Back الدفاع عند الذعر من المثليين Arabic Defensa de llerza gai AST Defensa de pànic gai Catalan Geja paniko Esperanto Defensa de pánico gay Spanish Gay panic defense French Gay panic defense HE Difesa da panico gay Italian ゲイ・パニック・ディフェンス Japanese Defesa do pânico de gays Portuguese
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The gay panic defense or homosexual advance defence is a strategy of legal defense, which refers to a situation in which a heterosexual individual charged with a violent crime against a homosexual (or bisexual) individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them.[1][2][3][4] A defendant will use available legal defenses against assault and murder, with the aim of seeking an acquittal, a mitigated sentence, or a conviction of a lesser offense. A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating.[5]
The trans panic defense is a closely related legal strategy applied in cases of assault or murder of a transgender individual with whom the assailant(s) had engaged in or was close to engaging in sexual relations with and claim to have been unaware that the victim was transgender,[2][3][6] producing in the attacker an alleged trans panic reaction, often a manifestation of transphobia.[7][8] In most cases, the violence or murder is perpetrated by a heterosexual man to an androphilic trans woman.[7][8]
Broadly, the defenses may be called the "gay and trans panic defense" or the "LGBTQ+ panic defense".[5][6][9]
- ^ Michalski, N. D.; Nunez, N. (2022). "When is "Gay Panic" Accepted? Exploring Juror Characteristics and Case Type as Predictors of a Successful Gay Panic Defense". Journal of Interpersonal Violence. 37 (1–2): 782–803. doi:10.1177/0886260520912595. PMID 32316819. S2CID 216073698.
- ^ a b Worthen M (2020). Queers, Bis, and Straight Lies: An Intersectional Examination of LGBTQ Stigma. Routledge. ISBN 978-1315280318.
- ^ a b Fradella HF, Sumner JM (2016). Sex, Sexuality, Law, and (In)justice. Routledge. pp. 453–456. ISBN 978-1317528906.
- ^ Chuang, HT; Addington, D. (October 1988). "Homosexual panic: a review of its concept". The Canadian Journal of Psychiatry. 33 (7): 613–7. doi:10.1177/070674378803300707. PMID 3197016. S2CID 30737407.
- ^ a b Jordan Blair Woods; Brad Sears; Christy Mallory (September 2016). "Gay and Trans Panic Defense". The Williams Institute - UCLA School of Law. Archived from the original on November 30, 2019.
- ^ a b Najdowski C, Stevenson M (2018). Criminal Juries in the 21st Century: Psychological Science and the Law. Oxford University Press. pp. 71–74. ISBN 978-0190658137.
The gay and trans panic defenses are rooted in antiquated ideas that homosexuality and gender nonconformity are mental illnesses (Lee, 2013).
- ^ a b Feminist Analyses of Gendered Representations. Peter Lang. 2009. p. 82. ISBN 978-1433102769.
- ^ a b Fitzgerald, Kathleen J.; Grossman, Kandice L. (2020). Sociology of Sexualities. Sage. ISBN 978-1544370651.
- ^ "LGBTQ+ Panic Defense". The National LGBT Bar Association. Retrieved November 1, 2019.