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.
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