The Queensland Sentencing Advisory Council review of sentencing practices for sexual assault and rape offences is complete.
The Sentencing of Sexual Assault and Rape: The Ripple Effect, Final Report includes findings and 28 recommendations. The changes include: limiting use of the ‘good character’ reference, review of guilty plea reductions, better communication with victims, alternative justice approaches.
The report recognises the submissions from Respect Inc and Scarlet Alliance, that helped to inform the recommendations:
“Respect Inc and Scarlet Alliance told the Council that ‘good character’ evidence has particular impacts on victims who are sex workers and are sexually assaulted, due to the messages this sends, thus reinforcing disadvantage: Good character references contribute to reinforcing inequity between sex workers, members of a highly stigmatised community, and other members of the community. Class, race, and cultural divides are reinforced by good character references whereby defendants that are members of a socially privileged group are judged more favourably.”
“We were told by the NQWLS that it has received regular feedback from victim survivors that they do not often attend the sentence hearing because they were not informed of the sentence date – particularly in the lower courts. Similarly, Respect Inc and Scarlet Alliance reported that this issue is also prevalent for cases involving sex worker victim survivors, who report that they are often not ‘informed that the case was to be heard (particularly in the Magistrates Court)’. Both the NQWLS and Respect Inc and Scarlet Alliance described victim survivors as being ‘locked out of sentencing processes’ when this occurs. With respect to prosecutorial decision-making, Sisters Inside stated that the position and views of victim survivors are not considered throughout the criminal justice process – including at sentence – and recommended that greater regard be had to the ‘autonomy and wishes of the victim-survivors’ in deciding how sentences proceed.”
“In its submission, Respect Inc and Scarlet Alliance said that ‘survivors should be consulted about plea deals’.”
Thank-you to all the sex workers who shared their experiences to ensure our submissions reflect the lived experience of sex workers in Queensland.