Premium Content:

Queensland scraps gay panic defence

People accused of murder in Queensland will no longer be able to use the controversial ‘gay panic” defence.

A bill to remove the partial defence from the state’s legal system was passed on Tuesday night. The defence option had previously allowed people to claim that they had committed a murder due to an unwanted sexual advance, reducing the charge they faced to manslaughter.

- Advertisement -

While the law was gender neutral, it had often been highlighted that it could be used in cases where gay people had been killed.

Attorney General Yvette D’Ath said the passing of the bill delivered an important promise to the people of Queensland especially the LGBTI community.

“This is unacceptable, this does not reflect modern societal views about criminal responsibility and about the expectation to exercise self-control,” she said.

“An unwanted sexual advance, even one that involves minor touching, cannot be enough, other than in circumstances in an exceptional character, to reduce criminal responsibility for killing a person with murderous intent.”

The Australian Christian Lobby had argued against the law being changed stating that it could potentially cause disadvantage to women who are attacked by men.

The push for the law to be changed was motivated by the 2008 death of Wayne Ruks. Ruks was bludgeoned to death by two men in a church graveyard. One of the men claimed Ruks had grabbed his crotch, and the charges both men were facing were reduced.

After Queensland, South Australia remains the only jurisdiction where the claim of an unwanted sexual advance could be utilised. The legal option is no longer available in Western Australia.

OIP Staff

 

Latest

Eurovision check-in: Last year’s winner JJ shares new song ‘Shapeshifter’

New songs from past winner and this year's contestants.

Sydney’s Gay and Lesbian Mardi Gras season is underway

The flag has been raised above the Sydney Town Hall marking the start of the Sydney Gay and Lesbian Mardi Gras.

On This Gay Day | Magda Szubanski came out on 'The Project'

Magda came out and showed her support for marriage equality.

Church of England abandons proposals for same-sex blessings

The church says it will continue to look at the issue, but has ruled out any change at this point.

Newsletter

Don't miss

Eurovision check-in: Last year’s winner JJ shares new song ‘Shapeshifter’

New songs from past winner and this year's contestants.

Sydney’s Gay and Lesbian Mardi Gras season is underway

The flag has been raised above the Sydney Town Hall marking the start of the Sydney Gay and Lesbian Mardi Gras.

On This Gay Day | Magda Szubanski came out on 'The Project'

Magda came out and showed her support for marriage equality.

Church of England abandons proposals for same-sex blessings

The church says it will continue to look at the issue, but has ruled out any change at this point.

Sussan Ley will walk away from parliament after losing leadership

After being deposed as leader Sussan Ley has announced her retirement from political life.

Eurovision check-in: Last year’s winner JJ shares new song ‘Shapeshifter’

New songs from past winner and this year's contestants.

Sydney’s Gay and Lesbian Mardi Gras season is underway

The flag has been raised above the Sydney Town Hall marking the start of the Sydney Gay and Lesbian Mardi Gras.

On This Gay Day | Magda Szubanski came out on 'The Project'

Magda came out and showed her support for marriage equality.