Stop allowing “gay panic” as an excuse for murder in Australia

The issue

I’m a Catholic Priest and 8 years ago a man called Wayne Ruks was bashed to death in my Maryborough churchyard (300kms north of Brisbane). Unbelievably, his killer's convictions were downgraded to manslaughter, and in the trial the circumstances surrounding the bashing referred to  issues that can be described as “gay panic.” 

It’s disgusting - this law, under the common law interpretation of the partial defence of Provocation, is still valid in both QLD and South Australia. In these two Australian states, if someone who you think is gay makes a pass at you, the sheer panic you could feel is partial justification for murder.

I’ve made it my mission to see this revolting law abolished - it belongs in the dark ages. I have no words to describe how offensive, harmful and dangerous it is that two of our governments uphold that a person can be panicked enough by gay people to justify murder. The common law can really be only over-ridden in this respect by explicit legal ammendments to the Code of Criminal law covering murder and the partial defence of Provocation. Gay panic will continue to be a part of the law of these states until expressly excluded.  I am also concerned that even when cases are not formally and specifically pleading the 'gay panic' defense, the mere bringing in of suggestions that the victim made a non-violent homosexual advance, (whether true or not), poisons the waters and taps into deep-seated homophobia and bigotry and ought not be brought up at all in any way in the hearing of a jury. The victim is not on trial here.   

That’s why I am calling on the Queensland and South Australia to eliminate this "gay panic" law as a partial defence for murder. Please sign and share my petition.

Confirmed victory
This petition made change with 286,965 supporters!

The issue

I’m a Catholic Priest and 8 years ago a man called Wayne Ruks was bashed to death in my Maryborough churchyard (300kms north of Brisbane). Unbelievably, his killer's convictions were downgraded to manslaughter, and in the trial the circumstances surrounding the bashing referred to  issues that can be described as “gay panic.” 

It’s disgusting - this law, under the common law interpretation of the partial defence of Provocation, is still valid in both QLD and South Australia. In these two Australian states, if someone who you think is gay makes a pass at you, the sheer panic you could feel is partial justification for murder.

I’ve made it my mission to see this revolting law abolished - it belongs in the dark ages. I have no words to describe how offensive, harmful and dangerous it is that two of our governments uphold that a person can be panicked enough by gay people to justify murder. The common law can really be only over-ridden in this respect by explicit legal ammendments to the Code of Criminal law covering murder and the partial defence of Provocation. Gay panic will continue to be a part of the law of these states until expressly excluded.  I am also concerned that even when cases are not formally and specifically pleading the 'gay panic' defense, the mere bringing in of suggestions that the victim made a non-violent homosexual advance, (whether true or not), poisons the waters and taps into deep-seated homophobia and bigotry and ought not be brought up at all in any way in the hearing of a jury. The victim is not on trial here.   

That’s why I am calling on the Queensland and South Australia to eliminate this "gay panic" law as a partial defence for murder. Please sign and share my petition.

Confirmed victory

This petition made change with 286,965 supporters!

Share this petition

The Decision Makers

Hon. Yvette D'Ath
Queensland Attorney General
Responded
Dear Father Paul and petitioners, I am pleased to announced that the Queensland Parliament has just passed legislation which removes the so-called “gay panic” defence from the Criminal Code, honouring a Palaszczuk Government election commitment. The Criminal Code Law Amendment Bill amended section 304 of the Code, removing unwanted sexual advance as a partial defence of provocation for murder. Queensland’s criminal code must not be seen to condone violence against the gay community, or indeed any community. The passing of this legislation sends an important message that discrimination is not acceptable and that we value the LGBTI community.
Jay Weatherill
Premier of South Australia
Responded
The so called ‘gay panic’ defence is an outdated and offensive notion. I’m committed to its abolition, that’s why last year I asked the South Australian Law Reform Institute to review all South Australian laws and regulations to identify ways to remove discrimination against the LGBTIQ community. One of the issues that the Law Reform Institute will be providing advice on is how to abolish the 'gay panic' aspect of provocation in South Australian law. Some of the recommendations from the Law Reform Institute have been received by the Government and one Bill has already been introduced into Parliament. The Government is expecting further recommendations from the Law Reform Institute shortly and will be taking action on the recommendations as a matter of priority. My Government is working hard to ensure that no South Australians are discriminated against and everyone enjoys the same rights.
Steven Marshall MP
South Australian Leader of the Opposition
Responded
In response to the gay panic provocation defence, I support the work that the SA Law Reform Institute is completing in this area and I look forward to a time where ‘gay panic’ is no longer a legitimate defence for murder.
John Rau
John Rau
South Australian Attorney General
Annastacia Palaszczuk
Premier of Queensland
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