National pledges to ban character assessments in sex offence sentencing

Sexual violence victims currently experience reduced sentences for perpetrators through character mitigation, prolonging their courtroom trauma and sense of injustice.
No sex offender is a person of good character
Prime Minister Luxon's statement on why character assessments should not reduce sentences for sexual crimes.

In Hamilton on Sunday, New Zealand's Justice Minister Paul Goldsmith announced that a National government would remove good character as a mitigating factor in sexual offense sentencing — a quiet but consequential shift in how the law weighs a person's reputation against the harm they have caused. The proposal reflects a long-running tension in criminal justice: whether the social standing of an offender should soften the weight of their crime, or whether the experience of the victim should anchor the court's response. It is, at its core, a question about whose story the law is designed to protect.

  • Victims of sexual violence have watched perpetrators walk away with lighter sentences while character witnesses — coaches, colleagues, family friends — vouched for the offender's reputation in open court.
  • Justice Minister Goldsmith and Prime Minister Luxon argue the current system quietly advantages the well-connected, allowing social capital to function as a legal shield against full accountability.
  • National's proposed reform would close that avenue entirely, prohibiting judges from treating good character as a mitigating factor in any sexual offense case — a hard legislative line where discretion once existed.
  • The party acknowledges the change will increase prison populations, but frames the rise as modest and manageable, positioning it as a necessary cost of meaningful consequences.
  • The policy lands as part of a broader sentencing overhaul — capping discounts at 40 percent, criminalising stalking, and granting victims power over name suppression — with non-sexual offenses potentially next in line.

Standing before the National Party Central Conference in Hamilton, Justice Minister Paul Goldsmith delivered a pointed message: New Zealand's courts have been too lenient on sexual offenders, and his party intends to change that. The centrepiece of his announcement was a proposal to prohibit judges from treating good character as a mitigating factor when sentencing for sexual crimes — closing off a legal avenue that currently allows offenders to present testimony from colleagues, coaches, or community figures to argue their crime was an aberration.

Prime Minister Christopher Luxon put the human stakes plainly, describing victims forced to sit in courtrooms and watch their perpetrators receive reduced sentences because someone offered a kind word about their reputation. "No sex offender is a person of good character," he said — a blunt formulation that captures the policy's underlying logic: the act itself forfeits the protection of reputation.

Goldsmith argued the existing framework disproportionately benefits those with the social networks to gather character witnesses, serving well-connected offenders far more than the people they harmed. The reform, he said, would mean tougher sentences across sexual offending categories. He acknowledged a modest rise in prison numbers but maintained the system has capacity to absorb it, and signalled the party would later examine whether similar restrictions should extend to other offence types.

The announcement builds on a series of criminal justice changes National has already advanced — capping sentencing discounts, making stalking imprisonable, and giving sexual violence victims a say in name suppression decisions. Whether the character assessment ban will withstand legal scrutiny or achieve its intended deterrent effect remains open. But the political message was unambiguous: in National's courtroom, a victim's experience outweighs an offender's standing.

Paul Goldsmith stood before the National Party Central Conference in Hamilton on Sunday with a straightforward message: New Zealand's courts have been too lenient on sexual offenders, and his party would change that if re-elected.

Goldsmith, who serves as Justice Minister, announced that a National government would eliminate the practice of allowing judges to consider character assessments as a reason to reduce sentences for sexual crimes. Currently, judges can hear testimony from people willing to vouch for an offender's character—a rugby coach, a colleague, a family friend—and use those testimonies to argue that the crime was an aberration, not reflective of who the person truly is. Under the proposed change, that avenue would simply close. Judges would be prohibited from treating good character as a mitigating factor in sexual offense cases, period.

Prime Minister Christopher Luxon framed the issue in visceral terms. He described victims sitting in courtrooms, forced to watch the person who caused them profound suffering receive a lighter sentence because someone was willing to say a few kind words about the offender's reputation. "No sex offender is a person of good character," Luxon said. The logic was stark: if you commit a sexual crime, your character, as the law currently understands it, is no longer available as a shield against punishment.

Goldsmith elaborated on the mechanics of the current system. Judges are required to consider character evidence and the argument that an offense represents an exception to an offender's otherwise decent life. This framework, he argued, serves the interests of well-connected offenders—those with the social capital to gather character witnesses—far more than it serves victims. "That might serve the interests of well-connected offenders, but it rarely serves the interests of victims," he said. The criminal justice system, in his view, has prioritized offenders over those they harmed too often.

The policy would result in tougher sentences across the board for sexual offending. Goldsmith acknowledged that this would mean more people in prison, though he characterized the increase as modest and said the prison system had capacity to absorb it. He also signaled that while the party would implement this change for sexual crimes first, it would later consider whether similar restrictions should apply to other categories of offenses.

This announcement builds on earlier criminal justice reforms National has championed. The party has already limited the sentencing discounts judges can apply to 40 percent, given sexual violence victims the power to decide whether their perpetrators receive permanent name suppression, and made stalking a crime punishable by imprisonment. The character assessment ban represents another step in what Goldsmith framed as fixing the basics of law and order—ensuring real consequences for crime and building communities where New Zealanders feel safe.

The message was unmistakable: the party wanted to send a clear signal that sexual offending carries weight, that it matters, that it will be punished without the softening effect of character witnesses and reputation. Whether this approach will survive legal challenge, or whether it will achieve the deterrent effect its architects hope for, remains to be seen. But the political intent was transparent: victims' experiences in the courtroom matter more than offenders' social standing.

It's unacceptable that victims need to sit and watch in a courtroom, someone who imposed so much pain and suffering on them, get a reduced sentence because of the words of a rugby coach saying they're a good bloke.
— Prime Minister Christopher Luxon
That might serve the interests of well-connected offenders, but it rarely serves the interests of victims.
— Justice Minister Paul Goldsmith
A Conversa do Hearth Outra perspectiva sobre a história
Inventor

Why does character evidence matter so much in sentencing right now? It seems straightforward—you commit a crime, you get punished.

Model

Because the law assumes people are complex. A single act, even a terrible one, doesn't necessarily define everything about a person. A judge can hear that someone spent years coaching kids, or caring for an elderly parent, and consider that alongside the crime. It's meant to be humane.

Inventor

But Goldsmith is saying that logic breaks down with sexual violence. Why?

Model

Because victims experience it as a betrayal of that very logic. They're sitting there, and the person who harmed them is being described as fundamentally good, as an exception. It feels like the law is choosing the offender's reputation over the victim's reality.

Inventor

So this ban—it's saying character doesn't matter at all for sexual crimes?

Model

Exactly. It's drawing a line and saying: in this category of harm, we're not going to entertain the argument that you're still a good person. The crime itself disqualifies you from that consideration.

Inventor

Does that change how judges actually sentence, or is it mostly symbolic?

Model

It changes the math. Right now a judge can weigh character evidence heavily. Under this policy, that weight disappears. Sentences will likely go up. But yes, there's also a symbolic message: we're saying sexual violence is different, it's not negotiable.

Inventor

What about the people who will spend more time in prison because of this?

Model

That's the trade-off. More prison time for offenders, less courtroom trauma for victims. National is betting that's the right balance.

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