This article is about the legal defense against violent crimes. For the psychiatric term, see Homosexual panic.
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The gay panic defense or homosexual advance defence is a strategy of legal defense, which refers to a situation in which a heterosexual individual charged with a violent crime against a homosexual (or bisexual) individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them.[1][2][3][4] A defendant will use available legal defenses against assault and murder, with the aim of seeking an acquittal, a mitigated sentence, or a conviction of a lesser offense. A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating.[5]
The trans panic defense is a closely related legal strategy applied in cases of assault or murder of a transgender individual with whom the assailant(s) had engaged in or was close to engaging in sexual relations with and claim to have been unaware that the victim was transgender,[2][3][6] producing in the attacker an alleged trans panic reaction, often a manifestation of transphobia.[7][8] In most cases, the violence or murder is perpetrated by a heterosexual man to an androphilic trans woman.[7][8]
Broadly, the defenses may be called the "gay and trans panic defense" or the "LGBTQ+ panic defense".[5][6][9]
^Michalski, N. D.; Nunez, N. (2022). "When is "Gay Panic" Accepted? Exploring Juror Characteristics and Case Type as Predictors of a Successful Gay Panic Defense". Journal of Interpersonal Violence. 37 (1–2): 782–803. doi:10.1177/0886260520912595. PMID 32316819. S2CID 216073698.
^ abWorthen M (2020). Queers, Bis, and Straight Lies: An Intersectional Examination of LGBTQ Stigma. Routledge. ISBN 978-1315280318.
^ abFradella HF, Sumner JM (2016). Sex, Sexuality, Law, and (In)justice. Routledge. pp. 453–456. ISBN 978-1317528906.
^Chuang, HT; Addington, D. (October 1988). "Homosexual panic: a review of its concept". The Canadian Journal of Psychiatry. 33 (7): 613–7. doi:10.1177/070674378803300707. PMID 3197016. S2CID 30737407.
^ abJordan Blair Woods; Brad Sears; Christy Mallory (September 2016). "Gay and Trans Panic Defense". The Williams Institute - UCLA School of Law. Archived from the original on November 30, 2019.
^ abNajdowski C, Stevenson M (2018). Criminal Juries in the 21st Century: Psychological Science and the Law. Oxford University Press. pp. 71–74. ISBN 978-0190658137. The gay and trans panic defenses are rooted in antiquated ideas that homosexuality and gender nonconformity are mental illnesses (Lee, 2013).
^ abFeminist Analyses of Gendered Representations. Peter Lang. 2009. p. 82. ISBN 978-1433102769.
^ abFitzgerald, Kathleen J.; Grossman, Kandice L. (2020). Sociology of Sexualities. Sage. ISBN 978-1544370651.
^"LGBTQ+ Panic Defense". The National LGBT Bar Association. Retrieved November 1, 2019.
The gaypanicdefense or homosexual advance defence is a strategy of legal defense, which refers to a situation in which a heterosexual individual charged...
Glauert, Rik (17 April 2019). "Nevada moves towards banning 'gaypanic' defense". Gay Star News. Archived from the original on 20 May 2019. Retrieved...
want a lawyer who's going to win for me." Affluenza Chewbacca defenseGaypanicdefense The San Ysidro McDonald's massacre, blamed by the gunman's widow...
minors. In July 2020, Colorado became the 11th US state to abolish the gaypanicdefense. Colorado is frequently referred to as one of the most LGBT-friendly...
toward banning 'gaypanic' murder defense". Politico. November 25, 2019. "New Jersey Gov. Phil Murphy bans 'gaypanic' legal defense". January 22, 2020...
LGBT is an initialism that stands for "lesbian, gay, bisexual, and transgender". It may refer to anyone who is non-heterosexual, non-heteroromantic, or...
manslaughter. In at least one of the trials, a "trans panicdefense"—an extension of the gaypanicdefense—was employed. Merél and Magidson were sentenced to...
Illinois General Assembly unanimously passed SB1761 to repeal the gay and trans panicdefense. Governor Bruce Rauner signed the bill into law on August 25...
Senate vote 47-0) passed a bill (HB231) to abolish the common-law gay or trans panicdefense. Governor Larry Hogan took no action on the bill (HB231) and the...
arrested. Schmitz was charged with first-degree murder. He utilized the gaypanicdefense, in which he claimed that he killed Amedure over embarrassment over...
25-year-old David Self. His case achieved notoriety because of his failed gaypanicdefense. Ultimately, his conviction was upheld by the U.S. Supreme Court and...
Representatives unanimously passed a bill by a vote of 95–0 to abolish the gaypanic defence. The Iowa House of Representatives has passed this legislation...
the bill was reintroduced in both houses of Congress as the Gay and Trans PanicDefense Prohibition Act of 2019 (S.1721 and H.R.3133). it has been reintroduced...
traditional heteronormative behaviors. His research and findings encouraged gay men and lesbians to come out by debunking much of the stigma revolved around...
cold blood gets out very quickly…." Canadian MLA Spencer Herbert The GayPanicDefense has at times been adduced to plea for more lenient punishments for...
a gay man who was killed during an assault by an 20-year-old man in 2008. The men charged in the two cases attempted to use the gaypanicdefense. The...
housing and public accommodations, and both conversion therapy and the gaypanicdefense are outlawed in the state. Connecticut is regarded as one of the most...
have any sexual orientation or sexual identity, including heterosexual, gay, bisexual, and queer, and some trans men consider conventional sexual orientation...
cultural and family institutions largely replaced earlier panic over the "Homintern", an alleged gay conspiracy to undermine the U.S. government. The term...
transgender teenager, was murdered by two men who later used the "gaypanicdefense" before being convicted of second-degree murder. Harris, alongside...
masculine–feminine gender binary because it lumps people who identify as lesbian, gay, or bisexual (LGB) together (over-simplistically, in her view) with a heteronormative...