Queensland Limits Good Character References in Rape Sentencing, Boosting Victim Empowerment

May 21, 2025
Queensland Limits Good Character References in Rape Sentencing, Boosting Victim Empowerment
  • The Queensland parliament has introduced significant reforms to limit the use of good character references in sentencing for accused rapists, aligning with recommendations from the Queensland Sentencing Advisory Council.

  • Attorney-General Deb Frecklington highlighted the emotional toll on victims, sharing a personal story about a former school principal convicted of sexual offenses, which underscores the distress caused by character references.

  • These reforms have garnered support from the state opposition, who view them as a victory for survivors of sexual assault, with Shadow Attorney General Meaghan Scanlon stating that the laws will empower victims and enhance accountability for perpetrators.

  • The new legislation emphasizes victim harm as a primary goal of sentencing, ensuring that the absence of a victim impact statement does not diminish the perceived harm.

  • Under the new law, good character references can only be considered if they pertain to the offender's rehabilitation prospects or risk of reoffending, allowing courts to disregard them as mitigating factors based on the severity of the crime.

  • Historically, good character references from friends and family have significantly influenced judges' sentencing decisions in rape cases, but the new bill aims to curtail this practice.

  • Victims' Commissioner Beck O'Connor expressed cautious approval of the reforms but called for even stronger measures to completely eliminate the consideration of good character references in sentencing.

  • While Queensland is moving forward with these reforms, a review of sentencing guidelines is ongoing in New South Wales, and other states still permit good character references, except Tasmania, which banned them for child sexual abuse offenders in 2016.

Summary based on 2 sources


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