Queensland scraps ‘gay panic’ defence

Queensland scraps ‘gay panic’ defence
Image: Brisbane Pride parade attracted a record crowd. (PHOTO: David Alexander; Star Observer)

THE ‘gay panic’ defence to murder has been scrapped from Queensland’s Criminal Code after the amendment was introduced to parliament last year.

The controversial defence previously allowed people accused of murder to claim provocation by unwanted sexual advance.

The state government had previously committed to scrapping the law by the end last year, despite vehement opposition from the Australian Christian Lobby.

The campaign to have the law abolished was primarily led by Father Paul Kelly following the death of Wayne Ruks on the grounds of his Maryborough church in 2008.

One of the killers used the ‘gay panic’ defence and served only four years for manslaughter before being released in 2012.

In a report by The Courier-Mail, Attorney-General Yvette D’Ath said the ‘gay panic’ defence had been unacceptable.

“Queensland’s criminal code must not be seen to condone violence against the gay community, or indeed any community,” she said.

“The passing of this legislation sends an important message that discrimination is not acceptable and that we value the LGBTI community.”

Queensland and South Australia were the only jurisdictions in Australia not to have repealed the ‘gay panic’ defence.

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3 responses to “Queensland scraps ‘gay panic’ defence”

  1. Me and my same sex partner of 14 years live in West Wyalong NSW and really want to sue the federal government for delaying marriage equality under section 116 of the Australian Constitution. Religion has no place for 21st century Australia in being a secular country. I and millions of others are sick and tired of the hateful debate, delays and dead on arrival bills every time 18 times to be exact over the past 12 years go to paliament in Canberra and never go past on the second reading in both houses. I was inspired by the 2015 SCOTUS case, well 2 years later me and millions of others are still waiting!

  2. South Australia still his the gay panic defence too remember! We must start a campaign to get rid of it and repeal the gpd within South Australia too!

  3. The Queensland government must have forgotten to set up the gay sex expungement scheme, they promised to implement. An election will be called very soon in QLD and there will be 3 more years of delays. Why has it taken nearly three years and no bill been introduced at all to set up the expungement scheme. Then in August last year it was referred to the Queensland law reform commission is such a real cop out. So in other words this issue will not be dealt with until after the next election it seems! Tasmania also just a month ago did the same thing on the expungement scheme proposal, reffered it to the Tasmania law reform commission. Such s cop out. Nothing gets done until after the next election! Typical! No wonder why the Australian people hold the politicians and government institutions at a local, state, territory and federal level with contempt!