Reform of character references in sexual crime cases needed, say campaigners

The use of character references in sexual crime cases should be reformed urgently, campaigners have told BBC News NI.

Haileigh Ashton Lamont, a victim of sexual abuse who now works with survivors, said those convicted of these crimes should not have the option of a character reference.

She was speaking after a former SDLP councillor apologised for providing a reference for a man convicted of rape.

The Department of Justice (DoJ) said it was “actively seeking to address the use of good character references, which will require legislation”.

“In the meantime, the department would urge everyone to exercise personal responsibility when it comes to providing character references for use by a court,” it added.

There are two common ways in which character references are used in criminal courts in Northern Ireland.

The first is during the course of a trial, where the defendant has no previous convictions or relevant police connections and they can call character witnesses to give evidence.

They can also be used during sentencing, where a person has either been convicted or pleaded guilty. Written references about the individual’s character can be submitted to the court on their behalf.

The use of character references in rape and sexual assault cases has been debated in Northern Ireland for some time.

The DoJ said the judiciary must “determine what is relevant to the sentencing process”.

It added that the purpose of character references were to provide the court with “insight into any factors that could mitigate the defendant’s sentence”.

However, campaigners say that they can be re-traumatising for victims and perpetuate rape myths.

Last month, SDLP councillor Brian Tierney was suspended from the SDLP after he provided a character reference for Kielan Mooney, from Bloomfield Park in Derry.

Mooney was jailed in Dublin for eight-and-a-half years for raping a woman, who was a fellow member of the Irish Defence Forces.

Mooney’s family later said BrianTierney had been “misled” into providing the reference, as he was not aware of the “seriousness” of the charges.

He later withdrew the reference and said sorry to Mooney’s victim.

The woman told BBC Radio Foyle’s North West Today she accepted Tierney’s apology.

“He was massively misled on the seriousness of the case. I take his apology but its important I speak out for me and other women now.

“I like to refer to myself as a survivor. It did take a toll on my social life and work life but I got the right help by speaking out,” she added.

Ms Ashton Lamont said one victim told her this week that finding out about character references stopped them from coming forward.

“I think that sums up the impact they have and how detrimental they are,” she said.

She added that any time she brought up the subject of reform of the criminal justice system she was told “these things take time”.

Another woman, we’re calling Jessica, who was seriously sexually assaulted by a man she met on Tinder, was surprised at the number of references included in her case.

The man pleaded guilty to sexual and physical assault. The judge in the case said he had “committed a gross sexual and violent offence”.

“I think the number of references given in my case was completely unfair and taking advantage of the system,” she said.

“I could only provide my word, and my mum’s, through victim impact statements. That’s not comparable to the 14 character references he submitted.”

Jessica said the perpetrator should be able to demonstrate their character but there should be a limit.

Nexus, a charity which supports victims of sexual crimes, has been lobbying the government to make changes.

CEO Joanne Barnes said a perpetrator or an accused offender should have an honest and fair representation in court but this also must be relevant.

She added that in sexual crimes character references shouldn’t have any real influence in courts.

Nexus says they look to Australia and New Zealand, where character references are not permissible in sexual offence cases.

In the Republic of Ireland, from September 2024 those submitting references must appear in person and give evidence after swearing an oath or the references can be made in an affidavit.

This means character witnesses could be open to charges of perjury if they give false evidence.

In April 2018, the Gillen Review was commissioned by the DoJ to improve criminal justice outcomes and the experiences of victims.

It set out 253 recommendations.

The DoJ said the review highlighted “potential inequalities between complainants and defendants in serious sexual offence cases”.

“The complainant’s testimony is often treated with disbelief and the defendant, who can call good character evidence, may seek to undermine their character or actions whereas the complainant is not accorded the right to call character evidence or witnesses on their behalf,” it added.

If you’ve been affected by any of the issues raised in this piece, details of help and support is available on BBC Action Line.