Hat-tip to Token Skeptic podcast listener, Stephanie.
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.”