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.
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Official URL: http://www.thecritui.com/articles/Gray.pdf
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.
|Item Type:||Article (Commonwealth Reporting Category C)|
|Additional Information:||Published version available: http://www.thecritui.com/articles/Gray.pdf|
|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|
|Deposited On:||01 Apr 2010 11:40|
|Last Modified:||08 Sep 2011 12:13|
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