#justice: Law Expert Warns Sexual Sentencing Changes Could Create New Injustices
Concerns raised over National Party proposal to remove ‘good character’ considerations for offenders An Auckland law academic is warning proposed changes to sentencing laws for sexual offenders could create unintended […]
Concerns raised over National Party proposal to remove ‘good character’ considerations for offenders
An Auckland law academic is warning proposed changes to sentencing laws for sexual offenders could create unintended consequences and expose deeper problems within New Zealand’s justice system.
Associate Professor Carrie Leonetti of Auckland Law School has raised concerns over National Party plans to remove the use of “good character” assessments during sentencing for sexual offending cases.
The proposal is aimed at preventing offenders from receiving lighter sentences based on personal reputation, career status or standing within the community. Supporters argue such assessments can unfairly minimise the seriousness of sexual harm and disadvantage victims seeking justice.
However, Leonetti says the issue highlights wider structural weaknesses in sentencing law and warns simply removing one factor may not necessarily lead to fairer or more consistent outcomes.
She says concerns remain around how judges weigh multiple sentencing factors and whether removing “good character” considerations could unintentionally create new inconsistencies or biases across the justice system.
Legal experts have long debated whether factors such as education, employment history, family support and community standing can unfairly benefit privileged offenders while disadvantaging Māori, Pasifika and lower-income defendants who may not have the same social advantages.
Critics of the current system argue these assessments can reinforce existing inequalities and contribute to public perceptions that some offenders receive preferential treatment.
At the same time, Leonetti warns piecemeal reforms risk oversimplifying complex sentencing issues without addressing the broader goals of accountability, rehabilitation, victim wellbeing and consistency across the courts.
She says more comprehensive reform may be needed to properly address how the justice system responds to sexual violence, including sentencing guidelines, victim support processes, offender rehabilitation and judicial education around trauma and harm.
Calls for reform also come amid ongoing scrutiny of how effectively the legal system responds to sexual offending, with survivors’ advocates continuing to raise concerns about reporting barriers, low conviction rates and retraumatisation during court proceedings.
Māori legal advocates have also highlighted the disproportionate impacts of the criminal justice system on Māori communities and the need for culturally grounded responses that better reflect restorative justice principles and community healing.
The debate is expected to continue as political parties sharpen law-and-order policies ahead of the next election, with sentencing reform emerging as a major issue across the justice sector.
