Illinois to ban "gay panic" murder defense in court. UPDATE: you won't believe how it's used now

[SBJJ]

lol I would be like "whateva'

Yep

 

[nac386]

Of course.

i actually got tricked 1 time by a really hot one. Lol. I'm ashamed of how I handled it. I sure as hell didn't kill him/her. I'll leave it at that

But I could see some dudes flipping out

I think thats a risky game to play for a transgender person or anybody else. I'm not homophobic, transphobic, or anything else like that, but it's definitely not moral or safe to trick anybody into sexual activity under false pretenses. Being forthright and honest from the start is the only moral thing to do, be it about your age, STD status, or gender.

 

[JosephDredd]

http://www.kxan.com/news/local/aust...ense-austin-man-avoids-prison-time/1141686601

After using rare ‘gay panic' legal defense, Austin man avoids prison time

James Miller will serve 10 years probation after being sentenced for criminally negligent homicide for killing his neighbor in east Austin in 2015.

The jury recommended Miller serve 10 years probation and the judge was required to honor that.

However, Judge Brad Urrutia also added a maximum allowed six months jail time, also requiring Miller to complete 100 hours of community service, pay nearly $11,000 in restitution to the victim's family and use a portable alcohol monitoring device for at least a year.

Judge Urrutia will reassess after a year on whether the device is still needed.

Prosecutor Matthew Foye says the judge's maximum penalty and the fact that the jury didn't let Miller off on his self-defense claim reinforces what he hoped to prove.

"It establishes that Daniel Spencer was a victim of a senseless killing by the defendant and he did not do anything to bring this upon himself," Foye said. "Since the defense's strategy was to argue self-defense, I think the jury's verdict makes it clear that they did not believe it was self-defense."

The defense argued Miller stabbed his neighbor when Spencer allegedly came on to him. The prosecution argued blood evidence didn't match Miller's story. However, Foye says the jury did its best with a hard trial.

"We don't know exactly what did happen in that house that night," Foye said, "So that can be something that can be very difficult for juries to work through."

Defense attorney Charlie Baird said he'd hoped Miller wouldn't have to serve any time.

"We were disappointed with the verdict yesterday, when he was convicted of criminally negligent homicide," Baird said. "We thought that he should have been acquitted on the basis of self-defense."

However, Baird said he was happy Miller wouldn't have to serve time in prison.

"The jury, they agreed with us and thought that Mr. Miller was no threat to the community or to society at large, and, therefore, they decided to place him on community supervision."

Miller's defense is also known as the "gay panic defense." While it's a rare defense, it is legal in most states. NBC News reports it's been used in about half of all the states with some success as part of an insanity or self-defense claim.

There is a push to ban the defense in several states, including Texas. In December, Illinois became the second state to ban it. California banned it in 2014 after the American Bar Association called on states to eliminate it.

Gay Panic defense still going strong as a way to get away with murder.

 

[Lord Commander Palis]

If you get tricked by a chick with a dick, then you just might like chicks with dicks. Have some personal responsibility.

*Does Eddie Murphy impersonation laugh*

 

[Judge]

Gay Panic???

This has actually been used as an excuse for murder??? wow.

I think it is an offfshoot of "he needed killing"

http://www.kxan.com/news/local/aust...ense-austin-man-avoids-prison-time/1141686601



Gay Panic defense still going strong as a way to get away with murder.

Well, if you have a phobia doesn't it cause you to panic? If homophobia is allowed to be used then I think that gay panic needs to remain legal.

***note to self, don't forget this***

If you get tricked by a chick with a dick, then you just might like chicks with dicks. Have some personal responsibility.

Tell that to the Santa impersonator

 

[JamesRussler]

Gay Panic???

This has actually been used as an excuse for murder??? wow.

I don't think it should excuse murder, but it should be grounds for a reduction in the charge (2nd degree or manslaughter), or perhaps a mitigating sentencing factor. It all depends on the circumstances. Generally, I think fooling a straight person into gay sexual contact (as so-called "traps" sometimes do) should be treated like rape.

 

[Madmick]

Sure.

At the same time, people who initiate or engage in sexual activity with another person under the pretense of a chosen "gender identity" without disclosing their (true) biological gender to that partner should be liable for sexual assault since their partner did not willingly consent to sexual contact with a person not of the presumed gender. Thereafter, these criminals should be forced to register as sex offenders following their conviction.

Why? Because biological gender is real while "gender identity" is not.

If you get tricked by a chick with a dick, then you just might like chicks with dicks. Have some personal responsibility.

Personal responsibility is a two-way street, here, my dear libertine.

 

[Hogey]

I still think a trans person should be upfront about that when starting a relationship with someone. But that's just my opinion on that matter.

When I was in high school there was a tranny that man people didn’t know about/pay attention to. In junior high she was a female but in high school freshmen year was a male. If people paid attention that would have realized who she was, anyway she went on a spree dating other girls with the idea she was a guy named nick. First girl freaked out when she found out it was actually a woman, had to get counseling even after telling nick to stop contacting her she continued to try and do so. Come again next year she did the same thing on some new girl. She then pulled a victim card and the school got involved trying to appease the tranny. Nick was also a compulsive liar. Nick hit the progressive jackpot though black female tranny.

Also there was a murder at another high school within our district, dude was a tranny and was messing around with some chollos. They found out and killed. Her murder was then turned into a hit musical.

 

[tonni]

. I'll leave it at that

Anyway, this isn't really about a transwoman "tricking" men into going to bed with them. It's about guys killing gay people without ever being charged because they "panicked".

In the case of transwomen tricking men into going to bed with them, I would say that is a form of sexual assault. I doubt this happens often and I highly suspect guys killing transwomen of not being "tricked" but of being embarrassed by their bisexuality.

 

[tonni]

http://www.kxan.com/news/local/aust...ense-austin-man-avoids-prison-time/1141686601



Gay Panic defense still going strong as a way to get away with murder.

This is fucking disgusting and backwards.

 

[TSO]

https://www.npr.org/sections/thetwo...illinois-to-ban-gay-panic-defense-in-new-year


This seems like common sense, but I can't wait to see people argue that gay panic is a perfectly normal human reaction and that even animals do it.

I don't like this ruling at all. A lot of people base the majority of their views on their sexuality and to trick someone into getting romantic in a way that would shake that identity can cause legit breakdowns. Its far more harmful IMO than walking in and seeing a guy bang your wife and nobody is challenging that defense.

 

[Fawlty]

http://www.kxan.com/news/local/aust...ense-austin-man-avoids-prison-time/1141686601



Gay Panic defense still going strong as a way to get away with murder.

Jesus Christ. Texas is putting up a strong challenge to Florida.

Zero people would say it's okay to murder a straight person for coming onto them. "Straight panic" could never be a defense. This is precisely why sexual orientation needs stronger protections.

 

[Fugazy]

TCK said that a post op tranny not disclosing is rape.

It is. Without question.

 

[PainIsLIfe]

https://www.npr.org/sections/thetwo...illinois-to-ban-gay-panic-defense-in-new-year


This seems like common sense, but I can't wait to see people argue that gay panic is a perfectly normal human reaction and that even animals do it.

I think gay panic should be banned, trans panic I'm not so sure about - depends on the situation. Maybe use it as a mitigating circumstance between murder and manslaughter, perhaps even between voluntary and involuntary.

 

[Soul Rebel 2]

I still think a trans person should be upfront about that when starting a relationship with someone. But that's just my opinion on that matter.

They absolutely should but, if obfuscating details about your self to get laid is grounds for murder then we’re all fucked.

 

[7437]

And why is the government banning this defense tactic, are they concerned that the jury may buy it?

At least one already has

 

[JosephDredd]

https://www.10tv.com/article/condemned-ohio-man-blames-killing-homosexual-panic

It appears that a man who habitually preyed on gays by luring them to isolated locations to rob them is claiming that he panicked at his own potential gayness when he murdered his gay victim.

 

[Big Nasty Edison]

https://www.10tv.com/article/condemned-ohio-man-blames-killing-homosexual-panic

It appears that a man who habitually preyed on gays by luring them to isolated locations to rob them is claiming that he panicked at his own potential gayness when he murdered his gay victim.

What was his Sherdog name?

 

[all caps]

Jesus Christ. Texas is putting up a strong challenge to Florida.

Zero people would say it's okay to murder a straight person for coming onto them. "Straight panic" could never be a defense. This is precisely why sexual orientation needs stronger protections.

Not for long if the libtards have any say!

 

[RockstarChris]

we should ignore all of the men who get raped and focus on all the women who get raped because men dont matter.