A state MP has put her name to moves to eliminate 'non-violent homosexual advance' as a murder defence in Queensland.
Brisbane MP Grace Grace has sponsored a petition which calls for 'non-violent homosexual advance' to be eliminated completely from the "ambit of evidence considered in establishing if the partial defence of provocation is justified in cases involving murder."
The petition comes after Attorney General Paul Lucas wrote for brisbanetimes.com.au in April that the passing of the Criminal Code and Other Legislation Amendment Bill 2010 had closed loopholes around the partial defence of provocation.
"No longer can mere words alone, including gay or straight advances, be sufficient for the defence of provocation, except in the most extreme and exceptional circumstances," Mr Lucas wrote.
Senior law lecturer in law at the University of Newcastle, Alan Berman, said the concept of "exceptional circumstances" was open to interpretation and could include "a non-violent homosexual advance".
"Exceptional circumstances could be a gay proposition," Dr Berman said.
"And in most cases [defence counsel] allege it wasn't only a verbal proposition but they might have gently touched them, or touched their leg and it might have sent them into a fit of rage."
Dr Berman said New South Wales and Queensland were the only two states that had this defence, calling it a "relic of the 17th Century."
The removal of the 'non-violent homosexual advance' was the number one recommendation of Mr Berman and Shirleene Robinson's 2010 book Speaking Out: Stopping Homophobic and Transphobic Abuse in Queensland.
Read more: http://www.brisbanetimes.com.au/queensland/moves-to-end-homosexual-murder-defence-20110609-1fupv.html#ixzz1P36vVxKx..........Some of the comments to this post below.............
Comments
39 comments so far
No! We must keep the gay panic defence! In fact lets extend it!
The next time some disgusting woman *shudder* tells me I'm cute I can beat her to death with a blunt object, mutilate her body, bury her in a shallow grave and get off scott free... /IRONY]
Jeff Poole | Wynnum - June 10, 2011, 7:40AM
What is the point in asking for comments on this matter as it is well known that this news site is strongly homosexual supporting and will simply refuse to publish any comments that do not support the homosexual lobby.
Therefore the only comments that will be published will be those that meet with the approval of the Brisbane Times in house homosexual censors.
The Stump | Australia - June 10, 2011, 8:18AM
The link to the e-petition didn't seem to work for me...here it is again.... http://www.parliament.qld.gov.au/view/EPetitions_QLD/CurrentEPetition.aspx?PetNum=1694&lIndex=-1
Martin | Brisbane - June 10, 2011, 8:23AM
Gay-hate murders 'done as sport'
http://www.smh.com.au/articles/2002/08/12/1029113894539.html
The above article from 2002 says it all.
johnhunter2007 | Brisbane - June 10, 2011, 9:11AM
Ridiculous laws like this that are based on discrimination must go. I've signed the petition.
Mark | Brisbane - June 10, 2011, 9:22AM
It seems pretty logical to get rid of the ridiculous and extremely dated "defence" of "gay panic".
I'm sure there are some straight men who receive unwanted attention from gay men, but is that really any different to straight women receiving unwanted attention from straight men?
AJ | Brisbane - June 10, 2011, 9:22AM
I must admit living in New Farm and have been mistaken as a gay bloke, I have also been approached quite a number of times in club and bars. I didnt think much of it at first but I am getting rather tired of it. Sometimes it well over the top and boarders on assult. I would count that if a bloke who touches me in a way that I consider inappropriate I would take steps to defend myself. I would consider this exceptional circumstances.
Greg | New Farm - June 10, 2011, 10:16AM
What a waste of time and resources. I wish this country's politicians would focus on things that matter instead of pandering to minorities to try and secure votes.
Chuck | Brisbane - June 10, 2011, 10:17AM
Someone propositions you, gay or straight, and you're not interested? Just say no. Adjustment of the Law to remove this archaic item which mitigates violent dim-wits who speak with their fists is a positive step to bringing QLD into line with the rest of Australia and the developed world.
VS | Sydney, NSW. - June 10, 2011, 10:24AM
adn Chuck, I'm sure if you'd been the victim of hate violence you might think differently. Sad you can only think of yourself.
Daniel | Brisbane - June 10, 2011, 10:33AM
I can not beleive that these Laws are still hanging around from the Jo erra, That have to go.
petcol | Nudgee - June 10, 2011, 10:42AM
Greg, now you know what women go through on a daily basis perhaps as AJ points out. If someone (man, woman, whoever) touches you then you have a right to stop them - but beating someone to a bloody pulp and murdering them shouldn't be a legitimate defence.
and damn it, I am sick of homophobes.
Daniel | Brisbane - June 10, 2011, 10:32AM
What does this change to provocation mean (if anything) for the rest of us who aren't gay or give a stuff about whether a guy person hits on us?
For example, I am talking about me going about my business and some guy gets in my face, yelling, screaming, threatening and calling my partner every name under the sun, so I deck them.
Does this mean I am treated the same as someone who initiates violence for no reason?
Rastus | Brisbane - June 10, 2011, 10:58AM
Chuck. The government are no longer pandering to the minority - the minority of bigots that is.
Most people born since the middle of last Century don't give a stuff about sexuality - just a minority of fundamentalists christians and rednecks...
Jeff Poole | Brisbane - June 10, 2011, 11:17AM
Really? Surely a bad pick up line from someone of the same sex is a great reason for murdering them.
Danny Brown | Brisbane - June 10, 2011, 11:20AM
@Chuck I hope you never have to experiance any form of vilification, hate, harrassment or bashing that I've experienced at the hands it would sound of people such as yourself.
petcol | Nudgee - June 10, 2011, 11:22AM
@Greg. Poor Greg has been hit on in bars by guys. He has never hit on a girl anywhere and finds it very upsetting that someone would think he is gay. Maybe you should stop hanging out at gay bars then.
Mark | Clayfield - June 10, 2011, 11:33AM
@ Jeff Poole
Im think you will find that most people do care. And so they should we should celebrate the differences of sexuality of gender and recognise that we have all good things to offer society in different ways.
Our sexuality does define us. Probably the most important element really maybe other race or religion. But its is a really important part how people relate to us and how people treat us.
To state that people dont give a stuff is silly, please think about what you write before you hit the 'Post Comment' button next time.
Astrid | New Market - June 10, 2011, 11:33AM
Under the current laws, I presume that the accused murderer could not know that the assailant was in fact homosexual and his defence might be one of defending himself from 'a homosexual-like advance' and given that uncertainty, I think you could be excused for murdering half the blokee blokes that congregate in pubs who are constantly hugging one another as they practice in their footy 'bum scrums'. I am surprised someone like commentator Greg from New Farm can be so selectively accurate that he only manages to kill the 'real' gays and not the faux footy types blokes that fawn over him at the pubs and clubs. Jeez, it's a wonder old John Hopawate avoided death on the footy field.
Andy | Brisbane - June 10, 2011, 11:29AM
2 comments:
whoa
How this is a defense is puzzling to me. Gay men are weaklings so how does a 'straight' man feel fear from a weakling?
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