Abolish 'Homosexual Advance Defence' & Section 23, NSW Crimes Act

Press Release • December 15, 2008

Remove Laws that encourage homophobia and hate-crimes!

Community Action Against Homophobia (CAAH) disagrees with the recent decision by NSW Supreme Court Justice David Kirby to hand down a reduced charge to the teenager who perpetrated the hate-murder of Gerard Fleming at a toilet block in Narrabeen last year.

CAAH believes the killing of Gerard Fleming was a homophobic act, and the decision by Justice David Kirby shows we have a long way to go to remove bigotry in the justice system.

According to media reports, Fleming was known to have frequented 'beats' in the Northern beaches area before he was murdered on June 16, 2007. On the night of the murder, Fleming met a young man at a park in Narrabeen. They shared beers together while sheltering from the rain at the toilet block. Fleming emerged from one of the toilet cubicles with his trousers down, and made moves to hug the young man. He also joked he wanted to give his new friend a "wedgie."

The 16 year old youth was carrying a knife and stabbed Fleming twice, then disposed of his knife and ran away from the scene. Gerard Fleming was found bleeding after calling for help at a nearby bus shelter, and an ambulance was called. Fleming was able to give details of the incident and the name of his attacker to an ambulance paramedic, and died shortly after as a result of his wounds.

"Gerard Fleming has been described as a 'gentle, childlike man', who was living with Aspergers Syndrome," noted Chris Mansergh , CAAH spokesperson. "Fleming made an unwanted pass at the young man who then stabbed him, 'inflicting a fatal wound to the heart'. Why was this young man carrying a knife? Why didn't he just walk away?," said Mansergh.

"This area was a known gay haunt, and the stabbing of Fleming was clearly a homophobic act in response to the pass made by him", said Mansergh. "These senseless hate-crimes occur as a result of discriminatory laws and stigma attached to men who frequent 'cruising' areas. The justice system should be sending a message to society that these acts of homophobia will not be tolerated - not reinforcing bigotry and encouraging homophobia by condoning hate-crimes", said Mansergh ."This homophobic decision by Justice David Kirby is a setback for 'the struggle for equality' and undermines the safety of members of the LGBTI Community", noted Mansergh.

"CAAH's deepest sympathies and best wishes go out to Gerard's family and friends," concluded Mansergh.

CAAH is demanding the abolition of section 23 of the NSW Crimes Act which allows 'homosexual advance defense' (HAD) to form the basis of a defense of provocation. CAAH is also demanding the removal of laws that discriminate against men at 'cruising' areas across NSW and increase stigma of beat users.

CAAH has initiated The Sydney Beat Project to address the increase in harassment of men at beats by NSW Police, and campaigning for legislative change to protect the community from the enforcement of discriminatory laws. Further information can be found at: www.caah.org/sydneybeatproject

For more information, phone Chris Mansergh 0418 419 946