Queensland sexual assault survivors will be protected from hearing “good character” references for perpetrators under new laws passed in State Parliament this week.
Attorney-General Deb Frecklington said significant amendments to the Penalties and Sentences Act 1992 limited the use of “good character” evidence for sexual offences.
Attorney-General Frecklington said there was now a need to acknowledge the harm caused to victims and a requirement for the court to treat sexual offences against children as being more serious.
She said the changes responded to several recommendations made by the Queensland Sentencing Advisory Council in its final report on sentencing for sexual assault and rape offences.
The key amendments included:
- Requiring courts to recognise the harm caused to a victim as a purpose of sentencing – ensuring greater visibility and acknowledgment of victims.
- Restricting the use of ‘good character’ evidence when sentencing sexual offenders, recognising that these victims should not have to hear that their rapist is a “good bloke” or that they made “contributions to their community”.
- Introducing a new aggravating factor for rape or sexual assault committed against 16 and 17-year-old children – recognising their vulnerability and the culpability of offenders’ who target children.
- Ensuring that no negative inference can be drawn if a victim chooses not to provide a victim impact statement during sentencing.
“Supporting victims of crime is a key priority, and we will continue to put them at the heart of Queensland’s justice system,” Attorney-General Frecklington said.
“No victim of a sexual offence, bravely sitting in court, needs to hear that the offender is an ‘all-round good person’ or a ‘good bloke’.”
