About: Gay panic defense   Sponge Permalink

An Entity of Type : owl:Thing, within Data Space : 134.155.108.49:8890 associated with source dataset(s)

In the gay panic defense, the defendant claims that they have been the object of homosexual romantic or sexual advances. The defendant finds the advances so offensive and frightening that it brings on a psychotic state characterized by unusual violence.

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  • Gay panic defense
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  • In the gay panic defense, the defendant claims that they have been the object of homosexual romantic or sexual advances. The defendant finds the advances so offensive and frightening that it brings on a psychotic state characterized by unusual violence.
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dbkwik:lgbt/proper...iPageUsesTemplate
abstract
  • In the gay panic defense, the defendant claims that they have been the object of homosexual romantic or sexual advances. The defendant finds the advances so offensive and frightening that it brings on a psychotic state characterized by unusual violence. Guidance given to counsel by the Crown Prosecution Service of England and Wales states: "The fact that the victim made a sexual advance on the defendant does not, of itself, automatically provide the defendant with a defence of self-defence for the actions that they then take." In the UK it has been known for decades as the "Portsmouth defence" or the "guardsman's defence" (the latter term was used in an episode of Rumpole of the Bailey made in 1980). In Australia, it is known as the homosexual advance defence (HAD) strategy. "The homosexual advance defence cannot be found anywhere in (the Australian Criminal Codes) legislation, its entrenchment in case law gives it the force of law". "Several Australian states and territories have either abolished the umbrella defence of provocation entirely or excluded non-violent homosexual advances from its ambit. Of those that have abolished provocation entirely, Tasmania was the first to do so in 2003". Since 2014, only South Australia and Queensland still have the "gay panic defence" (GPD) under common law within Australia.
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