Minister considering changes to use of character references in sex offence cases
THE Justice Minister has said she is considering changes to the use of good character references in relation to those accused of sexual offences in court.
The use of good character references — letters or statements provided in defence of the accused by people who would not be willing to lie about a person’s character — has been widely criticised in Northern Ireland.
In 2019, a report was published titled the The Gillen Review, which examined the law and procedures in serious sexual offences. It made over 250 recommendations, including several over the use of character references.
The report was followed by an online petition from Rape Crisis Northern Ireland, who are campaigning to remove the inclusion of good character references.
They argue that “good character tells us nothing about whether someone had consent, or had reasonable belief they had consent”.
In response to a question asked by Independent MLA Claire Sugden, Justice Minister Naomi Long was asked to detail “any steps she is taking to prevent the use of good character references in relation to those accused of sexual offences”.
Ms Long replied: “I am aware of concerns around the use of good character references in court proceedings and am giving this matter my consideration.
“It will be important to take views from key stakeholders and also to learn from experiences in other jurisdictions to help inform my thinking.”
In 2023, then-sdlp justice spokesperson Sinéad Mclaughlin said the use of good character witnesses could “re-traumatise rape victims” and supported their removal.
“We need a justice system with victims firmly at its centre and these character references can often be re-traumatising for those individuals who have come forward to report these heinous crimes,” Ms Mclaughlin said.
“I believe that our justice department should be implementing the spirit of the recommendations of the Gillen Review in full, which includes dealing with the myths around rape which are still far too prevalent in our society.”
Manager of regional services for Women’s Aid Northern Ireland, Karen Devlin, said their organisation would “greatly welcome change” in Northern Ireland regarding the use of good character witnesses being used in sexual offence trials.
“Many victims and survivors of sexual offences find it incredibly difficult to come forward and report what has happened to them, and going through the criminal justice process can be an incredibly re-traumatising experience,” she said in response to the Justice Minister’s answer to Ms Sugden.
“The use of character witnesses in sexual offence cases adds another layer of distress for the victim, as these references are designed to paint a positive picture of their alleged perpetrator, which many victims and survivors feel is used to minimise and downplay their trauma.”
She added society must “bust the myth that just because a perpetrator is seen in good standing” within a community that this “doesn’t mean they can’t commit harmful behaviours behind closed doors”.
“We often see it in our work supporting victims and survivors of domestic abuse,” she added.
“If our criminal justice system is to become trauma informed and victim centric, the practice of good character references being used in sexual offence cases must be abolished.”