Govt urged to scrap ‘good character’ discounts for child sex offenders
Monday, 9 March 2026
The Government is being urged to scrap “good character” discounts for child sex offenders at sentencing, amid mounting global criticism that it minimises the severity of the crime while compounding the trauma of its victims.
Chief Victims Adviser Ruth Money wrote to Justice Minister Paul Goldsmith last year asking him to amend the Sentencing Act to ensure offenders who commit sexual crimes against children can’t rely on character references to reduce their sentences, The Post can reveal.
The advice, obtained under the Official Information Act, comes amid a move in New South Wales to bar all offenders convicted of any crime from relying on “good character' as a mitigating factor at sentencing.
While good character discounts are generally taken to be sentence reductions given to people who can demonstrate a positive background, good character, or other personal circumstances, what constitutes “good character” isn’t spelt out in legislation.
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But Money said the impact it can have is huge.
“The moment you start sexually violating a child or young person or participating in online child sex offending you should lose claim to ‘good character’ references,” she said.
“Good character cannot be compartmentalised, and at the heart of good character is integrity,” Money wrote in the September memo.
She argued that such discounts risk not only minimising serious violent offending, but also deepen harm to victims who see someone trusted in their community receive leniency.
Often child sex offenders are well-known, respected members of their communities who use their power and influence to commit their crimes, Money said.
“Frankly, ‘good character’ is often a ‘tool of the trade’ for serious violent offenders and shouldn’t result in sentencing discounts.”
For example, in sentencing former deputy police commissioner Jevon McSkimming for viewing child sexual exploitation and bestiality material on his work computer, a judge referred to his previous good character to apply a 5% discount to his sentence.
“You have done a lot of good in the community as well as the bad which is reflected by this offending,” the judge said.
Across the 10-page memo, Money pointed to other examples of sitting on a board or being a philanthropist having contributed to sentence reductions.
One case she cited came from 2020, when church leader Michael Weitenberg, 54, and businessman Owen Sigley, 66, were sentenced to home detention for paying for sex with a 15-year-old who was advertised by a pimp as a “young girl”.
Good character was accepted for both, with the judge noting “both men had amazing references'.
Meanwhile, Money pointed Goldsmith towards reforms already under way across the Tasman.
In 2008, New South Wales introduced a limitation on the use of good character as a mitigating factor in sentencing for child sexual offences “if the court is satisfied that the factor concerned was of assistance to the offender in the commission of the offence”.
In practical terms, that could prevent, for example, a pastor who had won the trust of his victim from relying on his role with the church to demonstrate “good character” at sentencing.
Then, in February of this year, New South Wales went a step further, barring reference to “good character” as a mitigating factor in any criminal offending.
Queensland has also moved to restrict the use of good character references for sexual offences, ensuring that an offender’s previous reputation cannot mitigate sentences when it aids their crimes.
While Goldsmith acknowledged the concerns raised by Money when approached for comment by The Post, he stopped short of committing to reform.
“We are aware of concerns raised and will consider potential reform options as we progress through our busy justice work programme,” he said.
The minister pointed to other recent initiatives aimed at victims’ rights, including giving sexual assault victims the final say on permanent name suppression and criminalizing stalking.
Labour’s Justice spokesperson Duncan Webb emphasised the need for nuanced judicial discretion.
“People are complicated – they can do bad things but be good people, and vice versa. Judges need to look at the person in the round, given where they’ve come from and the full circumstances,” Webb said.
Webb also warned against conflating wealth or public philanthropy with good character.
“Good character could be raising a family on your own. That’s an amazing thing to do. Donating to an art gallery as a millionaire, for instance, isn’t the same thing.
“Judges need to understand good character comes in many forms and weigh it against the offending they’re looking at, but we need to be careful not to throw the baby out with the bath water,' he said.
While Webb stressed Labour didn’t have a formal position on “good character” reform, he acknowledged the difficulties.
“You can’t say someone was a good basketball coach, for example, if they were sexually offending their students,” he said.
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