South Australia becomes the last state to scrap ‘gay panic’ murder defence

 | 
12/01/2020

South Australia has abolished “gay panic” as a defence in crimes of violence with state parliament passing legislation to end the “downright offensive” provisions. It’s the last state in Australia to do so. The provocation defence could previously be used as a legal strategy to downgrade a charge of murder to manslaughter if the accused argued they lost control and became violent after the victim made an unwanted sexual advance. The provocation clause has been used four times in the last ten years but in a slew of cases between 1993 and 1995, at least 13 defendants successfully applied this defence in New South Wales alone. The change also follows an investigation by the Human Rights Law Centre which recommended in 2018 that the defence be abolished. “This is a law that is clearly rooted in discrimination, completely out of step with community standards and has absolutely no justification today,” said Lee Carnie, a lawyer at the Human Rights Law Centre.

Regions: ,

Share this:

Latest Global News

Added on: 04/26/2024
04/26/2024
In August of 2005 when Hurricane Katrina made landfall in Louisiana and Mississippi, the combination of torrential rain and flawed infrastructure proved deadly. More …
Added on: 04/26/2024
04/25/2024
Internet users’ public expression of their sexual orientation does not authorise using this data “for the purposes of personalised advertising,” a legal adviser at …
Added on: 04/26/2024
04/25/2024
Congolese member of parliament and former presidential candidate Constant Mutamba is standing by his bill that would criminalize gay sex for the first time in …

Explore LGBTQ+ Issues

Other News from ,

Added on: 04/24/2024
Not-for-profit Qtopia has applied to permanently transform a former police station into the Sydney Centre for Queer History and Culture. Along with Create NSW—the …
Added on: 04/22/2024
Sydney, Australia– Sall Grover says she did not think twice when she blocked Roxanne Tickle, a transgender woman, from her Australian-based women-only app Giggle …
Added on: 04/21/2024
David called me on Saturday, April 23, 1994, to tell me Bill died that morning at 8:35. Now it was over. The inevitability, the …