‘Gay panic’ to go

The controversial ‘gay panic’ defence for murder is set to be struck down by state Parliament after a cross-party committee recommended its removal from the books.

In a rare display of cross-party unity that saw openly gay and left-wing parliamentarians working with long-time gay rights opponent Reverend Fred Nile, the Select Committee on the Partial Defence of Provocation recommended on Tuesday that state Parliament amend the Crimes Act to “ensure that the partial defence is not available to defendants who respond to a non-violent sexual advance by the victim”.

The NSW attorney-general handed down a similar recommendation in 1998, but the committee expressed optimism that the proposed reforms now have widespread support in Parliament and will soon become law.

The provocation defence will be severely curtailed so it only applies to situations of “gross provocation” like prolonged domestic violence or sexual abuse. Alongside gay panic, the committee recommended that the law be amended to stop the partial defence being used by defendants who killed after learning of a partner’s infidelity, being taunted by a partner or being told that their relationship was ending.

Nationals MLC and committee deputy chair Trevor Khan reserved special praise for the NSW Gay and Lesbian Rights Lobby (GLRL), saying that their efforts to repeal the gay panic defence “gave the impetus” to Parliament, and that he was confident the Coalition government would move to make the recommendations law.

“The premier’s taken control of it – I think ‘resolving this expeditiously’ was his wording, so that’s a very positive sign,” Khan said.

“We’ve seen men in our courts from time to time escape convictions for murder on the basis of alleged sexual advance by the victim. Non-violent sexual advances should not justify the use of force in any circumstances, let alone fatal force.”

GLRL co-convenor Justin Koonin said he was very happy with the committee’s findings.

“We’ve been working for this for 15 years. This is an important step forward and the government needs to act,” Koonin said.

Labor MLC Helen Westwood said she was “delighted” by the committee’s recommendations.

“What we’ve recommended actually does reflect the values of today’s society. No one believes it is acceptable to react violently to a sexual advance. It is well beyond time that we excluded that from our laws,” shesaid.