"The gay and trans panic defence, also known as LGBTQ+ panic defence, is a legal strategy. The defence is an attempt for those accused of a crime against a queer person (or person perceived as LGBTQ+) to reduce or evade criminal liability. This occurs when the defendant claims they reacted because of an unwanted sexual advance."
"Rooted in discrimination, the defence is used to bolster other defences, such as insanity, provocation, or self-defence. In doing so, the defendant is claiming their violence should be excused because of the other individuals' sexual identity or gender expression. The gay and trans panic defence uses homophobia, transphobia and victim-blaming."
"The gay and trans panic defence first emerged under the label 'homosexual panic'. Psychiatrist Edward J. Kempf coined the term to describe the panic due to 'uncontrollable perverse sexual cravings.'"
The gay and trans panic defence is a legal strategy employed by defendants accused of crimes against LGBTQ+ individuals to reduce or evade criminal liability. The defence claims the defendant reacted to an unwanted sexual advance, using homophobia and transphobia to justify violence. It bolsters other defences such as insanity, provocation, or self-defence by arguing the victim's sexual identity or gender expression warranted the violent response. This discriminatory legal tactic reinforces harmful stereotypes portraying LGBTQ+ people as dangerous. The defence originated from psychiatrist Edward J. Kempf's term 'homosexual panic,' describing panic from perceived sexual advances, though this concept has been rejected by modern psychiatric standards.
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