Content warning: discussion of murder, homophobia, and transphobia
We all know I am obsessed with true crime. Well, I actually learned something recently that I had never heard of: the LGBT panic defense. One of the podcasts I listen to discussed a couple of cases where this defense was used, so, naturally, I had to know more. Essentially, it's a defense that can be used when someone murders a member of the LGBTQIA+ community because they allegedly made a sexual advance towards them. Basically, if a trans woman made a sexual advance on a straight cis man, he could potentially use this defense if he murdered or assaulted her. In legal terms, it essentially views the actions as justified because of the sexual orientation or gender identity of the victim. While it is not a free-standing defense, it's often used in combination with other defenses.
The LGBT Bar Association (my primary source for this post) says, "When a perpetrator uses an LGBTQ+ 'panic' defense, they are claiming that a victim's sexual orientation or gender identity not only explains-but excuses-a loss of control and subsequent [violence]." This defense has also been called the "gay panic" or "trans panic" defense.
This defense has been used in three ways to convert a charge of murder to manslaughter or justified homicide: defense of insanity or diminished capacity, defense of provocation, and defense of self-defense. I hate this for so many reasons. Someone's identity should never be an excuse for why they were murdered or assaulted nor should it ever be a reason they are attacked.
- Defense of insanity or diminished capacity: The defendant will try to argue that the sexual proposition of the victim (because of their sexual orientation or gender identity) triggered a nervous breakdown. This is based on an outdated psychological term, gay panic disorder, that was removed from the DSM in 1973 by the APA.
- Defense of provocation: The defendant will try to argue that a sexual advance by the victim was sufficient to provoke the defendant to kill the victim.
- Defense of self-defense: Defendants will try to argue that they are in fact the victim because of the actual victim's sexual orientation or gender identity was about to cause the defendant serious bodily harm. This is super harmful because it argues that a person's sexual orientation or gender identity inherently makes them dangerous or predatory.
This actually does help get charges reduced. In fact, as recent as 2015, this has been a successful defense. Daniel Spencer was killed by Robert Miller in 2015, and Miller argued self-defense because Daniel had allegedly made sexual advances toward Miller. Miller's conviction was mitigated from murder to criminally negligent homicide. Other cases like this include, but are not limited to: Jennifer Laude, Bella Evangelista, Ever Orozco, Marco McMillian, Francisco Gonzalez Fuentes, and Terrance Hauser. May they rest in peace.
States that have banned this defense (in alphabetical order):
- California
- Colorado
- Connecticut
- District of Columbia
- Hawaii
- Illinois
- Maine
- Maryland
- Nevada
- New Jersey
- New York
- Oregon
- Rhode Island
- Virginia
- Washington
States where a ban has been proposed but not yet passed (in alphabetical order):
- Iowa
- Massachusetts
- Minnesota
- Nebraska
- New Hampshire
- New Mexico
- Pennsylvania
- Texas
- Wisconsin
The LGBT Bar Association is leading the charge to get this defense banned in all 50 states. For more information, you can visit their website https://lgbtqbar.org/programs/advocacy/gay-trans-panic-defense/
Comments