Source: Radio New Zealand
Ken Clearwater and Sam Troth. RNZ / Louis Dunham
A survivor of childhood sexual abuse is calling for good character discounts to be scrapped in sentencing sex offenders.
Sex offenders should not get credit for their supposed good character, Road to Healing Aotearoa director Sam Troth says.
Several Australian states have already changed sentencing laws to reflect that concern.
Troth had been collecting signatures for a petition calling for changes to New Zealand’s Sentencing Act. So far he had gathered about 8850.
The campaign had the support of Chief Victims Advisor Ruth Money and Justice Minister Paul Goldsmith said he was open to looking at possible reforms.
Justice Minister Paul Goldsmith said he was open to looking at possible reforms. RNZ / Samuel Rillstone
Criminals can have their sentences reduced by up to 40 percent at present for mitigating factors, including previous good character.
But Troth said people abusing their positions of influence to groom victims should not then be entitled to credit for their character.
“Basically I see a huge issue in sentencing here in New Zealand for sexual violence – the sentences are not reflecting the severity of the crime,” he said.
“Some of those reasons are for discounts that are given at sentencing time and one of those – probably the most offensive discount of all – is this good character reference, where a victim or a survivor needs to listen to a judge taking into account that this person that did these horrific things to them is of good character and discounting their sentences, sometimes up to 20 percent, because of the said good character.
“An organisation in Australia made-up of advocates and survivors are doing some amazing work over there and I’m fortunate enough to have been able to reach out to them and sort of become the New Zealand ambassador for this and they’ve gotten it over the line in three states in Australia so far.”
Sam Troth. RNZ / Louis Dunham
The ACT, Queensland, New South Wales and Victoria had either changed sentencing law or were investigating potential changes so previous good character was not a mitigating factor for sex offenders.
Former deputy police commissioner Jevon McSkimming avoided jail last year for possessing child sexual exploitation and bestiality material after receiving a 50 percent discount, which included a discount for good character.
Former knight James Wallace received 89 letters of support that were an important consideration in a High Court judge sentencing him to only 28 months’ jail for sexually assaulting three young men and trying to pervert the course of justice.
Troth said those cases and others highlighted his concerns around so-called good character discounts.
In some cases the offender’s good character was the difference in them avoiding jail time, he said.
“Howard Temple from Gloriavale … sexually offended against … six survivors … over 20 years of sexual offending – he didn’t spend one day in prison,” Troth said.
“When we look at these cases, there is no justice and there’s no reflection of the severity of the crimes that these people are committing. So if we can make changes – small changes to things like character references – I think it’ll make a difference.”
Abuse survivor and advocate Ken Clearwater said he supported Troth’s petition.
“If you have a look at all the cases lately of people who are in positions of power getting good character references – it’s just absolutely appalling,” Clearwater said.
“You’re not a good character if you’re out raping women or children, or looking at child pornography.”
Abuse survivor and advocate Ken Clearwater. RNZ / Nate McKinnon
Survivors of childhood sexual abuse that went on to commit crime were often dealt harsher sentences than the people that abused them, Clearwater said.
“A lot of our guys have been through the boys’ homes, through the Catholic Church, have been in and out of prison and … they’re getting three to five years for burglary and the person that sexually violated them – who just happens to be a minister of a religion – because of good character in the past he’s getting 24 months and out in 18. So it’s really traumatising for those guys,” Clearwater said.
Chief Victims Advisor Ruth Money had advised the government to scrap good character discounts for child sex offenders.
However, she told RNZ she supported Troth’s call to go even further.
“I find good character references problematic for all offending,” Money said.
“Why I say that is that the court isn’t informed as to why the person actually wrote the reference. There’s no policing, so to speak, no due diligence over do they actually know why they are writing the letter and what it is all about.
“So I think that good character references and the way that they are submitted to the court makes no sense. It absolutely makes no sense and the court can’t base a safe sentencing decision based on a letter written by someone – allegedly written by someone even – that didn’t actually know why they were writing the reference in the first place.”
She was particularly concerned by people using positions of power to access and abuse children.
“We see time and time again … people using positions of good character to access their victim/survivors and certainly I have not met one person who believes that you are of good character if you are sexually assaulting children, which is why my advice is saying that there absolutely should not be good character discounts,” Money said.
Chief Victims Advisor Ruth Money. RNZ / Niva Chittock
Justice Minister Paul Goldsmith said he would consider possible reforms.
“We are aware of concerns raised and will consider potential reform options as we progress through our busy justice work programme,” Goldsmith said.
“It is something I have discussed with Chief Victims Advisor Ruth Money.
“I’d note we’ve recently passed legislation that allows victims of sexual assault to have the final say over whether offenders receive permanent name suppression, as well as making stalking a criminal and jailable offence.”
Troth’s petition closes at the end of April.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
