Stigma, homosexuality and the homosexual advance defence

Gray, Anthony and Braun, Kerstin (2017) Stigma, homosexuality and the homosexual advance defence. Journal of Law and Medicine, 24 (4). pp. 935-958. ISSN 1320-159X


This article considers recent developments in the use of the so-called homosexual advance defence as applied in the law of provocation and the criminal law. It does so through the social construct of stigma. It argues that the law in this area perpetuates stigma against homosexual behaviour, by accepting that a deadly, violent response to an unwanted homosexual advance might be at least partly justified.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version cannot be displayed due to copyright restrictions.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 19 Jul 2017 02:49
Last Modified: 23 Apr 2018 02:08
Uncontrolled Keywords: homosexual advance defence; stigma; provocation
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice

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