Good character references are not relevant

MEDIA RELEASE
FOR IMMEDIATE RELEASE

National Survivors Foundation has welcomed proposed reforms by the New South Wales Government to abolish the use of "good character" references in the sentencing of convicted sexual offenders, describing the change as "long overdue" and critical to reducing harm experienced by Survivors within the justice system.

The proposed amendment to the Crimes (Sentencing Procedure) Act 1999, would prevent courts from considering character references that describe offenders as "good people" during sentencing for sexual offences.

In a formal submission to the NSW government, the National Survivors Foundation strongly supports the reform and is calling for its swift passage.

National Survivors Foundation's submission has now been formally accepted, with the final report of the Parliamentary Inquiry released yesterday. The report reflects the urgent need for reform and reinforces the evidence put forward by Survivors and advocacy organisations.

"This is a necessary and evidence-based reform that reflects what Survivors have been saying for decades," said Clare Leaney, Chief Executive Officer of National Survivors Foundation.

"Survivors are too often forced to sit in court and hear the person who harmed them described as kind, moral, or a valued member of the community. That experience is deeply retraumatising and undermines confidence in the justice system." Sexual abuse causes an enduring and often irreparable harm to those impacted. The justice system must not compound that harm by elevating narratives that minimise the seriousness of these offences.

National Survivors Foundation's submission highlights that so-called "good character" references are not a measure of accountability, but rather a reflection of an offender's access to social networks, privilege, and influence and are further evidence of the grooming pattern of behaviour.

We should not be seeking to elevate redeeming personal qualities in individuals who have been convicted of sexual offences, where their actions demonstrate a profound breach of trust, safety and character," Ms Leaney said.

"They create a structural advantage for those with social capital, while actively diminishing the lived experience of Survivors."

The submission also notes that this practice can deter Survivors from reporting offences, reinforcing perceptions that the justice system does not take their experiences seriously.

Importantly, the proposed changes will not prevent courts from considering relevant factors such as an offender's remorse, rehabilitation prospects, or likelihood of reoffending.

"This reform is narrow and proportionate," Ms Leaney said.

"It removes one harmful category of evidence while preserving judicial discretion and the ability to consider all relevant sentencing factors."

If passed, New South Wales will become the first jurisdiction in Australia to fully abolish the use of good character references in sexual offence sentencing.

National Survivors Foundation is urging other states and territories to follow suit.

"This is an opportunity for national leadership," Ms Leaney said.

"The evidence is clear, the harm is well documented, and Survivors have been calling for this change for years. Other jurisdictions should act without delay."

The Foundation also acknowledged the advocacy of Survivors who have driven this reform, including campaigns such as "Your Reference Ain't Relevant."

"This reform exists because Survivors spoke out, this is Survivor-led advocacy", Ms Leaney said. "It is essential that Survivor voices continue to shape how our justice system responds to sexual violence."

ENDS