The ACT Legislative Assembly's legal affairs committee has recommended banning the use of character references in sentencing for sex offenders, a move that could reshape how justice is delivered in the territory. The proposal, outlined in a recent report, aims to prevent such references from unduly influencing judicial outcomes and to better support victims.
Key Recommendations
The committee's report suggests that character references, often submitted by friends, family, or employers to portray the offender in a positive light, should no longer be considered in sex crime cases. This change is intended to reduce potential bias and ensure that sentencing focuses on the offence and its impact on the victim.
Victim-Centred Approach
Committee chairperson and Labor MLA Marisa Paterson emphasised the need for a victim-centred approach. 'Character references can inadvertently minimise the severity of the crime and the harm caused to victims,' she said. The report also calls for enhanced support services for survivors, including better access to counselling and legal advocacy.
Legal and Public Response
The proposal has drawn mixed reactions. Victim support groups have welcomed the recommendation, arguing that character references can trivialise the offender's actions. However, some legal experts caution that removing character references entirely may limit the court's ability to consider the full context of an offence. The ACT government will now consider the committee's findings before deciding on next steps.
Broader Reforms
This recommendation is part of a broader review of sexual offence laws in the ACT, which also includes measures to improve jury directions and evidence handling. The committee hopes these changes will increase reporting rates and convictions for sexual crimes.
