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

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  • Post last modified:February 5, 2025

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”.

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.

Another woman, 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”.

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.

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