Homosexual Panic

Murder is Murder!

‘Homosexual Panic’ and the Removal of Homophobic Laws

The recent decision by NSW Supreme Court Justice David Kirby to hand down a reduced charge of manslaughter to the teenager who perpetrated the hate-murder against Gerard Fleming at a toilet block in Narrabeen in 2007, is cause for great concern for the GLBTI community.

The murder was clearly a homophobic act, and the judgment by Justice David Kirby is a rehash of the largely discredited ‘Homosexual Advance Defence’ (HAD), in which non-violent sexual advance is customarily assumed as aggression, thereby provoking a murderous response.

The transfer of HAD theory from ‘provocation’ to ‘excessive self-defence’ is not the solution, and shows we have a long way to go to remove bigotry in the justice system.

The NSW Attorney General John Hatzistergos has effectively declined to appeal the sentence, and has instead defended this homophobic law.

The Attorney Generals’ comments that it was not homosexual panic or a ‘sexuality related hate-crime’ is misleading, and sends a clear message that it is acceptable and reasonable to perpetrate violence and hate-crimes - even murder, against members of the GLBTI community.

CAAH is seeking legislative change that will abolish these homophobic laws, and end bigotry in the justice system.