California On Track to Ban Gay Panic Defense

Posted on | January 11, 2006

The Assembly Public Safety Committee of the California Legislature moved a bill on that would prohibit use of the so-called "Gay Panic" defense and its sister, the "Trans Panic" defense. These two defenses are virtually the same in that they blame the crime on the victim because of their homosexuality or transsexuality respectively. It is a victim-blaming defense because it is all but explicitly stated that if the victim had not been homosexual/transsexual the crime would not have happened. Their use has been attempted several times including the Matthew Shepard murder trial and by the defendants currently on trial for the murder of Gwen Araujo for whom the bill is named after.

California is definitely taking a leading role in passing a law like this because these two defenses are the last two ones left standing that are based on bias. Do we about judges who let men defend themselves against rape charges by saying the victim was dressed provocatively or that she was flirting with him? Or how about racially biased defenses like the "Black Rage" defense used by Colin Ferguson after he went on a shooting rampage on a Long Island commuter train killing six people and injuring nineteen? We discard those defenses because they are absolutely absurd just as the Gay/Trans Panic defenses are.

External Links:

365Gay - Calif. Bill To Ban Gay Panic Defense Advances

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Comments

One Response to “California On Track to Ban Gay Panic Defense”

Gary
January 12th, 2006 @ 1:06 am

Right-wing zealots are at it in Pennslyvania. They are putting a Marriage Protection Amendment in the mix on Jan 26th.

http://usagenda.blogspot.com/2006/01/oh-no-not-in-pennsylvania-i-dont-think.html

Just a friendly FYI to a sister in arms!