Crisafulli Government delivers major changes to restrict 'good character' evidence and prioritise victims

• The Crisafulli Government has passed significant amendments to Penalties and Sentences Act 1992.
• Reforms include limiting the use of ‘good character’ evidence for sexual offences, acknowledging harm caused to victims, and requiring a court to treat sexual offences against children as being more serious.
• Amendments respond to Queensland Sentencing Advisory Council report. 
• After 10 years of decline where Labor refused to prioritise the rights of victims, the Crisafulli Government is delivering reforms Queenslanders expect.  

The Crisafulli Government has delivered significant legislative changes in parliament overnight that help put victims of crime back at the centre of Queensland’s justice system. 

Reforms to the Penalties and Sentences Act 1992 will ensure criminal sentencing processes prioritise victims and better meet community expectations. 

The changes respond to several recommendations made by the Queensland Sentencing Advisory Council in its final report on sentencing for sexual assault and rape offences.    

The key amendments include: 

• Requiring courts to recognise the harm caused to a victim as a purpose of sentencing – ensuring greater visibility and acknowledgment of victims. 

• Restricting the use of ‘good character’ evidence when sentencing sexual offenders, recognising that these victims should not have to hear that their rapist is a ‘good bloke’ or that they made ‘contributions to their community’. 

• Introducing a new aggravating factor for rape or sexual assault committed against 16 and 17-year-old children – recognising their vulnerability and the culpability of offenders’ who target children. 

• Ensuring that no negative inference can be drawn if a victim chooses not to provide a victim impact statement during sentencing. 

The next stage of addressing the Council’s recommendations will include holistic reviews of section 9 of the Penalties and Sentences Act, which sets out sentencing guidelines, as well as the victim impact statement regime. 

Attorney-General and Minister for Justice and Minister for Integrity Deb Frecklington said she was proud the Crisafulli Government was delivering such significant reforms for Queensland after a decade of decline under the former Labor Government. 

“The Crisafulli Government has inherited a system from the former Labor Government that failed to prioritise victims or support them through the criminal justice system,” the Attorney-General said. 

“Supporting victims of crime is a key priority for the Crisafulli Government, and we will continue to put them at the heart of Queensland’s justice system. 

“No victim of a sexual offence, bravely sitting in court, needs to hear that the offender is an ‘all-round good person’ or a ‘good bloke’. 

“Queensland is leading the way by being the first jurisdiction to make changes to restrict the use of ‘good character’ evidence at sentence for all sexual offences and I am proud to be part of a government that is delivering these reforms. 

“I thank the Council and Secretariat for their work, as well as the victims of crime, advocates, legal professionals and members of the community who contributed to these changes through the Council’s review, as well as the Committee process.”