Sentencing Sexual Assault and Rape Offences: A Queensland Study of Sentencing Laws and Practices, and Community and Victim-Survivor Views

• In Event: Sentencing of Sexual Offences

Abstract

In May 2023, the Queensland Attorney-General and Minister for Justice issued a Terms of Reference to the Queensland Sentencing Advisory Council (QSAC) asking it to review and report on sentencing practices for sexual assault and rape. After 19 months of extensive research and analysis, the Final Report, making 20 key findings and 28 recommendations, was released on 5 February 2025. The recommendations can be broadly grouped into 4 categories: (1) amendments to the Penalties and Sentences Act (which is the legislation that governs the sentencing of adults in Queensland); (2) ways to improve sentencing practices and processes; (3) implementation of the Council’s previous recommendations; and (4) other matters that require further review. As the Project Sponsor and member of the Project Board, I will firstly present an overview of the methods used for the review and the key recommendations and reasons for those recommendations. Secondly, I will focus on aspects of the sentencing process that victim-survivors of sexual violence identified as being particularly re-traumatising, namely the use of ‘good character’ evidence as a mitigating factor and the way the Victim Impact Statement (VIS) regime is used in sentencing for sexual violence. The NSW Sentencing Council and the Australian Law Reform Commission (ALRC) are currently also in the process of reviewing the use of ‘good character’ evidence. The NSW Sentencing Council has released a consultation paper, inviting submissions on the issues raised in that paper and the ALRC’s report is due early 2025. Comparisons with the focus and findings of these reports will be made to highlight how the sentencing process can be improved for victim-survivors of sexual violence.

Author

• Elena Marchetti, Griffith University