Remove the Provision of Good Character References for Paedophiles in the Sentencing Procedure of Child Sexual Abuse Cases

Subject:
Remove the Provision of Good Character References for Paedophiles in the Sentencing Procedure of Child Sexual Abuse Cases
Eligibility:
Residents of ACT
Sponsoring member:
Braddock, Andrew
No. of Signatures:
567
Posting Date:
23/10/2023
Closing Date:
1/2/2024
Tabled:
6/2/2024
Referred to Minister:
6/2/2024
Responded to:
Information about the Principal Petitioner is available through the sponsoring Member of the Legislative Assembly's office
TO: The Speaker and Members of the Legislative Assembly
Reason for this Petition

The following residents of the ACT draw the attention of the Assembly to the current provisions in the Crimes (Sentencing) Act 2005 pertaining to the sentencing of convicted paedophiles. The petitioners representing the ‘Your Reference Ain’t Relevant’ Campaign and victim-survivors of child sexual abuse state that sentences for perpetrators of child sexual abuse should not be mitigated on the basis of good character references. Currently, the legislation prohibits certain types of perpetrators to utilise good character references, for example: teachers, religious leaders, scout masters, doctors, people with obvious good standing in the community; but perpetrators who didn’t use their obvious good standing to gain access to their victims - step parents, siblings or other relatives for example - are well within their right to use these references. The campaign implores The Assembly to create a uniform rule so all convicted perpetrators of this heinous crime can be held accountable; the very nature of the crime is predatory, manipulative and involves grooming; A perpetrators “good” character cannot be separated from the evil they commit upon the most vulnerable victims of all: children.

Requested Actions

Your petitioners, therefore, request the Assembly to enact a simple amendment to section 34A (b) of the Crimes (Sentencing) Act 2005 , by deleting the words “to the extent that the offender’s good character enabled the offender to commit the offence.”