More than one in three girls and almost one in five boys – 28.5 per cent of Australian children – have been sexually abused, according to the Australian Child Maltreatment Study (2023), a landmark study published earlier this year.
But only 0.3 per cent of paedophiles are convicted, and many can produce good character references to lessen their sentences, perpetuating their crimes and undermining justice.
Harrison James, a survivor of child abuse, does not believe this is acceptable.
“These statistics are a harrowing reminder that this issue is prevalent and widespread … an epidemic, in my mind,” Mr James said. “It just proves that our current approach is ineffective and requires a fundamental re-evaluation.”
Mr James and fellow survivor Jarad Grice have started a campaign, ‘Your Reference Ain’t Relevant’, to change Australian legislation so that paedophiles cannot use character references. In this way, they hope, all perpetrators would be held accountable, and child abuse survivors would be confident to pursue justice
They began in NSW, and last month lodged a petition with the ACT Legislative Assembly.
In the month since that petition was launched, it has been signed 477 times – close to the 500 needed to become a bill.
The petition would amend the ACT Crimes (Sentencing) Act 2005 to delete the words “to the extent that the offender’s good character enabled the offender to commit the offence”.
People in good standing in the community – teachers, religious leaders, scout masters, and doctors – cannot use good character references, but relations and family friends are legally within their right to do so.
“We see that as an enormous problem, because it contributes to the lack of understanding of how this crime actually operates,” Mr James said.
“It minimises the trauma that’s been endured by these powerful and brave survivors that go forward and face a legal system. And it’s paramount that that legal system focuses on the severity of the crimes rather than the social standing or character of the perpetrator.”
In NSW, for instance, a convicted paedophile named Kshetiz Bhatia had two years struck off his sentence on appeal because the original judge did not take character references into account.
“We need to create a uniform rule that encompasses all convicted paedophiles to be prohibited from utilising [character references], because that’s how this crime actually operates,” Mr James said.
Paedophiles, he says, are “master manipulators, experts at pulling the wool over our eyes”, at hiding in plain sight and exploiting their positive qualities to gain trust. They can seem to be fantastic fathers, workers, or bosses. But “being good in some aspects of their lives doesn’t preclude them from being completely evil in other aspects of it”.
“All paedophiles, regardless of their good standing, actually have to utilise or weaponise their so-called good character in order to get in contact with the victims. Good character is only further evidence that these convicted paedophiles are not only successful in grooming the victim, but everyone around that victim as well, including their family.”
The ACT petition closes at the end of January.
Mr James is confident that the petition will obtain the requisite signatures and that the change will come to fruition.
“I think Canberrans will see … the fact that it’s an ask that is morally right, and simple, and easy to understand and comprehend,” Mr James said.
“If you did a survey on the streets, and asked people should a convicted paedophile of child sexual abuse have a good character reference in the courtroom, I think you’d get about 99 per cent of participants saying ‘No way’. Societal laws should reflect our societal expectations.”
The ACT petition follows a campaign launched in NSW in May. There, the petition has been tabled in the NSW Parliament, and the state’s Attorney-General, Michael Daley, has ordered the Department of Justice to review the legislation. Mr James expects legislative reform by early next year.
“While we’re waiting for that to happen,” Mr James said, “we thought it was a perfect opportunity to launch in the ACT and extend the same mission to there, because we understand that child sexual abuse doesn’t discriminate by state borders, and neither should our efforts to combat it…
“We have the opportunity to get on the front foot of this and to act decisively to ensure this doesn’t happen to any other children.”
ACT Greens sponsor petition
The ACT petition was sponsored by Greens MLA Andrew Braddock, while Mr James says that many other ACT MLAs are on board with the petition.
“Child sexual assault perpetrators often deliberately cultivate a good public character in order to commit these heinous crimes in private,” Mr Braddock said. “The use of good character references to reduce sentences appears to be rewarding the very strategy paedophiles use to gain access to victims.
“I’m pleased to sponsor this petition from ‘Your Reference Ain’t Relevant’ campaigners who have lived experience of this issue. I hope the Assembly and Ministers will respond to the concerns of child sexual assault survivors, and investigate potential changes to ACT laws.
“I am also keen to hear the views of other survivors and those within the legal community who have more experience with this issue. Because we need to ensure our laws treat these crimes with the seriousness they deserve.”
Attorney-General Shane Rattenbury intends to pursue legal reform in this area.
“I met recently with the ‘Your Reference Ain’t Relevant’ campaigners, and am grateful for their generosity in sharing their lived experiences as survivors of child sexual abuse,” Mr Rattenbury said.
“I agree it is timely to consider how good character is used in sentencing proceedings for child sex offences, and in fact had already asked for advice on what reform could look like in the ACT. I look forward to receiving further advice in due course after stakeholder consultation.”
Support from police and victim support organisations
Other agencies – the Australian Federal Police Association (AFPA), the Domestic Violence Crisis Centre (DVCS), the Canberra Rape Crisis Centre, and the ACT Human Rights Commission – also endorse the petition.
AFPA president Alex Caruana encouraged all Canberrans to sign the petition and support the ‘Your Reference Ain’t Relevant’ campaign, and said the organisation would support the ACT Government and Attorney-General to make the changes the petition wants to achieve.
“If someone is convicted of child sex offences and exploitation, then it’s questionable about their so-called ‘good character’,” Mr Caruana said. “Good character doesn’t undo the sexual abuse or exploitation or the life-long trauma caused by the crime.
“If you’re convicted of sexually abusing or exploiting children, then you don’t deserve a ‘discount’ on sentencing just because someone believes ‘you’re a good person’.”
Mr Caruana said it was “a massive credit” to Mr James and fellow advocate Jarad Grice, “both survivors of abuse … for standing up and being the public face behind this campaign”.
Likewise, the DVCS supports the campaign to remove the ability for people sentenced for child sexual offences to have their references considered.
“Currently, the provision allows for those “if the court is satisfied that the factor concerned was of assistance to the offender in the commission of the offence” to utilise character references,” CEO Sue Webeck said.
“This is an outdated notion of how child sexual offences occur; those who use violence against children always use their power and status to prey on the vulnerability of a child.
“We understand the utilisation of grooming not just of the child whom offences occur against but also of the people surrounding that child, and with the recent Australian Child Maltreatment Study (ACMS) finding one in four Australians have experienced child sexual abuse, we must do more to not only prevent this from occurring but hold accountable the people in our community who choose to offend against children. This includes removing the utilisation of good character references in all sentencing processes.
“This sends a clear message to our community, and it sends a message to all survivors of child sexual assault that it doesn’t matter who it was, what standing they had in their community, what they did was against the law, and they will be held accountable on the basis of the offence they committed and the harm they caused.”
ACT Law Society: Reforms not needed
However, Adrian McKenna, a criminal lawyer and member of the ACT Law Society Criminal Committee, does not believe it necessary to remove good-character references, the ABC reported.
According to Mr McKenna, current laws on character and sex offenders adequately addressed the issue, and the existing system effectively distinguishes between offenders in the justice system. Mr McKenna expressed concern that eliminating good character references, whose use is restricted, could jeopardise this distinction.
“To be honest, I think that shows a fundamental lack of understanding as to how this problem really operates,” Mr James said. “It’s really disheartening as a survivor myself to see that these people that are meant to have our best interests at heart, they’re not exercising that.
“The current legislation is already halfway there. It’s already prohibiting some convicted paedophiles from utilising character references. We just want to make it a uniform rule … and create a justice system that prioritises the safety and wellbeing of survivors over the reputation of convicted paedophiles.
“It’s disappointing to see that response from the Law Society because as a campaign we were really keen to work with them and start this change. We’ll move forward, and we know that when the decision makers are faced with the opportunity to change this, I’m very confident that they will see this as a no-brainer and a morally right thing to do.”
Sexual assault or violence support services can be accessed through Victim Support ACT by calling 1800 8222 72, Canberra Rape Crisis Centre on 02 6247 2525, and Lifeline on 13 11 14.
If you believe a child is in immediate danger or in a life-threatening situation, call ACT Policing immediately on 000. Otherwise, call police on 131 444 to make a report.
