Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values

Gray, Anthony (2010) Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values. The Crit, 3 (1). pp. 53-72.

Abstract

This article considers the use of the homosexual advance defence by an accused charged with a crime, in circumstances where the accused allegedly committed the violence against a person who made an unwanted homosexual advance to them. Accuseds commonly use this defence to lessen the seriousness of their behaviour, often reducing a murder charge to manslaughter, based on provocation. It is argued that in some cases this reflects a homophobic attitude, reflected by some quoted comments from judges in some of these cases. It is concerning that some courts have appeared to at least partly condone an extremely violent response to an unwanted homosexual advance. These decisions may reflect some deep-seated biases against and antipathy towards homosexual behaviour.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: No
Item Status: Live Archive
Additional Information: Published version available: http://www.thecritui.com/articles/Gray.pdf
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 01 Apr 2010 01:40
Last Modified: 02 Jul 2013 23:39
Uncontrolled Keywords: provocation, homosexual advance defence
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/6845

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