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The Canberra Times
The Canberra Times
Tim Piccione

Barristers reject dropping child sexual abuser character references

The territory's peak legal body has rejected reform calls to preclude good character references of people convicted of child sexual abuse from sentencing consideration.

The stance has been met by the ire of a leading advocate for victim-survivors.

"Evidence of prior pro-social conduct of an offender is relevant to the sentencing exercise," the ACT Bar Association said on Wednesday in a statement.

"A blanket prohibition on the receipt of evidence of 'character' of an offender is antithetical to principles of proportionality and balance in the sentencing process."

A petition lodged last year by child sexual abuse survivors, including Harrison James, to the Legislative Assembly has called for the removal of good character references from sentencing consideration.

Mr James, co-founder of Your Reference Ain't Relevant, expressed dismay in his response to the legal body's stance, calling it "tone deaf" and a "direct insult to every survivor who has bravely shared their story".

"The community demands accountability and protection for its survivors, yet the ACT Bar Association is clinging to a position that aligns more with the interest of abusers than with the pursuit of justice," he said on Wednesday.

Harrison James, co-founder of the group Your Reference Ain't Relevant. Pictures by Sitthixay Ditthavong, supplied

"It's time for a reality check within the legal community."

The Association said the term "good character", considered among factors like age and physical condition, was not defined in ACT legislation but had instead evolved as a form of legal shorthand.

"[It refers] to evidence that an offender, aside from the conduct for which they are to be sentenced, has previously engaged in some worthwhile, pro-social activities and/or is, or was, well regarded by [their community]," it said.

The phrase, the statement said, is generally not intended to discount the gravity of the offending, and child sex offenders have often received strong deterrent sentences despite being "otherwise of good character".

In November, Attorney-General Shane Rattenbury said the Justice and Community Safety Directorate was researching and considering whether legislative reform was needed.

"The campaign implores the Assembly to create a uniform rule so all convicted perpetrators of this heinous crime can be held accountable," the petition states

"A perpetrator's 'good' character cannot be separated from the evil they commit upon the most vulnerable victims of all: children."

The Association said it understood victims may find hearing perpetrators described as being of good character distressing and confronting.

The petition received early support from Attorney-General Shane Rattenbury. Picture by Karleen Minney

"It may be argued that a person who commits such offences cannot be of 'good character'," it said.

"It may be that there is a problem of language which can be addressed by legislative amendment, as has occurred in other contexts."

But the legal body said it did not support the proposed reform, with legislation already stopping courts from considering any good character which has helped enable child sexual abuse.

The petition, which was sponsored by ACT Greens backbencher Andrew Braddock, is set to be tabled in the Assembly next week.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; Bravehearts 1800 272 831; Blue Knot Foundation 1300 657 380.
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