Christopher Luxon speaks to media following his speech at the National Party regional conference. Video / NZ Herald
The National Party is promising to ban judges from taking into account good character references when sentencing sex offenders.
While the references could still be provided to the court, if elected again later this year, National plans to change the law so judges can’t take the submissions into consideration.
PrimeMinister Christopher Luxon said taking the submissions into account was an “absolute disgrace”.
“No sexual offender is a person of good character. Period,” Luxon said.
He said no victim should have to sit in a courtroom and hear how the person who robbed them of their dignity deserves a discount at sentencing because of a statement from a former running coach or a principal.
“I don’t care if you’re a good athlete and I don’t care if your manager liked that you turned up on time at work.
“That victim in the courtroom is your character, your conviction is your character and no sympathetic statement to the contrary should play a role on their sentencing.”
"No sexual offender is a person of good character. Period," Prime Minister Christopher Luxon said. Photo / Jason Dorday
National’s justice spokesman Paul Goldsmith said too often, the interests of offenders are prioritised over victims of sexual violence.
“As the law is written today, judges are required to take into account testimony from individuals willing to speak to an offender’s character – former coaches, employers and family members willing to state on the record that any offending is the exception, not the rule.“
Goldsmith said that while this might serve the interests of “well-connected offenders”, it rarely serves the interests of victims.
“The consequences for the victim remain, regardless of the former reputation of the perpetrator.“
Under National, he said judges would be prohibited from treating good character as a mitigating factor at sentencing for all sexual offending.
“The result will be tougher sentences, and stopping judges from being forced to consider the public reputation of an offender when sentences for sexual offending are being handed down.“
This builds on the party’s previous work to limit the discounts judges can apply at sentencing to 40%, giving sexual violence victims the power to determine whether their perpetrators receive permanent name suppression and making stalking illegal and a jailable offence, Goldsmith said.
“A vote for National is a vote for real consequences for crime.”
The move to ban good character references follows the New South Wales government’s removal of good character as a mitigating factor for sex offenders at sentencing.
Katie Harris is an Auckland-based journalist who covers issues such as sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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