Queensland abolishes 'gay panic' defence to murder

SBS World News Radio: The Queensland government has abolished the 'gay panic' defence that has allowed the killing of homosexual men to be treated as manslaughter, not murder.

(L-R)Queensland Attorney-General Yvette D'Ath, Premier Annastacia Palaszczuk and Speaker of the Parliament Peter Wellington in Brisbane.

(L-R)Queensland Attorney-General Yvette D'Ath, Premier Annastacia Palaszczuk and Speaker of the Parliament Peter Wellington in Brisbane. Source: AAP

There was relief for the gay community in Queensland.

Finally James Argent feels treated equally in the eyes of the law when it comes to murder.

"If we look at history, it is the straight man that has been assaulting us over the years and it's time to put a line in the sand and say we can all live together in harmony."

Victory for his mother Shelly Argent, the national spokesperson for Parents, Families and Friends of Lesbians and Gays, who has campaigned for the rights of her son and all gay men.

"We now know they cannot get away with murdering our sons, just because they're a little homophobic or insecure, and as a parent, that to me is a great comfort."

Queensland's parliament has amended a law that allowed the killing of gay men to be treated as manslaughter, not murder, based on provocation.

Queensland Attorney-General Yvette D'Ath tabled the legislation.

"It has been established by common law that in some circumstances an unwanted homosexual advance could form the basis for applying the partial defence. This is unacceptable."

This anomaly meant mandatory life sentences for murder did not apply.

Australian Human Rights Commissioner Edward Santow is pleased.

"I commend the Queensland parliament for pursuing this reform and I note it was with bipartisan support, and that is really important in any human rights reform."

A petition signed by almost 300,000 people and a celebrity social media campaign, pushed to government to fulfil an election promise.

Queensland Attorney-General Yvette D'Ath says it sends an important message.

"It's about saying we should not discriminate against the LGBTI community."

The campaign began after the two killers of Wayne Ruks in the Queensland town of Maryborough in 2008 pleaded the "gay panic" defence and were sentence for manslaughter.

Queensland was one of two jurisdictions in Australia that still allowed the gay panic defence.

Human Rights Commissioner Edward Santow say now only South Australia still has it on the statute books.

"We're really pleased to see the South Australian government wants to pursue reform in this area."

There's still more on the to do list for Queensland, says Attorney General Yvette D'Ath more than 25 years after consensual gay sex was decriminalised.

"In the first half of this year I will be bringing forward legislation to expunge historical homosexual convictions."

 

 

 

 


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3 min read
Published 22 March 2017 8:00pm
Updated 23 March 2017 4:57pm
By Stefan Armbruster


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