For many victim survivors, one of the most distressing moments in court is hearing the person who harmed them described as someone of “good character” - a practice long criticised for minimising trauma and privileging social reputation over lived experience.

Moves are underway to stop convicted offenders relying on evidence of their ‘good character’ during sentencing proceedings, with legislation this week aimed at reducing trauma for victim survivors and ensuring greater fairness in the justice system.

The reform follows recommendations from the NSW Sentencing Council’s review into the use of ‘good character’ as a mitigating factor at sentencing, and responds to longstanding concerns that such evidence can perpetuate social disadvantage because it is not equally available to all offenders.

Under the changes, victim survivors will no longer have to sit in court and hear the person who harmed them described as someone of ‘good character’, a practice advocates say can be deeply retraumatising.

At present, child sexual offenders are already restricted from relying on ‘good character’ or a lack of previous convictions where those factors assisted them to commit an offence - a provision known as the ‘special rule’.

For all other crimes, courts may currently consider an offender’s ‘good character’ at sentencing if it is deemed relevant.

The Government on Wednesday introduced legislation to amend the Crimes (Sentencing Procedure) Act 1999, abolishing ‘good character’ as a mitigating factor for all offences and repealing the existing ‘special rule’.

The reforms will establish a uniform approach to sentencing, aimed at ensuring the law is clear and consistent.

The changes follow sustained advocacy by Your Reference Ain’t Relevant cofounders Harrison James and Jarad Grice.

While ‘good character’ will no longer be considered, courts will still be able to take into account other relevant factors, including an offender’s prospects of rehabilitation and the likelihood of reoffending.

A lack of previous convictions will also remain a mitigating factor, though it will no longer be used to demonstrate that an offender is of ‘good character’.

Your Reference Ain’t Relevant cofounder Harrison James said his group has advocated for changes of 'good character laws' for some time.

Attorney General Michael Daley said the reform was about prioritising victim survivors and preventing offenders from minimising their actions.

“Victim survivors shouldn’t have to sit in court and hear the person who hurt them or their loved one described as a ‘good person’,” Mr Daley said.

“We know some offenders try to use their reputations and social standing to commit serious crimes and then minimise their culpability.

“No offender should be able to rely on the fact they are of ‘good character’ to mitigate the consequences of their criminal behaviour.

“I want to thank Your Reference Ain’t Relevant cofounders Harrison James and Jarad Grice for their tireless advocacy on this vital reform.

“It is another step the Government is taking to protect victim survivors and hold perpetrators to account.”

Your Reference Ain’t Relevant cofounder Harrison James said the reform represented a historic shift in how sentencing is approached.

“As a survivor of child sexual abuse, I pursued this reform for the child who was told to be silent.

"Today, I stand proud to contribute to a historic shift in justice,” Mr James said.

“This reform ensures survivors’ lived trauma outweighs an offenders’ social reputation, and I thank the Attorney-General and NSW Government for listening and acting on our campaign.

“This is one of the most monumental shifts in how the courts approach sentencing.

"After years of relentless advocacy, seeing it become reality is a dream come true.”

Full Stop Australia CEO Karen Bevan welcomed the changes, acknowledging the work of survivor advocates in driving reform.

“Full Stop Australia supports this important reform and acknowledges the work of survivor advocates in raising awareness of this issue,” Ms Bevan said.

The Your Reference Ain’t Relevant campaign championed this change and worked tirelessly to achieve it.

“The court system is re-traumatising for many victim survivors of sexual assault who have sought accountability for the crimes committed against them.

“We heard over and again how much distress the use of character references in sentencing causing and we welcome this change.”