Strange Gay Legal Defenses & Terms

incognito12

I'm a first year law student, in our lecture on gay rights the other day, the lecturer discussed an interesting defense known as the "Gay Panic Defense" where the defendant enters a state of temporary insanity and rage resulting in violent self defense against the attacking homosexual!!

http://en.wikipedia.org/wiki/Gay_panic_defense

How weird is this!!!

Tom Young

No sorry. That's just a step too far. You're not incognito btw.

science_biggot

Strange . . . .but very ture incognito12. this defence has been used plenty in the states. Its based on the notion that the offending gay party can provoke a homocidal rage in the victim.

Tom Young

Case citations and reports and any in UK/Ireland.

incognito12

Wow that's so interesting!! I believe the term for the rage that's invoked is homosexual panic, which kind makes sense when you think about it - you out with your mates, some guy tries it on with you and can't except the word NO as actually meaning no, so goes to rape you, what are you supposed to do???

science_biggot

i dont think incognito12 was referring to any case in particular, just the notion of gay panic defense, but to be more specific

http://www.stonewall.org.uk/at_home/hate_crime_domestic_violence_and_criminal_law/2645.asp

http://www.ncbi.nlm.nih.gov/pubmed/3197016?dopt=Abstract

valleyoftheunos

science_biggot wrote: »

Strange . . . .but very ture incognito12. this defence has been used plenty in the states. Its based on the notion that the offending gay party can provoke a homocidal rage in the victim.

I suppose some people would find a gay party offensive.:D fnar fnar etc etc.

I've heard this defence mentioned but never heard an actual case cited. I would think it would be difficult to succeed with here and I think rightfully so.

science_biggot

well i suppose thats why its controversial . . . . i dont see the prob, but to be fair ive heard of more farcical things passing in court

incognito12

Thanks science_biggot, I think this whole notion of gay panic is such an interesting term both in the legal and psychological arenas! I know there's movements been made to get it removed but in my opinion it should be more strongly evoked.

I think Cynthia Lee, from University of California is very informative in this paper about the whole defense:
http://www.researchgate.net/publication/228139103_The_Gay_Panic_Defense

valleyoftheunos

incognito12 wrote: »

Thanks science_biggot, I think this whole notion of gay panic is such an interesting term both in the legal and psychological arenas! I know there's movements been made to get it removed but in my opinion it should be more strongly evoked.

I think Cynthia Lee, from University of California is very informative in this paper about the whole defense:
http://www.researchgate.net/publication/228139103_The_Gay_Panic_Defense

I'd go so far as to say that "Gay Panic" on its own simply doesn't exist as a recognised defence in this jurisdiction. I don't work in the criminal field so I'm open to correction but I imagine that it could only be pleaded with provocation. I can't imagine any court holding that being propositioned by a homosexual could amount to provocation.

Tom Young

If we remove the sexual connotation, the normal defences might be statable.

So I agree. Like calling a traveller a traveller, when assessed in the Equality Acts and legislation it's neither defamatory nor wrong.

incognito12

Your right Valley, it couldn't be used without proper provocation and often fails when it is used due to strong scientific evidence to support it, I guess it was introduced at a time when there was a lot of hysteria about homosexuality and the legal systems in various countries had to be seen to offer some protection against the rights of straight men who could potentially become victimized by homosexuals.

science_biggot

True, but im inclined to agree with incognito12. . . .straight bashing has become fairly prominent recently, probably to do with some misplaced sense of pride, possibly because of the anger associated with homosexuality,

There are different forms of assult so i dont see why there shouldnt be various defences for them

science_biggot

thats a good point incognito12, i dont think it should be treated as a taboo or sensitive subject, the law is the law regardless of sexual orentation, and i think is carp to say it discrimination. . . . not using the gay panic defence because someone is gay is may also be discriminatory

incognito12

Yeah exactly science_biggot, if your genuinely attacked, then you should be allowed shelter under this defense because its not your fault you were the target of some unsavory gay predator and managed to defend yourself! It should remain enforce.
I know from having a few gay friends that they like to think they are the only minority out there that are discriminated against but that's simply not the case at all. The media likes to highlight victimization of homosexuals at every opportunity but nothing is been said about the numerous cases of 'straight bashing' that are occurring!

I'm just shocked there's no straight pride parades . . . .

SB2013

incognito12 wrote: »

some guy tries it on with you and can't except the word NO as actually meaning no, so goes to rape you, what are you supposed to do???

Can we come back to this part? What the hell are you alking about? If someone tries to rape you and you kill them it is self defence. I don't think rape has anything to do with homosexual panic, its more a homophobic fear.

McCrack

I smell a troll and a bad one at that.