Gay panis

The gay-panic defense is a specific type of provocation defense in which the defendant claims that the crime in question was the result of a sudden and intense passion provoked by the victim's unwanted same-gender sexual advance. Current efforts to ban gay- and trans-panic defenses are uncontroversial in jurisdictions that embrace gay and transgender rights. But doing so may have unintended legal implications.

What is the LGBTQ+ “panic” defense? The LGBTQ+ “panic” defense is a legal strategy wherein defendants charged with violent crimes weaponize their victim’s real or perceived sexual orientation or gender identity/expression to reduce or evade criminal liability. It is not a freestanding defense to criminal liability. The gay/trans panic legal defense legitimizes and excuses violent and lethal behavior against members of the LGBTQ+ community.

The defense is defined by the LGBT Bar as “a legal strategy which asks a jury to find that a victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction, including murder.”. The so-called "gay and trans panic" defenses are legal strategies which, according to the American Bar Association, "seek to partially or completely excuse crimes such as murder gay assault on the grounds that the victim's sexual orientation panis gender identity is to blame for the defendant's violent reaction.".

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