Queensland Sentencing Advisory Council Review of Sentencing Sexual Violence Offences & Aggravating Factor for Domestic and Family Violence Offences

The Salvation Army provided a submission to the Queensland Sentencing Advisory Council’s review of Sentencing for Sexual Violence Offences, and Aggravating Factor for Domestic and Family Violence Offences (the Review).

The submission was informed by consultation with The Salvation Army’s Queensland family violence services, and content from previous submissions on coercive control. According to our frontline experience, we advocate for further changes to be made to ensure the Queensland sentencing system effectively considers perpetrator risk and adequately protects victim-survivors of family violence.

Our key recommendations came down to the need for:

• The implementation of pre-sentencing risk assessments. We note a current lack of consideration regarding victim-survivor safety, with perpetrators often sentenced and served immediate release. We urge the need for greater pre-sentencing assessments in Queensland and note the New South Wales and Victorian assessments as examples.
• Training for justice services on coercive control and non-physical forms of violence. We report concern that Queensland legal processes are not adequately identifying the use of non-physical forms of violence. Ultimately, this means these forms of violence are not reflected as a ‘domestic violence offence’ and do not contribute to identifying patterns of behavior, or identification as an aggravating factor. We urge the need for greater education and training to police, prosecutors and judicial staff to enhance understanding of non-physical forms of violence, ensuring they are appropriately interpreted in sentencing processes. We further note that this would also work to reduce the instances of misidentification of victim-survivors as perpetrators of violence.
• Enhanced communication with victim-survivors. In our experience, victim-survivors are not intentionally contacted regarding sentencing outcomes. This only causes further anxiety for victim-survivors in an already stressful period. We recommend the need for a dedicated liaison person for victim-survivors in the Queensland justice system who can provide updated information regarding sentencing outcomes of perpetrators, including release and sentencing dates.
• Integrated responses to family violence. We highlight the importance of a collaborative approach to addressing perpetrator risk. We draw attention to the Alexis Program in Victoria as an example of embedding family violence specialists within the police force and embedding support for victim-survivors in the justice system.

Learn more about the Inquiry

Read The Salvation Army's Submission