Council publishes submissions in its review of sentencing for sexual violence offences

Media statement

The Queensland Sentencing Advisory Council has published public submissions received in response to its review of how sexual assault and rape offences are sentenced which are now available to read on our website.

The Council was asked by the former Attorney-General, the Honourable Shannon Fentiman, to review current sentencing practices for sexual assault and rape and to advise if any changes to the law are needed.

Thirty-four submissions were received in response to the Council’s consultation paper on sentencing for sexual assault and rape offences, released in March 2024.

The submissions highlighted a range of issues, with a clear focus on improving the sentencing process particularly to better meet the needs of victim-survivors of sexual violence.

Issues raised included concerns about good character references being relied on at sentence, the adequacy of current sentencing practices and guidance, and support for the broader use and availability of restorative justice. The importance of judicial discretion and courts having a range of appropriate sentencing options available was also raised, as well as opportunities to enhance information and resources for victim survivors, legal practitioners, judicial officers and the broader community.

Council Deputy Chair and Project Sponsor for the review, Professor Elena Marchetti said the Council and its review team were now looking at every submission in detail and other feedback received throughout the consultation process ahead of drafting it recommendations.

“As part of our review, the Council has also carried out expert interviews, released a series of background and consultation papers, commissioned literature reviews and consulted with victims of crime”, Professor Marchetti said.

“We would like to thank all those who took the time to make a written submission, as well as the many organisations and individuals who contributed to the review by meeting with us or attending one of our consultation sessions.”

"We are particularly grateful to victim survivors who shared their experiences of the sentencing process for these offences on a confidential basis with the Council."

“We will weigh up all this feedback carefully, together with the research evidence we have gathered, to provide the Queensland Government with evidence-based recommendations,” Professor Marchetti said.

The Council will deliver its Final Report and recommendations to the current Attorney-General, the Honourable Yvette D’Ath, by 16 September 2024.

The Council is also exploring the impact of the legislated aggravating factor for domestic violence offences on sentencing practices, and whether it is affecting victims’ satisfaction with the sentencing process. The Final Report on this second part of the review is due by 30 September 2025.

The Terms of Reference outlining the matters the Council has been asked to consider is available on the Council’s website.