Queensland abolish 'gay panic' fence to murr | SBS News

gay panic law qld

Almost a year after the Queensland Government pledged to abolish what is know as the "gay panic" murr fence, no actn has been taken.

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QUEENSLAND ABOLISH 'GAY PANIC' AS CRIMAL FENCE FOR MURR

Queensland's move to dch a "homophobic, archaic law" that allowed gay panic as a partial fence for murr is weled by a Catholic prit who has been fightg for change sce Wayne Rs (pictured) was bashed to ath July 2008. * gay panic law qld *

Image source, Getty ImagImage ptn, The legal loophole had been wily regard as discrimatory and homophobicParliament the Atralian state of Queensland has voted for legislatn to remove a ntroversial "gay panic" fence om the crimal had allowed fendants to rce crimal rponsibily by claimg provotn due to an unwanted sexual 2008, was ed as a partial fence to rce two men's murr charg to manslghter.

Lobbyist Catholic prit Pl Kelly has weled Queensland Parliament's move to scrap what he lled a "homophobic, archaic and outdated law" that allowed gay panic as a partial fence for murr. "I'm absolutely thrilled that the 290, 000 signatur on my petn and support om Queensland Attorney-General Yvette D'Ath led to the axg of this homophobic, archaic and outdated law, " Father Kelly said. Jason Pearce, 43, and Richard Meerdk, 46, were jailed 2010 for manslghter, after claimg that Mr Rs had ma homosexual advanc to Pearce when they were stg on a bench the church yard.

(Supplied)"It sends a msage Queensland's crimal do not ndone or enurage vlence agast the lbian, gay, bisexual, trans, tersex muny, " Mrs D'Ath said. Queensland and South Atralia had been the only stat the untry to still allow the gay panic LNP supported the amendment bill, wh shadow attorney-general Ian Walker agreeg was important.

GAY PANIC FENCE SCRAPPED BY QUEENSLAND PARLIAMENT AFTER LOBBYG BY CATHOLIC PRIT

Rights and LGBTI group Queensland wele the aboln of the 'archaic' and 'unacceptable' so-lled 'gay panic' fence for murr. * gay panic law qld *

Campaigners celebrate as Queensland abolish ‘gay panic’ lawWAYNE Rs was bashed to ath and his killers claimed he ma an unwanted homosexual advance. The law that downgrad their sentence has been Rs was bashed to ath and his killers claimed they did bee he ma an unwanted homosexual unr a ‘gay panic’ law, they had their punishment downgrad. Queensland’s parliament late Tuday passed an amendment to the crimal to remove the so-lled “gay panic” fence for acced murrers tryg to rce their charge to the lser crime of manslghter.

“Queensland’s crimal mt not be seen to ndone vlence agast the gay muny, or ed any muny, ” Queensland’s Attorney-General and Mister for Jtice Yvette D’Ath said a statement. “The passg of this legislatn sends an important msage that discrimatn is not acceptable and that we value the LGBTI (lbian, gay, bisexual, transsexual, and tersex) muny. ” South Atralia is now the only state allowg the “gay panic” fence.

In 2008, two men who bashed 45-year-old Rs a Queensland church ground were jailed for manslghter after claimg he had ma an unwanted homosexual pass agast one of them. “It n’t brg Wayne back but ’s some small jtice and uld save a lot of liv future, ” Kujala, whose petn agast the law attracted 290, 000 signatur, said he was breathg a sigh of relief that the “homophobic, archaic and outdated law” had been petn referred to the killg of Mr Rs and the downgrad punishment. “Unbelievably, his killer’s nvictns were downgrad to manslghter, and the trial the circumstanc surroundg the bashg referred to issu that n be scribed as ‘gay panic’, the petn said.

CAMPAIGNERS CELEBRATE AS QUEENSLAND ABOLISH ‘GAY PANIC’ LAW

Queensland has abolished gay panic fence which ed to allow an acced murrer to argue that their actns were provoked due to an unwanted sexual advance. * gay panic law qld *

In the two Atralian stat, if someone who you thk is gay mak a pass at you, the sheer panic you uld feel is partial jtifitn for murr. I have no words to scribe how offensive, harmful and dangero is that two of our ernments uphold that a person n be panicked enough by gay people to jtify murr.

Queensland's parliament has abolished the so-lled 'gay panic' fence that has allowed the killg of homosexual men to be treated as manslghter not reform has been praised by the Atralian Human Rights Commissner and LGBTI groups, who have mpaigned for years for the legal partial fence to murr had allowed fendants to plead for a rctn to manslghter by claimg an unwanted homosexual advance provoked vlence.

“It has been tablished by mon law that some circumstanc an unwanted homosexual advance uld form the basis for applyg the partial fence, ” she said. “We now know they nnot get away wh murrg our sons, jt bee they’re a ltle homophobic or secure, and as a parent, that to me is a great fort, ” said Shelly Argent, the natnal spokperson for PFLAG (formerly Parents, Fai and Friends of Lbians and Gays) who has mpaigned for the rights of her son and all gay son Jam Argent said he now feels treated equally the ey of the law when to murr. "After five years of relentlsly mpaigng for this homophobic, archaic and outdated law to be axed om the legal books Queensland, I n tonight, breathe a sigh of relief and acplishment, " he told supporters a msage after the legislatn passed.

QUEENSLAND ABOLISH 'GAY PANIC' FENCE TO MURRRIGHTS AND LGBTI GROUP QUEENSLAND WELE THE ABOLN OF THE 'ARCHAIC' AND 'UNACCEPTABLE' SO-LLED 'GAY PANIC' FENCE FOR MURR.(L TO R) QUEENSLAND ATTORNEY-GENERAL YVETTE D'ATH, PREMIER ANNASTACIA PALASZCZ AND SPEAKER OF THE PARLIAMENT PETER WELLGTON BRISBANE – FILE 23/2/2017. SOURCE: AAPQUEENSLAND'S PARLIAMENT HAS ABOLISHED THE SO-LLED 'GAY PANIC' FENCE THAT HAS ALLOWED THE KILLG OF HOMOSEXUAL MEN TO BE TREATED AS MANSLGHTER NOT MURR.THE REFORM HAS BEEN PRAISED BY THE ATRALIAN HUMAN RIGHTS COMMISSNER AND LGBTI GROUPS, WHO HAVE MPAIGNED FOR YEARS FOR THE LEGAL CHANGE.THE PARTIAL FENCE TO MURR HAD ALLOWED FENDANTS TO PLEAD FOR A RCTN TO MANSLGHTER BY CLAIMG AN UNWANTED HOMOSEXUAL ADVANCE PROVOKED VLENCE.QUEENSLAND ATTORNEY-GENERAL YVETTE D'ATH SAID THE FENCE WAS NOT SPECIFILLY THE CRIMAL BUT HAD BUILT UP OVER TIME MON LAW THROUGH JUDG LGS."EQUALY BEFORE THE LAW IS A FUNDAMENTAL PRCIPLE OF HUMAN RIGHTS AND THE AMENDMENT ... WILL ENSURE THAT THIS PROVISN OPERAT EQUALLY FOR ALL MEMBERS OF OUR MUNY," MRS D'ATH SAID.TABLG THE LEGISLATN PARLIAMENT ON TUDAY NIGHT, MS D’ATH SAID THE CURRENT SUATN WAS “UNACCEPTABLE”.“IT HAS BEEN TABLISHED BY MON LAW THAT SOME CIRCUMSTANC AN UNWANTED HOMOSEXUAL ADVANCE ULD FORM THE BASIS FOR APPLYG THE PARTIAL FENCE,” SHE SAID.“THIS DO NOT REFLECT MORN SOCIETAL VIEWS ABOUT CRIMAL RPONSIBILY AND ABOUT THE EXPECTATN TO EXERCISE SELF-NTROL.“AN UNWANTED SEXUAL ADVANCE, EVEN ONE THAT VOLV MOR TOUCHG, NNOT BE ENOUGH, OTHER THAN CIRCUMSTANC OF AN EXCEPTNAL CHARACTER, TO RCE CRIMAL RPONSIBILY FOR KILLG A PERSON WH MURRO TENT.”THIS ANOMALY MEANT MANDATORY LIFE SENTENC FOR MURR DID NOT APPLY.“I MEND THE QUEENSLAND PARLIAMENT FOR PURSG THIS REFORM AND I NOTE WAS WH BI-PARTISAN SUPPORT, AND THAT IS REALLY IMPORTANT ANY HUMAN RIGHTS REFORM,” SAID ATRALIAN HUMAN RIGHTS COMMISSNER EDWARD SANTOW.TASMANIAN, ACT, VICTORIAN AND NORTHERN TERRORY PARLIAMENTS REMOVED THE FENCE OVER A AGO, FOLLOWED BY WTERN ATRALIA 2008 AND NEW SOUTH WAL 2014.MS D’ATH TOLD SBS THE LEGAL REFORM SENDS AN IMPORTANT MSAGE “SAYG WE SHOULD NOT DISCRIMATE AGAST THE LGBTI MUNY”.THE FENCE REMAS AVAILABLE TO KILLERS SOUTH ATRALIA.“WE’RE REALLY PLEASED TO SEE THE SOUTH ATRALIAN ERNMENT WANTS TO PURSUE REFORM THIS AREA,” SAID MISSNER SANTOW.LGBTI RIGHTS MPAIGNERS HAVE WELED THE MOVE, BUT SAY THEY DO NOT KNOW WHY TOOK SO LONG.“WE NOW KNOW THEY NNOT GET AWAY WH MURRG OUR SONS, JT BEE THEY’RE A LTLE HOMOPHOBIC OR SECURE, AND AS A PARENT, THAT TO ME IS A GREAT FORT,” SAID SHELLY ARGENT, THE NATNAL SPOKPERSON FOR PFLAG (FORMERLY PARENTS, FAI AND FRIENDS OF LBIANS AND GAYS) WHO HAS MPAIGNED FOR THE RIGHTS OF HER SON AND ALL GAY MEN.HER SON JAM ARGENT SAID HE NOW FEELS TREATED EQUALLY THE EY OF THE LAW WHEN TO MURR.“IF WE LOOK AT HISTORY, IS THE STRAIGHT MAN THAT HAS BEEN ASSLTG OVER THE YEARS AND ’S TIME TO PUT A LE THE SAND AND SAY WE N ALL LIVE TOGETHER HARMONY,” HE SAID.THE PH TO REPEAL THE FENCE WAS SPEARHEAD BY MARYBOROUGH PRIT FATHER PL KELLY AFTER THE FATAL 2008 BASHG OF WAYNE RS HIS CHURCH YARD, AFTER WHICH THE KILLERS RAISED THE FENCE AT TRIAL."AFTER FIVE YEARS OF RELENTLSLY MPAIGNG FOR THIS HOMOPHOBIC, ARCHAIC AND OUTDATED LAW TO BE AXED OM THE LEGAL BOOKS QUEENSLAND, I N TONIGHT, BREATHE A SIGH OF RELIEF AND ACPLISHMENT," HE TOLD SUPPORTERS A MSAGE AFTER THE LEGISLATN PASSED. FATHER KELLY SAID HE WAS RELIEVED QUEENSLAND HAD FALLY DCHED THE "ARCHAIC" LEGAL PROVISN BUT WAS SURPRISED TOOK SO LONG."SO MANY PEOPLE SAID THIS WAS A NO-BRAER AND THAT WAS CLEARLY AN ARCHAIC LAW, SO I DID FEEL THE RISTANCE TO WAS AN IOLOGIL ONE," HE TOLD AAP.A PETN IATED BY FATHER KELLY SIGNED BY ALMOST 300,000 PEOPLE AND A CELEBRY SOCIAL MEDIA MPAIGN, PHED TO QUEENSLAND ERNMENT TO FULFIL AN ELECTN PROMISE.THERE IS STILL MORE ON THE TO DO LIST FOR THE QUEENSLAND ERNMENT, MORE THAN 25-YEARS AFTER NSENSUAL GAY SEX WAS CRIMALISED.“IN THE FIRST HALF OF THIS YEAR I WILL BE BRGG FORWARD LEGISLATN TO EXPUNGE HISTORIL HOMOSEXUAL NVICTNS,” SAID MS D’ATH.SHARE4 M READPUBLISHED 22 MARCH 2017 6:16AMUPDATED 22 MARCH 2017 7:02PMBY STEFAN ARMBSTERTAGSPACIFICATRALIASHARE THIS WH FAY AND IENDSCOPY LKSHAREREMEND FOR YOU

Some warn that mov to remove the "gay panic" fence om Queensland law may have untend nsequenc." name="scriptn * gay panic law qld *

A petn iated by Father Kelly signed by almost 300, 000 people and a celebry social media mpaign, phed to Queensland ernment to fulfil an electn is still more on the to do list for the Queensland ernment, more than 25-years after nsensual gay sex was crimalised. “In the first half of this year I will be brgg forward legislatn to expunge historil homosexual nvictns, ” said Ms D’Ath. Lawmakers have passed legislatn that remov a ntroversial “gay panic” fense om the crimal an Atralian prevly enabled the measure to be ed as a partial fense to murr if an unwanted sexual advance had been ma toward the acced was most famoly ed 2008 when 45-year-old Wayne Rs was killed by two men, Jason Pearce and Richard Meerdk, who claimed Rs ma advanc at one of charg were rced to manslghter as a rult, spe Rs' fay disputg any notn that he was gay at the time.

'GAY PANIC' DEFENSE ABOLISHED ATRALIA'S QUEENSLAND STATE

The so-lled gay panic fence is set to be thrown out Queensland followg a remendatn by a parli... * gay panic law qld *

"Queensland's crimal mt not be seen to ndone vlence agast the gay muny, or ed any muny, " D’Ath said a statement released Tuday. “After five years of relentlsly mpaigng for the gay panic fense for murr to be scrapped om the legal books Queensland, I n today breathe a sigh of relief and acplishment, ” Kelly started a petn that racked up 290, 000 signatur and told the Sydney Morng Herald newspaper 2011 that the law was a "homophobic, meang, dangero sult" to gay people. Queensland has abolished gay panic fence.

Officially known as the homosexual advancement fence, gay panic is a partial fence of provotn.

QUEENSLAND FALLY ABOLISH THE GAY PANIC DEFENCE

As Queensland attorney-general Yvette D’Ath poted out, the termology of the legislatn was genr ntral, but had been tablished through mon law that unwanted gay advanc uld be ed as a partial fence. In 2008, Queensland’s Maryborough regn two separate cints occurred where a man was beaten to ath, and the gay panic fence was succsfully argued both urt s.

MOV TO REMOVE GAY PANIC OM QUEENSLAND LAW RAISE QUTNS ON UNTEND NSEQUENC

The tragic ath of Wayne Rs prompted Father Pl Kelly 2011 to beg a mpaign to have gay panic fence abolished.

Gay panic Atralia. The first time gay panic was succsfully argued Atralia was the 1992 Victorian se of R v Murley. South Atralia is now the only jurisdictn the untry where you n ntue to argue gay panic fence a urt of law.

CAMPAIGN TO END QUEENSLAND 'GAY PANIC' LAW BUILDS MOMENTUM

They found there had been a misrriage of jtice, as the origal trial judge suggted to the jury that gay panic should no longer be permissible. South Atralian Greens MLC Tammy Franks fds embarrassg, offensive and “really sad” that gay panic is still a legal fence her home state. “We were the first state to crimalise homosexualy.

GAY PANIC LAW SET TO BE SCRAPPED QLD

We’re gog to be the last state to get rid of gay panic, ” she said and add that she did have “fah” that the state would eventually abolish the antiquated law.

As for Queensland, Ms Franks said that ’s “fantastic to see Palaszcz step up and get rid of gay panic, ” puttg where should be “ the dtb of history. Ms Franks has been phg for the aboln of gay panic fence SA for years now.

Mov to remove the "gay panic" fence om Queensland law have been supported by most groups that wrote to a mtee nsirg the bill, but others have warned may have untend November, the ernment troduced a bill to abolish the gay panic to remove gay panic om Queensland law have been weled by most but qutns have been raised about the bill's iStockThe homosexual advance fence, as is known, has been ed by people acced of murr to claim they were provoked by an unwanted sexual killg on provotn provisn operat as a partial fence to a charge of murr, rcg the crimal rponsibily of the fendant to manslghter, and allowg the perpetrator to avoid life 10 of the ernment's bill would amend sectn 304 of the Crimal Co, so would not be available on the basis of an unwanted sexual advance, other than exceptnal circumstanc.

WHY IS QUEENSLAND STILL WAG TO REMOVE THE ‘GAY PANIC FENCE’?

"Furthermore, the lack of fn of "circumstanc of an exceptn character" might actually lead to a urt allowg an "unwanted sexual advance" fence to provotn by attemptg to argue that a homosexual advance is an exceptnal circumstance, which is entirely ntrary to the tentn of the legislatn and would ntravene the drafter's tentn, " she wrote.

HOW 'GAY PANIC' FENCE REFORM WAS BROUGHT ABOUT BY A STRAIGHT MAN'S ATH

"Almost every other day for the 's' of holdg hands or beg perceived to be different, we are given the ath stare, or look of disda, or have yelled at abive homophobic terms. Will give a powerful msage to the muny that the typ of asslts are unwele, unapproved and should not be tolerated, " he Brisbane LGBTIQ Actn Group submissn also supports the change, sayg LGTBI Queenslanrs felt vulnerable while "gay panic" remaed available as a partial fence to murr. "As long as ep-seated homophobia and discrimatn agast people persists some segments of society, LGBTI Queenslanrs n feel vulnerable knowg this fence uld potentially be ed, perhaps even fictly, if ever they were to be the victim of a targeted gay-bashg rultg their ath, " the submissn reads.

"In addn to makg the law fairer, by removg the so-led gay panic fence this sends an important msage to the muny that LGBTI people are valued members of society and that discrimatn is not acceptable.

QUEENSLAND HAS FALLY SCRAPPED THE 'GAY PANIC' DEFENCE

"Another submissn weled the move, but the wrer qutned whether by cludg the phrase "other than circumstanc of an exceptnal character", the bill may leave the door slightly ajar to some s where a "homosexual advance fence" may be Legal Service director of law reform Thomas Clark supported the amendment, argug the gay panic fence was archaic. "[We] believe that the mon law that giv rise to the 'gay panic' fence is pletely discrimatory while perpetuatg notn of 'send-class cizen' so often felt by the LGBTI muny Queensland, " he Gay and Lbian Rights Lobby submted that laws that legimate, and effectively ndone, vlence directed at LGBTI people "played a cisive role the humanisatn of members of our muny throughout history, so the substantive revisn of such laws is cril". Sgers, wrers and Olympians are among high-profile Atralians prsurg Queensland's ernment to fulfil a pledge to act on scrappg the so-lled "gay panic fence" by the year's current provotn laws, a fendant n argue to have a murr charge downgrad to manslghter by claimg an unwanted homosexual advance triggered the law has been dumped every other Atralian jurisdictn apart om Queensland and South Atralia, some as far back as a vio released by on Friday, screenwrer and lumnist Benjam Law directly appealed to Premier Annastacia Palaszcz to e good on her long-held tentn to act.

"Please, stick to your word and abolish this outdated, homophobic law, " he said.

"The gay panic fence to me is absolutely disgtg, " she prenter Fsta "Fuzzy" Agolley also add support the vio, while Olympic gold medalist Matthew Mcham and sger Missy Higgs also drew attentn to the mpaign this week.

CONTUED PH FOR QUEENSLAND GOVERNMENT TO ABOLISH 'GAY PANIC' FENCE

The Queensland ernment is closg a “dark ag” loophole that allows people to jtify murr by claimg they were provoked by an unwanted homosexual advance.

The so-lled “gay panic” fence is rare but entrenched Queensland se law and volv an acced reactg  a state of vlent temporary sany. Attorney-General Yvette D’Ath nfirmed that amendments would be re-troduced to the Queensland Parliament to ensure a homosexual advance was no longer nsired provotn for murr. The cisn as a particular triumph for a Queensland tholic prit who was spurred to leadg a mpaign agast the “gay panic” fence after was ed a Supreme Court trial over the bashg ath of a man the urtyard of the prit’s church.

*BEAR-MAGAZINE.COM* GAY PANIC LAW QLD

Queensland Fally Abolish the Gay Panic Defence .

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