Better Laws Needed To Protect Gays In Queensland

Hat-tip to Token Skeptic podcast listener, Stephanie.

Law says it’s not murder if the victim is gay and “comes on to you”

A LOOPHOLE remains in Queensland law allowing killers to argue their charge of murder should be downgraded to manslaughter, simply because their victim was gay and “came on to them”.

Recently some 4000 Queenslanders signed a petition calling for this legislative loophole to be closed, with the Attorney-General to respond by the end of the week. The Lesbian Gay Bisexual Trans and Intersex Legal Service has added pressure by releasing a submission calling on the Government to stand up for the victims of homophobic homicide.

This loophole is a misguided application of the provocation defence and came to be known as the “homosexual advance defence” by the time it was entrenched in Australian law by a High Court decision in 1997.

The accused in that case famously summed up the defence: “Yeah, I killed him, but he did worse to me.”

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About Kylie Sturgess

Kylie Sturgess is a Philosophy teacher, media and psychology student, blogger at Patheos and podcaster at Token Skeptic. She has conducted over a hundred interviews including artists, scientists, politicians and activists, worldwide.
She’s the author of the ‘Curiouser and Curiouser‘ column at the Committee for Skeptical Inquiry website and travels internationally lecturing on feminism, skepticism, and science.

  • http://peicurmudgeon.wordpress.com/ peicurmudgeon

    So, if I were gay, and a straight came on to me, I’d be justified in killing them?

  • http://timetolisten.blogspot.com Kassiane

    Soooo if a straight dude comes on to me I can kill him? No? Not under any circumstance in which I don’t fear for my life?

    Huh.

  • http://peicurmudgeon.wordpress.com/ peicurmudgeon

    Sorry, I meant a lesbian.


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