Sa urged to scrap gay panic defence 20150511 p5t5lm.html – Breaking News & Latest Updates 2026
Advertisement
Advertisement
BREAKINGAustralian man, two children found dead in BalirightArrow
This was published 11 years ago

Scrap gay panic defence: SA Greens

AAP

Powered by

South Australia has been urged to scrap the so-called gay panic defence in serious criminal cases.

The Greens say the defence - where a gay sexual advance can constitute provocation in certain murder cases - is outdated.

"This homosexual advance defence is homophobic, offensive and positively medieval," Greens MP Tammy Franks said on Monday.

Advertisement

The defence played a role in the High Court last week quashing the murder conviction of an SA man and ordering a retrial.

Under local laws, if the so called gay panic defence is accepted it can result in a murder conviction being reduced to manslaughter.

But the defence only applies if a man has killed another man.

It doesn't apply if a man makes a non-violent sexual advance towards a woman or if a woman makes a non-violent sexual advance towards a man or a woman.

Similar laws have been scrapped in all other states except Queensland where the government has announced it will move to also dump such provisions.

"We have come a long way towards overcoming discrimination and homophobia in this state, but this outdated gay panic defence relic still exists and it needs to go," Ms Franks said.

email icon

Contact us

Share a tip-off, video or photo with us

Most viewed in SA

More to explore