Mar 18, 2014

Qld’s ‘homosexual advance’ defence puts gay men’s lives at risk

A person accused of murder in Queensland can be acquitted if the victim made a "homosexual advance". Law and social justice researchers Dr Alan Berman and Sher Campbell say it contravenes human rights and something must be done.

Queensland’s antiquated laws are endangering gay men — and the United Nations should do something about it.

Two recent murder trials receiving widespread publicity in Maryborough, Queensland, in 2010 and 2011 resulted in convictions for manslaughter rather than murder. In both instances, defendants alleged the victim had made an unwanted homosexual advance, which can be asserted as part of the wider provocation defence. If successful, this defence results in a conviction for the lesser crime of manslaughter, rather than murder.

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5 thoughts on “Qld’s ‘homosexual advance’ defence puts gay men’s lives at risk

  1. Djbekka

    Time to get rid of the phoney defense. Just think if women were as insulted by unwanted heterosexual advances…a lot of men would be scarred even if not dead.

  2. bushby jane

    This sounds like one that Tim Wilson should be tackling, is it his (new)job?

  3. zut alors

    Djbekka has hit the nail on the head.

    The difference being that if a female victim is the object of a sexual advance she’d likely be accused of inviting it. Try that one on a male victim & see how far it goes.

  4. Liamj

    Fair enough. There are drawbacks, we’ll have to find a new synonym for ‘neanderthal throwback’ other than Queenslander, but we can adapt. Who/how do we report Qld to the UNHRC?

  5. cazza

    The provocation law is also available in other circumstances eg to men who murder their partners because they threaten to leave or ridicule their manhood; to fathers/male family members who commit honour killings (young woman dating outside her culture group or having pre-marital sex).

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