Qld moves to eliminate ‘gay panic’ defence
THE Queensland Government has made moves to eliminate the ‘gay panic’ defence from聽the criminal code.
The defence is used in murder or assault cases where a person claims they were subjected to sexual or romantic advances from a gay聽person.
Attorney-General Yvette D鈥橝th said she would move amendments to section 304 of the criminal code, following up on a 2015 election promise.
鈥淎s the House is aware, the Queensland Government committed during the 2015 State general election to amending that section to exclude an unwanted sexual advance from being able to establish a partial defence of provocation in the case of murder,” she said in parliament.
鈥淚 am pleased to advise the House that this work is well under way. Today I commenced targeted consultation with key legal stakeholders by circulating a draft amendment to section 304 of the Criminal Code for comment on whether the amendments achieve the policy intention.
鈥淭he Palaszczuk Government considers it imperative to ensure the amendments responsibly and meaningfully deliver on this important shift in the criminal law, reflecting the changes in community expectations demanded by a modern, progressive society. Queensland鈥檚 Criminal Code must not be seen to condone violence against the gay community, or indeed any community.
Joyce Kujala, mother of the late Wayne Ruks whose killers used the defence, welcomed the move.
鈥淚t can鈥檛 bring justice upon my son鈥檚 death, but I鈥檒l be comforted 聽when I know gay panic can no longer be used to defend murders. But there鈥檚 no reason this can鈥檛 be passed next week.聽This lack of urgency means another mum could tomorrow go through the horror I did.”
St Mary’s parish priest Paul Kelly started .
“It’s welcome news that the Attorney-General is moving to end the disgraceful gay panic law – but the leisurely pace concerns me,” Kelly said.
“Myself and the 240,000 people who’ve signed my聽change.org聽petition hope the new opposition leader can help pass this legislation urgently – and ensure no one uses this shocking ‘gay panic’ law again.”
The ‘gay panic’ defence currently only exists in South Australia and Queensland.
Lucky Queensland!
We in SA still have that ‘defence ‘ on the books and it looks like it will remain on them for a long time. SA has long-since ceded the crown of being Progressive to other States – who would have thought all those years ago that Queensland of all the States and Territories would have become more progressive than SA which was the first State to decriminalise just being a homosexual – let alone actually taking part in any physical activity?
Of course its all about Votes, staying in power and pandering to the still very strong Catholic/Anglican entrenched hatred of our community by the leaders of those and other religious businesses – in particular we must add the Pentecostal Religious Businesses such as Hillsong and associated money-making businesses. The pity is they attract so many young people who get brain-washed into becoming homophobes.
Our current SA premier, Jay Weatherill simply pays lip service to our community because he refuses to risk offending those whom he thinks might vote for him.
I’m glad they are finally working to get rid of this. There is really no justification for such a law. Imagine the outcry from men if women were allowed to kill men that made advances on them if they weren’t interested.