse survivor says character references for convicted pedophiles should be “put in the bin” nationwide to avoid “grey areas” when they are sentenced.

It comes just weeks after legal experts recommended evidence of a sexual offender’s prior good character should be given less weight by courts and charges of rape and sexual assault against children should be an aggravating factor.

Child sexual abuse survivor and Bravehearts ambassador Harrison James was abused by his stepmother from the age of 13, every day, before and after school for three years.

“And when I was 15 she fell pregnant with my daughter who for years I had to pretend was my sister in order to evade any further abuse or it being found out by my father or other family members,” Mr James said.

“She fled the country (in 2019) when I was 19 with my daughter and I haven’t seen my daughter since, I’m 25 now.”

Mr James’s stepmother has never been charged.

“I never had justice in the traditional sense,” he said.

Mr James and his friend Jarad Grice, also a victim survivor of child sexual abuse, launched the Your Reference Ain’t Relevant Campaign in NSW in 2023.

The pair have since spoken to attorneys-general in six of the eight states and territories in Australia, including Queensland.

“[I know someone] who was a victim of domestic violence and their perpetrator was able to use good character references at sentencing … it always stuck with me as such an injustice,” Mr James said.

In most states, people in positions of authority including teachers, scout masters and religious leaders have been banned from using good character references.

But Mr James said these provisions have created a “double standard” in the justice system “where only offenders in institutional settings are prohibited from using good character references”.

Harrison James when he was 13

“Perpetrators like my stepmother or if there is a neighbour or a family friend or a cousin – the way that the courts view it now is that they didn’t use their ‘outward good standing’ to get in contact with the child so they are able to rely on good character references at sentencing,” he said.

“Child sex offenders, they aren’t just adept at grooming their victims, they groom entire communities, they cultivate trust and respect and influence – all as a shield to protect their predatory behaviour.”

Among 28 recommendations in the Sentencing of Sexual Assault and Rape: The Ripple Effect report were calls for reforms to the use of “good character” evidence.

“The council’s review of sentencing remarks suggests that evidence of ‘good character’ is commonly referred to and whether it is mitigating appears to be used in court to determine the person’s prospect of rehabilitation and risk of offending”.

But Mr James said “good character” references should be scrapped nationwide.

“After two years of review, the fact that (The Queensland Sentencing Advisory Council) have concluded that good character references can still be used to argue for rehabilitation prospects for convicted child sex offenders is deeply offensive to victim survivors.”

“This recommendation really does spit in the face of survivors who have fought tirelessly to be heard.

“Hiding behind judicial discretion is a real cop out and I think the idea that judges will simply know when to dismiss harmful references is a luxury that survivors just can’t afford.

“Discretion without very clear boundaries will always allow bias to thrive and if we are serious about justice there should be no grey area here.”

The report also recommended a new aggravating factor for offences against children under 18 years to be introduced.

Attorney-General and Minister for Justice and Minister for Integrity Deb Frecklington previously said she would consider the report and its recommendations.

“My daughter has just turned nine, she’s overseas with her mother in the Philippines and I fight the urge every single morning to get on the first flight to bring her back home.

“As a father I want her to be safe but I also know right now, being such a young child, finding out your brother is actually your dad is so confusing and life-altering … there is never going to be a right time to do it.

“I just want to ensure [my daughter’s] best interests are at the forefront of every decision I make because the [stepmother] in my life didn’t do that … I’m trying to break that cycle.”

Originally published as ‘In the bin’: Survivor’s plea for crackdown on pedophile defence