Queensland government introduces major law change to limit 'good character' evidence at sexual assault trials in huge overhaul
The Queensland Government has revealed a major overhaul of the state's sentencing laws – with 'good character' evidence set to be limited as part of the reform of how sexual violence cases are sentenced.
The proposed reforms include limiting the use of 'good character' evidence in court, formally recognising the harm caused to victims, and requiring courts to treat offences against children more seriously.
It follows recommendations from the Queensland Sentencing Advisory Council's final report on sentencing for sexual assault and rape offences.
Attorney-General Deb Frecklington said the amendments mark a significant shift in the state's approach to sentencing sexual offences.
'These changes send a clear message that under the Crisafulli Government, victims are being put first,' Ms Frecklington said.
'No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community, especially not their victim, bravely sitting in court.'
She explained that the reforms mean an offender's 'good character' can only be considered as a mitigating factor if it is relevant to their prospects of rehabilitation or likelihood of reoffending.
'It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve.'
Another key amendment is the introduction of a new aggravating factor requiring courts to treat sexual offences against children aged 16 or 17 as more serious. This reflects both the increased harm experienced by young victims and the higher culpability of the offender.
'When the victim of sexual violence is a child, we know that Queenslanders expect to see the gravity of that crime reflected in the sentence handed down,' Ms Frecklington said.
The bill also addresses concerns from the Sentencing Advisory Council that some victims may avoid providing a victim impact statement out of fear it could affect sentencing outcomes.
The new laws ensure no negative inference will be drawn if a victim chooses not to make such a statement.
'Victims and community safety are an absolute priority for the Crisafulli Government, and I want to thank the Queensland Sentencing Advisory Council and the Secretariat for their work,' Ms Frecklington added.
The amendments to the Penalties and Sentences Act 1992 are now before parliament.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
News.com.au
40 minutes ago
- News.com.au
Liberals still considering challenge on Bradfield election loss, says James Paterson
Coalition senator James Paterson says the NSW Liberal Party is still deciding whether to challenge the outcome of the prized Sydney seat of Bradfield, adding that he hopes Liberal candidate Gisele Kapterian will be included in the 42nd parliament. Despite leading the initial count by eight votes, Liberal candidate Gisele Kapterian lost to Climate 200 backed independent Nicolette Boele by just 26 votes in the ensuing recount. The state branch will have until 40 days after the Australian Electoral Commission (AEC) returns the writs, which the body must do before July 9. Speaking to the ABC on Sunday, Senator Paterson said it would be a matter for the NSW Liberal branch as well as Ms Kapterian, and said no decision has been made as of yet. 'I understand the NSW Liberal Party is reviewing our legal options and I really hope that we can find a way to have Giselle Kapterian in the parliament in this term because she's exactly the kind of person that would make the Liberal Party better, the parliament better and our country better,' he said. 'She's got great insights, great professional experience, she's a person I hope to be playing a big role in the future of our party. 'But it will be up to the NSW division and then ultimately if we do decide to make any application, the Court of Disputed Returns to decide that.' Senator Paterson also said a potential challenge wouldn't necessarily result in a by-election. He pointed to the 2007 election result of McEwen where a Labor challenge at the Court of Disputed Returns focused on the validity of the informal ballots. However the Court ultimately dismissed the case and awarded the seat to then Liberal MP Fran Bailey. The former Salesforce executive has also been given the assistant shadow portfolios for communications, and technology and the digital economy, and her loss would trigger a minor shadow cabinet shuffle. As recently as Thursday, incumbent Bradfield MP Nicolette Boele confirmed she had yet to receive a concession call from Ms Kapterian. Considerations behind a potential challenge will be based on the difference in the total number of votes counted between the first and second count, and the fact about 170 previously informal ballot papers had been reclassified and allowed in the recount. A Liberal source also noted that the two counts produced two different votes, with the difference in both counts making up less than 0.02 per cent of the total number of ballots cast across the electorate. Speaking on Sky, Tim Wilson, who is the only Liberal challenger who won a seat from a teal independent, credited his campaign win to running a consistent 'big, bold and ambitious' three-year campaign. 'We captured their sense of hope and aspiration for themselves and their families, and we did it on the basis that people understood that they weren't just voting on the direction of the community … they were also deciding partly the future direction of the Liberal Party, (and) increasingly also the direction of Australia as well,' he said. Following his ousting from the Melbourne seat of Goldstein in 2022, Mr Wilson won the seat back from Zoe Daniels in a precarious count which saw both sides declare themselves the victor before the AEC finalised its count.
ABC News
an hour ago
- ABC News
Rare Earth minerals
Rare earth minerals are again in the headlines. Their supply and who control's them, are ringing alarm bells, as Tariff negotiations put world trade on edge. These minerals are Essential to the global green energy transition and are a vital ingredient of today's cutting edge technology. Where are they? And what power do they exert? Guests: Gracelin Baskin, director of the critical minerals security program at the Centre for Strategic and International Studies in Washington, DC. Olivia Lazard. Affiliated with Carnegie Europe and the Berggruen Institute in Brussels. Dr. Chris Vernon, chief research scientist at CSIRO based in Perth, Western Australia John Mavrogenes, Professor of economic geography at the Australian National University in Canberra Presented and produced by Ros Bluett
ABC News
2 hours ago
- ABC News
Coalition sticks to defence spending pledge but won't say how it'll pay for it
The Coalition remains committed to lifting defence spending to 3 per cent of GDP but won't detail where the money will come from, as the shadow finance minister suggested the opposition would be open to considering broader tax reform. Prime Minister Anthony Albanese is expected to meet with Donald Trump on the sidelines of G7 summit next week, amid pressure from the United States to increase defence spending from the current level of 2.04 per cent to to 3.5. Trade Minister Don Farrell on Sunday said the government was committed to a "significant uplift in the amount of defence spending". "We're focused on what Australia needs to do and we'll make our decisions based on what's in our national interest," he told Sky News. The Coalition went to the election promising to earmark an additional $21 billion for the military between now and 2030, almost double what Labor had pledged. Appearing on Insiders on Sunday, Shadow Finance Minister James Paterson said the Coalition's target of 3 per cent of GDP in a decade had not changed since the party's devastating election loss last month. "The exact profiling of that increase is something that we'll determine through the policy process and closer to the next election. We'll be completely up front and transparent about that," he said. "But yes, we have an objective of reaching the 3 per cent of GDP because we think it is in our national interest." Senator Paterson said the Coalition had three years to outline where that additional funding would go, but listed some potential areas for investment as recruitment and retention, a munitions stockpile, northern military bases, air and missile defence and drones. "There is no shortage of good things we could spend on that would increase our ability to defend ourselves and safeguard our sovereignty," he said. But he would not be drawn on where the money to pay for the increase would come from, saying that work would occur over the coming years. Senator Paterson did suggest the opposition was open to a discussion about the way superannuation is taxed, despite its rejection of the government's plan to double the tax on super balances above $3 million from 15 to 30 per cent. "We're happy to contemplate tax reform. We're happy to talk to the government about tax reform. But we are not interested in increasing taxes, because I don't think that that is what the Australian economy needs right now," he said. "If the government was genuinely serious about a broad-based tax reform process, then we'd be up for that conversation. Now, the government has to take the first steps there." US Defense Secretary Pete Hegseth asked Defence Minister Richard Marles to increase spending to 3.5 per cent of GDP "as soon as possible" on the sidelines of a dialogue in Singapore this week, according to a statement from the US Department of Defense. Mr Hegseth had previously made similar requests, but it was the first time the administration nominated an exact figure. Negotiations with the United States over Mr Trump's 10 per cent tariffs on Australian exports continue, with the subject likely to dominate the anticipated meeting between Mr Albanese and Mr Trump. Access to Australia's critical minerals has been put forward as a potential bargaining chip as Australia continues to push for an exemption. The Coalition had previously said they would oppose Labor's plan to acquire stockpiles of critical minerals from commercial projects, to be held in a national reserve and made available to domestic industry and international partners. But Senator Paterson told Insiders it "might be necessary" for the government to support the mining and processing of critical minerals. "We're very happy to see what the government is proposing here. I can't commit to it in principle without having seen the details, but we're certainly open to it," Senator Paterson said. "Any sensible steps that represent an economic opportunity for Australia and an opportunity for us to demonstrate that we are a good alliance partner of the United States is something that we would offer bipartisan support to." Mr Farrell said Australia had offered the United States "an expanded arrangement in regards to critical minerals" as part of efforts to secure an exemption from the tariffs, which came into force in April. The trade minister met with his American counterpart, trade representative Jamieson Greer, in Paris last week, where he said he made clear that Australia wanted "all of the tariffs removed, not just some of them". "The position I put to Jamieson Greer is that the tariffs the United States has imposed on Australia are unjustified."
