Moves to axe character references after Western Power rape case

Advocates and politicians in Western Australia are petitioning to eradicate positive character references in court proceedings for individuals accused of sexual crimes. New South Wales abolished good character references in sentencing for sexual offences earlier this year. The WA government has pledged to ban positive character evidence for child sexual assault cases, but has yet to determine if the same ban should apply to cases involving adults.

Following three Western Power staff members being suspended for providing references for a former colleague convicted of rape, there is mounting pressure on the WA government to ban positive character evidence. In Spinner's sentencing, eight positive character references were presented, which the judge deemed as illustrating that the offence was out of character.

One reference described Spinner as having a strong moral compass, while another stated he always acted respectfully and appropriately. Judge Massey acknowledged the positive references, stating that they contributed to Spinner receiving a five-year jail term. However, the judge emphasized the disturbing nature of Spinner's actions against his subordinate, who was a woman he was mentoring.

The victim of Spinner's assault expressed feelings of fear, vulnerability, and uncertainty, and now views the world with a heightened sense of caution. The three staff members who provided positive character references have been dismissed following the case's revelation. Energy Minister Amber-Jade Sanderson stated that the aim was to convey to the organization and the community that such behavior is unacceptable and that it represents a significant lapse in judgment.

The Western Power CEO, Gair Landsborough, expressed surprise at the character references as he was unaware of their submission when the sentence was handed down. All aspects of Western Power's handling of the case, their communication with the Minister, and their broader culture and safety programs are currently under review. The state government has committed to eliminating positive character evidence for child sexual assault cases, but has yet to decide whether to extend this ban to adult offenders.

Attorney General Tony Buti argued that removing these references protects victims from further trauma, ensures fairness, and focuses sentencing on the gravity of the offense rather than the offender's reputation.