The Sentencing of Sexual Assault and Rape: The Ripple Effect – Final Report, released this week, provides 28 recommendations on how to improve sentencing outcomes for victim survivors of sexual violence.
The Queensland Sentencing Advisory Council (QSAC) submitted its final report to the Attorney-General Deb Frecklington late last year.
Council Chair the Honourable Ann Lyons AM said the report was the result of a 19-month investigation that involved extensive research, analysis of data, case law, and legislation, and significant consultation with stakeholders.
QSAC Chair Ann Lyons
“To gain a deeper understanding of their experiences and perspectives, we engaged with victim survivors, advocates and experts,” she said.
“Our findings revealed that current sentencing practices for sexual assault and rape do not adequately address the needs of victim survivors or align with community expectations.
“Sexual assault and rape are often hidden, underreported, and misunderstood, leaving many in the dark.
“This report aims to shine a light on the issue, providing crucial insights that can inform better decision-making.
“I am confident that this report will serve as a valuable resource for policymakers and practitioners in Queensland and beyond, shaping a more informed and effective response across Australia.”
Some key recommendations include the introduction of a new aggravating factor for rape and sexual assault offences against children, changes to the use of ‘good character’ evidence in sexual offence cases and recognising victim harm as an express purpose of sentencing.
Council Deputy Chair and Project Sponsor Professor Elena Marchetti said in relation to the use of ‘good character’ evidence, the report recommended limiting its use to specific, relevant circumstances.
“Its use should be limited, and courts should be allowed to disregard it altogether as a basis for reducing the sentence,” she said.
“Our recommended approach will ensure a more rigorous assessment of ‘good character’ evidence in sexual offence cases and ensures its relevance is clearly established.
“Hearing that the person who raped or sexual assaulted them is considered a ‘good person’ or a ‘valued member of the community’ can be deeply traumatic and retraumatising for victim survivors.
“Suggestions that the offence was ‘uncharacteristic’ or a ‘temporary lapse in judgement’ can further undermine their experience and hinder the offender’s genuine acceptance of responsibility for the
profound harm they have caused.”
The Council also recommended recognising victim harm as an express purpose of sentencing.
Share this article