Gay Panic Defence to be voted on in NSW Parliament
Fred Nile’s Bill to remove the Partial Defence of Provocation (often referred to as the gay panic defence) was debated in NSW Parliament last night, with a vote expected tomorrow.
The Bill will amend the Crimes Act 1900 to remove the partial defence of provocation in cases involving a non-violent sexual advance - essentially closing the loophole on the gay panic defence.
The Bill was introduced by Nile following recommendations from a parliamentary inquiry by the NSW Legislative Council.
The NSW Gay and Lesbian Rights Lobby had previously described the homosexual advance defence (HAD), as extremely outdated and unjust. HAD is a common law formulation of the partial defence of provocation, it enables the perpetrators of extreme violence against gay men to get away with lesser chargers.
If NSW Parliament votes to approve the suggested amendments it will close the loophole that has essentially allowed violent perpetrators to get away with lesser charges.
"This defence is manifestly unjust, outdated and its removal couldn't come a day sooner. We look forward to the formal introduction of this legislation and we call on all Members of the NSW Parliament to ensure its passage through the legislature." Jed Horner of NSW GLRL told SX