'An Absolute Victory': Good Character Evidence Scrapped in NSW

Why It Matters

Removing character references shifts sentencing focus toward victim impact and signals a cultural shift in how sexual violence is treated by the justice system. The reform also sets a precedent that could influence sentencing reforms in other Australian jurisdictions.

Key Takeaways

• NSW reform removes good‑character references for sexual offence sentencing
• Survivors Harrison James and Jarad Grice drove #YourReferenceAintRelevant campaign
• Greens and Coalition added safeguards, limiting reform to sexual crimes
• Premier Chris Minns vows to extend abolition to all offences
• Legal groups caution loss of rehabilitation incentive if character evidence removed

Pulse Analysis

The NSW government’s decision to strip good‑character references from sexual‑offence sentencing marks a decisive win for survivor advocacy. The #YourReferenceAintRelevant movement, launched by two men who endured child sexual abuse, galvanized public opinion and pressured lawmakers to confront a practice that allowed perpetrators to be portrayed as upstanding citizens during sentencing. By eliminating this mitigating factor, courts are forced to weigh the severity of the crime and the harm to victims more directly, aligning legal outcomes with contemporary expectations of accountability.

Legislative negotiations revealed a split between Labor’s ambition to abolish character evidence across the board and concerns from the Greens, Coalition, and legal professional bodies. The final amendment retained the reform for sexual offences only, inserting safeguard provisions that preserve the option to present character evidence in other serious crimes such as homicide or domestic violence. Critics argue that good‑character testimony can encourage rehabilitation, while victim‑advocates contend it retraumatizes survivors by allowing offenders to receive undue praise. This compromise reflects the complex balance between restorative justice principles and the need to prioritize victim‑survivor dignity.

Looking ahead, Premier Chris Minns has pledged to introduce a separate bill that would extend the character‑evidence ban to all offences, signaling a broader shift in Australian criminal law. If successful, NSW could set a national benchmark, prompting other states to reevaluate similar sentencing practices. For survivors, the reform is more than a procedural tweak; it represents a cultural acknowledgment that the justice system must center the experiences of those harmed, not the reputations of perpetrators. The momentum generated by this campaign may catalyze further legal reforms aimed at strengthening victim‑focused outcomes across the country.