Character references tell a court you’re a good person. Why are convicted rapists allowed to use them?

The use of good character references in sexual assault sentencing raises significant legal and ethical concerns. While such references are a longstanding feature of criminal procedure, intended to assist judges in determining an appropriate sentence, their use in sexual offence cases can sit uneasily alongside victim-survivors’ experiences of harm. This article examines the role and operation of good character evidence, contrasts it with the constraints placed on victim impact statements, and considers its potential to contribute to re-traumatisation. It also outlines emerging reform efforts across Australian jurisdictions, highlighting growing calls to reconsider the relevance and weight of character evidence in sentencing for sexual offences.