NSW “gay panic” defence laws officially abolished
THE Crimes Amendment (Provocation) Bill 2014 has officially just passed through NSW Parliament, signalling the end of the so-called “gay panic” defence laws.
The NSW Gay and Lesbian Rights Lobby have welcomed the news, calling it the end of the “most homophobic legal defence on the statute books” in the state.
The bill effectively removes the legal foundation for the use of the Homosexual Advance Defence, a common-law creation of the partial defence of provocation, in cases involving a non-violent sexual advance.
In the past, the Homosexual Advance Defence has successfully been used by people who would otherwise likely have been convicted of murder, to instead be convicted of manslaughter and thereby receive more lenient sentences, after claiming they were provoked by someone’s alleged sexual advances.
According to the NSW GLRL, this has occurred a number of times, exclusively in cases involving a non-violent sexual advance by a male towards another male.
NSW GLRL convenor Justin Koonin said: “The NSW GLRL has fought for years to end this homophobic and bi-phobic legislation and we welcome the passage of this bill.
“It sends a strong message that violence against people because of their sexual orientation is unacceptable and will certainly not be accepted as an excuse for murder.”
Koonin also commended the community members who have fought to ensure this issue remained on the agenda over the past two decades.
The bill this morning comes after a recommendation by the Legislative Council Select Committee last year that provisions the use of the gay panic defence to be removed. The bill was introduced in State Parliament in March by Christian Democrats upper house MP Fred Nile, who also led the committee last year.
Joseph, your comments are very offensive to the memory of all of those ‘innocent’ individuals who have been murdered in this country and the perpetrators have been convicted of manslaughter not murder because of the ‘gay panic defence’ laws. Joseph, you are welcome to deal with groups of men yielding baseball bats in attack mode anytime you want to! That is how often the cowards operate! Justice should operate within the law of the land , for those innocents who did not choose to be attacked and murdered!
Seems to me the only ones in “panic” mode are the ones who want this law to stay. With or without it, it changes nothing. If it bothers you that much, take a self defence course and fight back the way these thugs understand. Complacency is one of the most annoying traits in the community. Everything hinges on a god dam law whether its this or marriage. Wake up and realise the problems are inside ourselves too. We’re not victims, but so many of you are trying to make us out to be one. Grow up.