In short:
The Allan Labor Government will introduce legislation in mid-2026 to remove “good character” as a mitigating factor at sentencing for all criminal offences in Victoria, including rape and serious assault.
Labor Push to Remove Good Character
The Allan Labor Government is set to introduce legislation that would remove “good character” as a mitigating factor at sentencing across all criminal offences in Victoria — including rape, sexual assault, family violence and serious assault.
Attorney-General Sonya Kilkenny says she will bring the bill to Parliament in the middle of 2026. If passed, judges will no longer be able to reduce a sentence because an offender is described as a “good person”, respected in the community, or otherwise of prior good standing.
Currently, courts can consider prior good character after a person has been found guilty.
Restrictions already apply in some child sexual abuse cases. The proposed reform would extend the ban system-wide, covering offences ranging from violent and sexual crimes to white-collar offending.
Kilkenny says victim-survivors should not have to hear the person who harmed them praised in court.
“Victim-survivors of crimes are having to sit in court and hear that the person who harmed them is a ‘good person’ – that compounds the trauma, diminishes their experience and can’t continue,” she says.
“Under Labor, safety comes first, and perpetrators must be held accountable for their crimes without excuses.”
Supporters argue the change ensures sentencing focuses on the crime and its impact, not an offender’s reputation or social standing.
However, the proposal marks a significant legal shift.
Good character has long been recognised as relevant to first-time offenders and can inform a judge’s assessment of rehabilitation prospects and risk of reoffending.
Critics are likely to argue the reform narrows judicial discretion and limits the ability of courts to consider the full personal context of an offender once guilt has been established.
The government maintains that other sentencing factors — including remorse, prospects of rehabilitation and community safety — will remain available to the court.
The legislation has not yet been introduced and must pass both houses of Parliament before becoming law.
