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"Gay panic" defense

Kulindahr

Kulindahr

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I saw a news piece where it was mentioned that in Australia it's possible to murder a gay person and get away with it by using a "gay panic" defense. Aussies, is that really used? I can't believe a free country would allow such a thing -- is it supposed to be like "temporary insanity"?
 
Unfortunately Kuli, this defense is neither new nor is it considered "shocking" to those who attempt to invoke it.

Gay panic defense - Wikipedia, the free encyclopedia

If you recall, it wasn't THAT long ago that Matthew Shepherd was put on trial after his murder as the defense tried to prove that he attempted to "hit on" his killers, thus providing a reasonable defense.

It's disgusting (and I think it has pretty much been exposed for exactly the tactic that it is) but homophobes continue to see it as a valid defense.
 
Wasn't there a priest in Australia who was speaking out about the need to do away with this disgraceful defense?
 
You would think of all places Australia would be a little more civilized, perhaps this story comes from one of their conservative areas.
 
Lestatnj said:
Wasn't there a priest in Australia who was speaking out about the need to do away with this disgraceful defense?
Click to expand...

I got this in an email today. It is a request to sign a petition for this Father Paul Kelly is a priest in the parish where that man was killed, and he started a petition on Change.org demanding that Queensland abolish the gay panic defense. The link is to the petition.

Human Rights Petition: Eliminate the 'gay panic' defence from Queensland law #gaypanic | Change.org

Father Paul Kelly is a priest in the parish where that man was killed, and he started a petition on Change.org demanding that Queensland abolish the gay panic defense. It looked like Father Kelly's petition was headed for victory, but now there's a new Premier in Queensland, Campbell Newman, and he won't say whether he will abolish the gay panic loophole.
Click to expand...
 
Kulindahr said:
I saw a news piece where it was mentioned that in Australia it's possible to murder a gay person and get away with it by using a "gay panic" defense. Aussies, is that really used? I can't believe a free country would allow such a thing -- is it supposed to be like "temporary insanity"?
Click to expand...

It is appalling. But I take issue with the view that Australia is a 'free' country.

Australia may be a Murdochracy, but Rupert is only part of the problem | John Pilger | Comment is free | The Guardian
 
The "gay Panic" law that Fr Paul Kelly refers to is only law in one state of Australia: Queensland. (Queensland tends to be seen as Australia's most conservative state - kind of Australia's Texas or Arizona, I guess. :-) ) The law was (astoundingly) put in place in 1997, whilst the Government of Queensland was lead by a coalition of the conservative Liberal and National parties. This particular administration, headed by Premier Rob Borbidge, came under scrutiny and ultimate investigation by the Criminal Justice Commission for inappropriate collusions with the Queensland Police Union and other organisations. They were ultimately ousted at elections just two years later.

Rest assured it is not indicative of the attitudes of everyday Australians. Every Queenslander I know thinks it's barbaric too. Please show your support and sign the petition linked above.
 
Australia needs to pick up its game.

This is bullshit from several directions.
 
That law just seems to be like an evil cousin of our "stand your ground" laws. All it would take is some seedy defense lawyer to attempt to argue someone was just "standing their ground" to ward of someone else's "deadly" gayness.
 
This hot straight guy was talking nicely to me. So I panicked, and grabbed his junk. >.<
 
^ The article reminded me of a programme on television that I used to watch religiously: 'American Justice' with Bill Kurtis. I remember an episode which told of a young man who was shot in the back in the driveway of his own home and died instantly. He fell face forward. His hands were still in his pockets.

His murderers (I think there were 2 of them) claimed that the man came on to them and, when they turned him down, he attacked them and they shot him in what they said was self defence. If I'm not mistaken, they were found not guilty because the victim was gay and had obviously coerced the men into action.

I can't remember the case, but I can still see the photo of him lying face-down beside his car with his hands in his pockets.
 
gsdx said:
^ The article reminded me of a programme on television that I used to watch religiously: 'American Justice' with Bill Kurtis. I remember an episode which told of a young man who was shot in the back in the driveway of his own home and died instantly. He fell face forward. His hands were still in his pockets.

His murderers (I think there were 2 of them) claimed that the man came on to them and, when they turned him down, he attacked them and they shot him in what they said was self defence. If I'm not mistaken, they were found not guilty because the victim was gay and had obviously coerced the men into action.

I can't remember the case, but I can still see the photo of him lying face-down beside his car with his hands in his pockets.
Click to expand...

When hate and fear are mixed with guns, we end up with our face down, hands in or pockets, regardless our orientation, skin color, nationality, and beliefs. This, I think, makes the Gods weep, including Jesus.
 
ballcaphair said:
When hate and fear are mixed with guns, we end up with our face down, hands in or pockets, regardless our orientation, skin color, nationality, and beliefs. This, I think, makes the Gods weep, including Jesus.
Click to expand...

The Founding Fathers definitely envisioned an armed populace. But they also envisioned an educated, thoughtful populace, and too many today, from gangs to churches, despise both those. Hate and fear can be controlled, but only by people willing to think and to learn -- we have too many who'd just rather not.
 
Kulindahr said:
The Founding Fathers definitely envisioned an armed populace. But they also envisioned an educated, thoughtful populace, and too many today, from gangs to churches, despise both those. Hate and fear can be controlled, but only by people willing to think and to learn -- we have too many who'd just rather not.
Click to expand...

Too true. In all of history we have never had the learning tools that we have today. We starve. We have food for thought, but no appetite.
 
Kulindahr said:
I saw a news piece where it was mentioned that in Australia it's possible to murder a gay person and get away with it by using a "gay panic" defense. Aussies, is that really used? I can't believe a free country would allow such a thing -- is it supposed to be like "temporary insanity"?
Click to expand...

If one has the wherewithall to kill a man, it would seem he would have the means to say, "No".
 
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