Gerard Fleming

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, 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 - the murder of Gerard Fleming was a result of panic due to a 'homosexual advance' - it was a sexuality related hate-crime.

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 to remove the inclusion of 'non-violent Homosexual Advance' as a reasonable basis for these laws, and abolish homophobic laws - and will work towards bringing an end to bigotry in the justice system.

This must not be allowed to happen again!