Gay panic defense
The gay panic defense or homosexual advance defence is a strategy of legal defense, which refers to a situation in which a heterosexual individual charged with a violent crime against a homosexual (or bisexual) individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them. A defendant will use available legal defenses against assault and murder, with the aim of seeking an acquittal, a mitigated sentence, or a conviction of a lesser offense. A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating.
Part of a series on |
LGBT rights |
---|
Lesbian ∙ Gay ∙ Bisexual ∙ Transgender |
LGBT portal |
Part of a series on |
Transgender topics |
---|
Category |
The trans panic defense is a closely related legal strategy applied in cases of assault or murder of a transgender individual with whom the assailant(s) had engaged in or was close to engaging in sexual relations with and claim to have been unaware that the victim was transgender, producing in the attacker an alleged trans panic reaction, often a manifestation of transphobia. In most cases, the violence or murder is perpetrated by a heterosexual man to a trans woman.
Broadly, the defenses may be called the "gay and trans panic defense" or the "LGBTQ+ panic defense".