Originally published at: Virginia bans gay and trans "panic" defense in murder and manslaughter cases | Boing Boing
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Yet again, elections have consequences. Already gearing up for off-off-year elections here in VA. Stay engaged, it’s a given the Trumpists/GQP will.
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Lazy ass prosecutors and judges. Just because someone argues something crazy as a defense, that’s no reason for anyone to buy it. In a sensible world, that shit would get laughed out of court.
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Wait, so the defense was, “that person is gay/trans and that made me panic and manslaughter them” ?
That was a defense…ever?
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Bad behavior of the oppressor is always a defense within the system that upholds them as oppressors.
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This defence has been widely used since the beginning of courts, yes. The murderer claims they were “tricked” by the evil f-g/tr-nny into sleeping with them (or what have you) and “panicked” so the murder wasn’t their fault. Juries have found this a perfectly reasonable defence all over the country for generations. Only recently has that started to change. It’s essentially qualified immunity for toxic masculinity and internalized homo/transphobia.
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In a sensible world, an attempt to introduce gay or trans panic as a defense would automatically result in hate crime enhancements of the charges.
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Men used to get out of rape charges by using the “defense” ‘i couldn’t control myself because she was dressing so promiscuously’.
This defense worked on judges and juries alike.
I’ve often wondered why women didn’t rob judges and defense attorneys at gunpoint and claim ‘the judge’s suits so flagrantly displayed their wealth that i couldn’t control myself.’
I feel like the Supreme Court would have shut down the clothing defense real quick once it started happening to men.
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