‘Violence shouldn’t be downplayed’: Call to ban character references

Queensland’s Victims’ Commissioner has called for character references to no longer be considered by courts in all violent offences, not just rapists or those who perpetrate sexual assault.

Queensland Victims’ Commissioner, Beck O’Connor. Picture: Supplied.

Courts should be banned from considering the “good character” of all violent offenders, not just rapists and those who perpetrate sexual assault Queensland’s Victims’ Commissioner has said.

Commissioner Beck O’Connor’s call for character references to no longer be considered by courts in all violent offences is a major expansion on the government’s proposal — which she says is a “start” but must go further.

Under the government’s plan a court can only consider good character evidence — or an offender’s standing and contributions in the community — in rape and sexual assault cases if it is relevant to their ability to be rehabilitated and their reoffending risks.

But Ms O’Connor said no one’s violence “should be downplayed just because their mum says they’re a good bloke”.

“We don’t need glowing letters from mates or co-workers trying to sway a judge,” she said.

“That’s not evidence, that’s opinion, and it has no place in serious sentencing decisions.”

The government’s proposed laws, which are currently being scrutinised by a committee, will also recognise the harm caused to a sexual assault victim, and consider the age of 16 and 17 year old victims as an aggravating factor when sentencing perpetrators.

Rape and Sexual Assault Research and Advocacy chief executive Rachael Burgin said sexual cases heading to trial were akin to a “second rape” against victims, and it was “cruel” for them to have to sit through the reading of good character references.

“To go that far into a criminal justice process and to then hear how the community still supports your rapist is cruel,” Dr Burgin said.

“And that cruelty is amplified by the complete irrelevance of that information in determining any prospect of rehabilitation or risk of reoffending.”

Queensland Sexual Assault Network chief executive officer Angela Lynch said sexual predators frequently groomed the community and placed themselves within positions of influence, inevitably using a referral system that stacked against victims’ rights.

She said family and friends were not qualified to give character assessments of the perpetrator, which were subjective and not based on evidence as she questioned why it remained in the judicial process.

“It is quite unbelievable we are even discussing this and is allowed,” she said.

Queensland Family and Child Commission principal commissioner Luke Twyford was cautious about removing character references, believing there needed trust within the judicial system to strike balance.

“If I apply that to a case of a 15yo committing a graffiti offence I do see cause for a good character reference from his parents and teachers and sports coaches,” Mr Twyford said.

“Understanding that person’s life journey and understanding that person’s motivations for offending and understanding that person’s level of remorse would be an important consideration.”  

Originally published as ‘Violence shouldn’t be downplayed’: Call to ban character references