The ACT has become the first Australian jurisdiction to introduce a bill banning “good character” references in child sexual abuse cases.
Attorney-general Tara Cheyne – who introduced the bill – said existing laws are “perverse”.
The bill was informed by ‘Your Reference Ain’t Relevant’, a campaign started by survivors of child sexual abuse.
Co-founder Harrison James told TDA the proposed reform is “one of the most significant... in the past decade.”
Background
People charged with an offence can give the court a reference about their “character” from someone who knows them.
Most child sexual abuse cases are heard in state or territory courts, meaning individual jurisdictions determine sentencing procedures, such as the inclusion of character references.
In 2024, character references for convicted sex offender Ashley Griffith were “take[n]... into account” by the Queensland District Court in sentencing. Griffith had pleaded guilty to 307 child abuse offences.
Changes
Under the proposed bill, judges could not consider the “good character” of people found guilty of sexual offences against children.
Cheyne said “good character” has often allowed offenders access to children.
“It is perverse that the same good character that facilitated the child sexual abuse, can then be presented as a mitigating factor during the offender’s sentencing,” Cheyne said.
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Campaign
‘Your Reference Ain’t Relevant’ was founded in May 2023 by Harrison James and Jarad Grice.
The group campaigns against character references being included in the sentencing of child sex offenders.
In June, their campaign was discussed by the standing council of Attorneys-General from across Australia. James said the Attorneys-General were “really interested” in reforming sentencing.
James said: “It is not just a legal reform, it’s a cultural shift... it was really courageous for the [ACT] Attorney-General to go forth with it”.
He added that victim-survivors “understood that good character was actually a tool for these offenders to ingratiate themselves into the contact with the child.”
James believes Queensland and NSW will soon follow suit with similar “landmark“ reform.
Comments
ACT Shadow Minister for the Prevention of Family and Sexual Violence Deborah Morris said reform is “long overdue”.
Morris said: “Too often, victim-survivors feel re-traumatised and at-risk navigating a complex and lethargic system.”
The Opposition will “examine the bill closely to ensure that it puts victims first,” she added.
