The ability to be able to question a sex offender's character witness in court will change the way sexual offenders are sentenced.

That's according to Senator and criminal barrister Barry Ward, who was speaking as the Government recently approved the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which allows the prosecution in a sexual assault case to question a defendant’s character witness.

“This only comes in when someone’s been convicted of an offence,” he told Lunchtime Live.

“After that there is a sentence hearing – the defence barrister outlines the factors that would hope to reduce the sentence. 

“A defence barrister will call someone who knows the person... who can speak up for them.” 

Senator Ward explained the prosecution barrister could question the statement if they said something that is “blatantly untrue”, but the new law allows the prosecution to automatically question a character witness. 

“What's happened recently, particularly in the context of sexual offences, there has been a feeling on the victims that they’re hearing this person extolling the virtues of someone who has raped them,” he said. 

“It allows the person who stands up and says ‘John is a great person’ to be questioned, ‘Well is he a great fella? Have you not seen what he has done?’.” 

False statements

Dublin Rape Crisis Centre Executive Noeline Blackwell said character witnesses often feel pressured to support the defendant. 

“What you often have is someone will send in reams of references,” she said. 

“A defendant might even say, ‘This is what I want you to write’,” she said. 

“We could be sitting beside [a victim] knowing that a statement is literally not true without a way to contradict it.” 

A 'deterrent'

Ms Blackwell said the new law “means people have to be really careful about what they say”. 

“It probably is a deterrent,” she said. 

“Where there is something that is at-risk and where you might be cross examined, defendants will have to understand they have to be careful and cautious what they ask people to say.” 

Senator Ward said this law will be especially important when character witnesses are ‘respectable’ people. 

“There are some references that hold a great deal of weight,” he said. “There might be an employer who’s a very well-known person who puts a letter before the court and can't be questioned.” 

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