The Gay/Trans Panic Defense: What It is, and How to End It

Contents:

• THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
• WHAT IS GAY PANIC DEFENCE AND WHERE IT’S STILL LEGAL
• GAY/TRANS PANIC DEFENSE BANS
• GAY AND TRANS ‘PANIC’ IS STILL BEG USED TO JTIFY ANTI-LGBTQ ATTACKS
• THE GAY PANIC DEFENSE: LEGAL DEFENSE STRATEGY OR RERCEMENT OF HOMOPHOBIA COURT?
• SOUTH ATRALIA BE FAL STATE TO ABOLISH 'GAY PANIC' MURR FENCE
• COURTS 39 AMERIN STAT STILL ADM THE “GAY-PANIC” FENCE
• NH LEGISLATN WOULD ELIMATE ‘GAY PANIC’ LEGAL FENSE FOR KILLG AN LGBTQ+ PERSON
• BEG AAID OF A GAY OR TRANS PERSON IS STILL A VALID MURR DEFENSE MOST OF THE US

THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT

The gay/trans panic legal fense legimiz and exc vlent and lethal behavr agast members of the LGBTQ+ muny. Over the urse of lbian, gay, or bisexual people's lifetim, one five will experience hate crim, and one four transgenr people will as dividuals at the tersectn of homophobia, transphobia, and racism, face worse statistics.

WHAT IS GAY PANIC DEFENCE AND WHERE IT’S STILL LEGAL

As of July 1, 2019, eight stat have passed legislative bans on the e of gay/trans panic as a legal fense: California, Illois, Rho Island, Nevada, Connecticut, Mae, Hawaii, and New York. It mt be noted that gay/trans panic is not an affirmative legal fense; is a tactic to strengthen the fense by playg on prejudice. Dpe bunkg "gay panic disorr, " and s removal om the DSM by the Amerin Psychologil Associatn 1973, legal fense teams ntue to e the 1954 murr of William T.

Simpson North Miami, FL, the fendants claimed that they shot Simpson, a gay man, while "ristg his advanc, " th utilizg the provotn fense. Even though the fendants were crimals who equented that area of highway to rob drivers, and tentnally targeted homosexual victims, the fendants were nvicted of manslghter rather than first-gree murr. The fense aga utilized the provotn fense, cg that the nature of the note and Amre's homosexualy was enough to send Schmz to a panic and kill Amre.

The gay/trans panic fense has not always been succsful. The gay/trans panic fense was emed admissible, not due to the illegimacy of the gay/trans panic fense, but stead due to Wyomg's statutory sany fense nstct.

GAY/TRANS PANIC DEFENSE BANS

Currently, there are several other state legislative efforts to ban and nounce the legimacy of the gay/trans panic fense.

At the feral level, the Equaly Act, which bans the gay/trans panic fense, has jt been troduced. Help to end this discrimatn by supportg legislative bans on the gay/trans panic steps you n, and should, take are as follows:Contact legislators and ernors stat currently tryg to ban the gay/trans panic fense. Be sure to reach out to feral legislators as an advote stat where there is currently no proposed gay/trans panic ban your own policians know that equaly unr the law should apply to the victims of hate crim as well.

Although seemgly a fence om s past, the gay panic fence is still employed wh alarmg regulary worldwi. Miller was charged wh murr, but three years later claimed he was sent to a bld “gay panic” by his neighbour.

GAY AND TRANS ‘PANIC’ IS STILL BEG USED TO JTIFY ANTI-LGBTQ ATTACKS

The “gay panic fence” stipulat that same-sex teractns are so repulsive to cisgenr, heterosexual dividuals that sends them to a rage that culmat murr. The fence first attaed regnn the 1960s, when homosexualy was still fed as a mental illns. His fence attorney lled the cint, “an acute homosexual panic brought on him by the fear that the victim was moltg him sexually”.

A troublg offshoot of the gay panic fence is the “trans panic fence.

THE GAY PANIC DEFENSE: LEGAL DEFENSE STRATEGY OR RERCEMENT OF HOMOPHOBIA COURT?

© 2019 GCN (Gay Communy News). On January 21, New Jersey beme the nth state the natn to ban the gay panic fense, a strategy that the ernor said is “rooted homophobia.

SOUTH ATRALIA BE FAL STATE TO ABOLISH 'GAY PANIC' MURR FENCE

Carsten Andren, a crimal jtice scholar, has been buildg a database of murr s that e the gay panic fense. What is the gay panic fense?

COURTS 39 AMERIN STAT STILL ADM THE “GAY-PANIC” FENCE

The offenr the gay panic fense as an exce or jtifitn to try to eva punishment for the crime of murr. In this stance, the gay panic fense was succsful.

NH LEGISLATN WOULD ELIMATE ‘GAY PANIC’ LEGAL FENSE FOR KILLG AN LGBTQ+ PERSON

Two events put me on a path to rearchg the gay panic fense. At the nference, my ey opened to the obstacl that the LGBTQ+ muny fac a state like Texas, where there is history of homophobia that ntu to the prent day. A few days after his ath, I learned for the first time that he was gay, and realized that he had lived an almost pletely closeted life.

Both of the thgs disquieted me and set the stage for my future rearch on the gay panic fense. How mon is the gay panic fense? It is also difficult to get rmatn about murrs where offenrs e a gay panic fense urt.

Based on my early analysis, fense attorneys who enter gay panic fens n rce a fendants’ murr charg 32% of the time, even though the majory of the homicis volve credible vlence. Victims who live a closeted gay life are pecially vulnerable. The offenrs the s seemed to take advantage of this “secret” after they were arrted to ultimately nstct a nefar portra of the victims their gay panic fense urt.

BEG AAID OF A GAY OR TRANS PERSON IS STILL A VALID MURR DEFENSE MOST OF THE US

In 2013, the Amerin Bar Associatn lled a proclamatn for stat to prohib the gay and trans panic fens.