this post was submitted on 11 Oct 2023
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United States | News & Politics

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Delaware bans LGBTQ+ panic defense with overwhelming bipartisan support (www.lgbtqnation.com)
submitted 11 months ago by DevCat@lemmy.world to c/usa@lemmy.ml
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Delaware has officially banned the so-called “gay and trans panic” defense, becoming the 17th state in the nation to do so.

The panic defense is a legal defense strategy used to justify violent crimes against LGBTQ+ people due to a perpetrator “panicking” over discovering their victim’s sexual orientation or gender identity.

According to the Movement Advancement Project, no state allows the defense to be used on its own, but it is often used alongside other defense strategies as a way to advocate for leniency.

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[–] Maddie@sh.itjust.works 102 points 11 months ago (1 children)

Attempting to use that defense should immediately up the charges to a hate crime

[–] GenderNeutralBro@lemmy.sdf.org 45 points 11 months ago (1 children)

Yeah, it's hard to read it as anything other than a confession. WTF.

If you can't be trusted to be nonviolent around nonviolent strangers, then you are not fit to participate in society. You belong in confinement for the sake of everyone's safety.

[–] some_guy@lemmy.sdf.org 20 points 11 months ago (1 children)

But he tried to touch my peepee! And I was scared because I liked it! I had to kill him to suppress the gay in me! /s of course

[–] joyjoy@lemm.ee 7 points 11 months ago

Is that what they mean by "gay panic"? I think I like the tumblr version better.

[–] HowMany@lemmy.ml 46 points 11 months ago (1 children)

If it is defensible that people panic over other's sexuality, then it is defensible that people may panic over someone's religious affiliation.

[–] redballooon@lemm.ee 8 points 11 months ago (1 children)

Well, the overlap of anti lgbt folks and antisemites is not small.

[–] HowMany@lemmy.ml 0 points 11 months ago

How varied... their lunacy.

[–] Shdwdrgn@mander.xyz 23 points 11 months ago (2 children)

Form anyone interested, this wikipedia page has a list of all the States which have had bills to consider the matter, or have successfully outlawed this sickening excuse of a defense.

[–] dumples@kbin.social 5 points 11 months ago (1 children)

Every time a article says it banned in a certain number of state I want to know what other states have it. This should have been included and thanks for sharing this

[–] Shdwdrgn@mander.xyz 2 points 11 months ago (1 children)

Same here -- my first question was "has MY state banned this practice too?"

[–] dumples@kbin.social 1 points 11 months ago

Yeah. I was disappoint that it wasn't where I lived but had a bill in 2021 to make it illegal

[–] PyroNeurosis@lemmy.world 4 points 11 months ago

I would like to thank the editor for using Trans ^TM^ colors on this map

[–] rustyfish@lemmy.world 16 points 11 months ago

The panic defense is a legal defense strategy used to justify violent crimes against LGBTQ+ people due to a perpetrator “panicking” over discovering their victim’s sexual orientation or gender identity.

Home of the brave eh?

[–] shalafi@lemmy.world 14 points 11 months ago (1 children)

Fuck me. I forgot this even existed.

I'm a straight man in Florida. Good to know I can beat the shit out of any given gay man and skate in court.

[–] HowMany@lemmy.ml 9 points 11 months ago (2 children)

The law applies to religion also. What religion do you profess to be?

[–] shalafi@lemmy.world 2 points 11 months ago (1 children)

None.

[–] HowMany@lemmy.ml 0 points 11 months ago

Yours is the best religion.

[–] iHUNTcriminals@lemm.ee 6 points 11 months ago

Halp! I'm skayord uff winkys and vaginios. Halp, panic, halp!

[–] blazera@kbin.social 2 points 11 months ago (2 children)

What laws even permit this as a defense? Or have judges just been legislating on their own?

Like a judge cant just say a robbery doesnt count because the victim is vegetarian or some shit.

[–] charonn0@startrek.website 0 points 11 months ago

The actual defense being used in these cases is one of diminished mental capacity. Gay/trans panic is just a specific example of such a defense.