What is the gay and trans panic defense

It also provides model language that states may use to ban the gay and trans panic defenses through legislation. When LGBTQ people are killed and the gay and trans panic defense is invoked, those fatal acts of violence need to be understood within the broader context of widespread violence that LGBTQ people face in general—starting from an early age—and often from people they know including romantic and dating partners.

Recent media accounts detail an epidemic of violence against transgender women, particularly transgender women of color; federal data show that a substantial percentage of hate crimes are related to anti-LGBTQ bias; and decades of research establish that LGBTQ people are at increased risk of violent victimization.

Much of this violence is hate-based or occurs within the context of a dating or romantic relationship. Often, violence against LGBTQ people starts early in their lives, at the hands of family members or other students at school. Violence against LGBTQ people can result in death, and even when victims survive, has lasting effects on their physical, mental, and emotional health and well-being.

LGBTQ people face several barriers to addressing violence. LGBTQ people may be reluctant to seek help due to experiences of, or fear of, discrimination and harassment by law enforcement. LGBTQ survivors may also be reluctant to seek help from health care and service providers out of fear of being mistreated or turned away.

Moreover, in many states, laws do not adequately protect LGBTQ survivors of intimate partner violence and hate violence. One way states can combat the epidemic of violence against LGBTQ people is by passing laws that bar defendants from asserting gay and trans panic defenses in court.

Gay And Trans ‘Panic’ Is Still Being Used To Justify Anti-LGBTQ Attacks

Since the s, the gay and trans panic defenses have appeared in publicly reported court opinions in approximately one-half of the states. To date, 12 states and the District of Columbia have passed legislation eliminating the use of gay and trans panic defenses, but the defenses remain available in most states.

Download the full report. Jaime M. Grant, et al. James J. Hate Crimes Prevention Act of18 U. States with reported court decisions discussing the gay and trans panic defenses are ArizonaCalifornia, FloridaGeorgiaKansasIllinois,IndianaIowaLouisianaMassachusetts, MichiganMissouri,New JerseyNew YorkNorth CarolinaNebraskaNew JerseyOhioPennsylvaniaTennessee, TexasWisconsinand Wyoming Assembly Bill amended the statutory definition of voluntary manslaughter under the California Penal Code to include the following language:.

Nothing in this section shall preclude the jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing subjective provocation. Contents Download Share. Overview Highlights Report. Full Report Version.

Copy link Facebook Twitter LinkedIn. The gay and trans panic defenses are rooted in antiquated ideas that homosexuality and gender non-conformity are mental illnesses. Since the s, discussions of the gay and trans panic defenses have appeared in court opinions in approximately one-half of the states.

These laws are one way of addressing disproportionate exposure to violence, including interpersonal violence, for LGBTQ people. Related Publications. Those states are Florida, Illinois, and Kansas. See infra Part I. Search for:.