Crisafulli Government introduces major law change to limit 'good character' evidence and recognise victim harm
- The Crisafulli Government has introduced key amendments in Parliament to the Penalties and Sentences Act 1992 for sexual violence offences.
- Changes include limiting use of 'good character' evidence, recognising victim harm at sentencing, and requiring a court to treat sexual offences committed against children as being more serious.
- Amendments respond to recommendations of Queensland Sentencing Advisory Council.
The Crisafulli Government has introduced major changes to Queensland's sentencing laws, as it continues to deliver on its commitment to prioritise victims of crime.
The reforms respond to several recommendations made by the Queensland Sentencing Advisory Council in its final report on sentencing for sexual assault and rape offences.
Under the reforms, the use of 'good character' evidence will be restricted for sexual offences, and recognition of the harm caused to a victim will become an express purpose of sentencing.
The Penalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025 will introduce a new aggravating statutory factor to require the courts to treat sexual assault and rape offences committed against children as being more serious.
The Bill also ensures that no negative inference can be drawn if a victim chooses not to provide a victim impact statement, responding to the findings of the Council that some victims are concerned not providing a statement will result in a less significant sentence.
Attorney-General and Minister for Justice and Minister for Integrity Deb Frecklington said the amendments marked a significant shift in sentencing sexual offences in the State.
"These changes send a clear message that under the Crisafulli Government, victims are being put first," the Attorney-General said.
"No one wants to hear that a rapist is all-round great person, a trustworthy mate, or that they're respected in the community – especially not their victim, bravely sitting in court.
"The amendments I have introduced today will mean an offender's 'good character' can only be treated as a mitigating factor in circumstances where it is relevant to the offender's prospects of rehabilitation or likelihood of reoffending.
"It is a major change from where we are now, but I believe a very necessary one, to give victims the respect they deserve.
"Labor might want to pretend they care about victims of crime, but they had a decade in government to prioritise those Queenslanders, and all we saw was them pushing paper around and making excuses."
The Attorney-General said other important amendments were aimed at recognising the harm done to victims, and ensuring offences committed against vulnerable children are treated more seriously by the sentencing court.
"When the victim of sexual violence is a child, we know that Queenslanders expect to see the gravity of that crime reflected in the sentence handed down," the Attorney-General said.
"Under these amendments, sexual assault and rape offences against children aged 16 or 17 can now be treated as aggravated, to reinforce not only the higher level of harm experienced by young victims, but also the higher culpability of the perpetrator.
"Victims and community safety are an absolute priority for the Crisafulli Government, and I want to thank the Queensland Sentencing Advisory Council and the Secretariat for their work."
