All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.
New South Wales is set to become the first jurisdiction in the country to end the use of good character references in the sentencing of convicted criminals.
The government will introduce a bill this week to amend the state’s sentencing laws. The amendment will stop people submitting references of their “good character” to lobby for more lenient sentences.
References attesting to the convicted criminal’s prospects for rehabilitation and their likelihood of reoffending will still be permitted.
The move acknowledges the potential re-traumatisation faced by victims when unsubstantiated character references from family and friends are submitted for consideration during sentencing hearings. Victims have stated the process can make them think the courts don’t care about or take seriously the harm they have experienced.
Such references have promoted people being sentenced for sexual assault and rape as having “high moral values”, being a “kind-hearted, loving father” or having a “good work ethic”.
Since 2009, NSW hasn’t allowed good character references for child sexual offenders who used their position of influence to gain access to victims.
But two sexual abuse victims, Harrison James and Jarad Grice, have led a campaign for more substantial change. Called Your Reference Ain’t Relevant, the campaign protested against convicted child sex offenders being able to produce glowing character references to reduce their sentence.
Source: NSW is ditching good character references in sentencing. Will the rest of the country follow?