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

Eric Kuhlmann named first inductee to the South Australian Pride Hall of Fame Class of 2026

His life and work will be remembered at a gala event in June.

Dedicated Legal Assistance for LGBTIQA+ Tasmanians

Women’s Legal Service Tasmania and Equality Tasmania say they are delighted with Friday's announcement of the establishment of a legal and social services pilot.

Joel Creasey get his own lunch time show in Nova shake-up

This year you'll be able to hear a newly solo Joel Creasey on your radio at lunch times.

Andrew Hastie rules out of Liberal leadership challenge

The WA MP says its clear his colleague don't support him challenging Sussan Ley for the Liberal leadership.

Newsletter

Don't miss

Eric Kuhlmann named first inductee to the South Australian Pride Hall of Fame Class of 2026

His life and work will be remembered at a gala event in June.

Dedicated Legal Assistance for LGBTIQA+ Tasmanians

Women’s Legal Service Tasmania and Equality Tasmania say they are delighted with Friday's announcement of the establishment of a legal and social services pilot.

Joel Creasey get his own lunch time show in Nova shake-up

This year you'll be able to hear a newly solo Joel Creasey on your radio at lunch times.

Andrew Hastie rules out of Liberal leadership challenge

The WA MP says its clear his colleague don't support him challenging Sussan Ley for the Liberal leadership.

Sydney School teacher found guilty of procuring child for unlawful sexual activity

Sydney teacher William Gulson is facing a jail sentence over an online chat with a teenager.

Eric Kuhlmann named first inductee to the South Australian Pride Hall of Fame Class of 2026

His life and work will be remembered at a gala event in June.

Dedicated Legal Assistance for LGBTIQA+ Tasmanians

Women’s Legal Service Tasmania and Equality Tasmania say they are delighted with Friday's announcement of the establishment of a legal and social services pilot.

Joel Creasey get his own lunch time show in Nova shake-up

This year you'll be able to hear a newly solo Joel Creasey on your radio at lunch times.