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ABC News
ABC News
Health
state political reporter Alexandra Humphries

Sexual assault victim wants to stop paedophiles from using character references, lawyers' group pushes back

Even a former Tasmanian police minister said Millwood (pictured) was well-respected for his work at Launceston Pathology. (Supplied: The Mercury)

Tasmanian paedophile John Wayne Millwood pleaded guilty to child sexual abuse in 2016. 

His friends and colleagues told a court the former businessman was "honest, reliable and trustworthy" and "ethical at all times".

Even a former Tasmanian police minister testified that Millwood was well-respected for his work at Launceston Pathology.

They were acting as "good character" witnesses, hoping to reduce the paedophile's eventual jail sentence.

It's a practice his victim, known only as ZAB, wants the Tasmania government to reform. 

Millwood sexually abused ZAB over a period of six years in the 1980s. 

ZAB has now written to Premier Peter Gutwein, asking that "good character" witness evidence no longer be admitted as a mitigating factor in sentencing child sex offenders. 

He argued that allowing good character statements during sentencing of child sex offenders was irrelevant, a waste of the court's time and resources, and brought a "veneer of respectability" to a sex offender's crimes 

"We expect doctors to be a front-line against child sex abuse."

In a statement, Attorney-General Elise Archer said while she "cannot comment on individual matters" it is "noted that in the case of Mr Millwood it is understood that the court considered his prior 'good character' irrelevant and did not give any weight to any statements made in this regard, in determining his sentence". 

"This Tasmanian government introduced the Sentencing Amendment (Sexual Offences) Act 2016 to specifically implement the recommendations to exclude 'good character' as a mitigating factor in sentencing for sexual abuse offences."

Ms Archer said Tasmanian law "goes further than the Royal Commission to limit the circumstances in which 'good character' can be used, so that it applies in all circumstances of sexual offending (not just child-related offences)".

She added the government "closely monitors the implementation of these reforms by the courts to ensure that they operate as intended. To date, there have been no issues raised in this regard".

However, ZAB said that law change was poorly drafted, too narrow and did not achieve what the government said it was trying to do.

The amendment that is now law reads: "11A(2)(b) The court is not to take into account the offender's good character or lack of previous convictions if the court is satisfied that the offender's alleged good character or lack of previous convictions was of assistance to the offender in the commission of the sexual offence."

ZAB said it was "difficult to imagine in what circumstances this prohibition might apply, other than the situation where a well-known person's public image allowed him or her particular trust with children, such as a celebrity, or football star".

"I urge you to stop batting the issue away, and actually have a good look at the drafting of section 11A(2)(b) and consider amending it," ZAB said in response to Mr Archer's statement.

A victims' advocate said to "hear people say 'this person's good' would be devastating (for victim-survivors)". (ABC News: Luke Bowden)

Jill Maxwell, from the Sexual Assault Support Service, said child abusers sought to create a sense of safety and trustworthiness.

"I would ask whether good character statements are actually relevant when it comes to child abuse," Ms Maxwell said. 

"To hear people say 'this person's good' would be devastating (for victim-survivors)."

The Australian Lawyers Alliance's criminal justice spokesman Greg Barns said there was no evidence that the system wasn't working. 

Millwood was sentenced to four years jail in 2016, but released on parole in 2019 after serving just over half his sentence. 

ZAB was awarded $5.3 million in damages late last year. 

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