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.