The South Australian Liberal Government is introducing a Bill to state parliament that could see the end of the ‘gay panic’ defence in Australia.
The defence is a legal strategy by which a killer can have their criminal charges downgraded to manslaughter if the accused argues they lost control when the victim makes an unwanted sexual advance.
The Bill would abolish the common law defence of provocation.
In the past week, more than 25,000 people have signed a petition asking for the removal of the defence, and for stronger laws to protect victims of hate crime.
The petition, launched by Equality Australia and South Australian Rainbow Advocacy Alliance (SARAA), urges the South Australian government to "condemn prejudice, not condone it".
LGBTIQ+ activists have called on the state to follow in the footsteps of Victoria, NSW and the NT in eradicating the defence.
“The gay panic defence is probably the biggest legal issue that LGBTIQ+ South Australians are concerned about when they talk with SARAA," said Matthew Morris, Chair of the South Australian Rainbow Advocacy Alliance (SARAA).
"As the first state in Australia to decriminalise homosexuality, it’s embarrassing that we are the last to abolish this outdated legal defence. We welcome this reform and hope that all politicians will support its passage.”
Equality Australia CEO Anna Brown said the reform is long overdue.
“Laws that legitimise and excuse violent and lethal behaviour against any member of the LGBTIQ+ community have no place anywhere in Australia,” Brown said.
“Attacking someone because who they are offends you should increase your punishment, not reduce it.”
