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  1. #1
    Warflower Nijntje's Avatar
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    Default Eliminate the ‘gay panic’ defence from Queensland law

    please note, this was taken from an email to me and information on petiton website, i did not write any of the text, i merely support it.


    Eliminate the ‘gay panic’ defence from Queensland law

    “Yeah, I killed him, but he did worse to me.”

    These are the words of a man who reacted to some “gentle touching” from a gay man by ramming his victim’s head against a wall until he was unrecognisable, and then stabbing him to death [1].

    This infamous 1997 case enshrined the “gay panic” defence in Queensland law — allowing accused murderers to have charges downgraded if their victim was gay and “came onto” them. Just two years ago, a man was brutally killed in Father Paul Kelly’s church yard, and his killers used this same defence. They were subsequently acquitted of murder [2].

    Father Kelly was horrified that this argument was even allowed in court, and wrote to the government along with thousands of others — they didn’t respond. But with the Liberal National Party likely to win power in the March state election, there’s new hope. Father Kelly has started a Change.org petition calling on LNP leader Campbell Newman to abolish the law if he’s elected, and insiders say the party is already wavering.

    If 10,000 people sign Father Kelly’s petition, his local member and senior LNP member Ted Sorensen has promised to take it to Parliament. Sign the petition now.A recent study named Queensland as Australia’s most homophobic state, and anti-gay violence is reportedly on the rise [3]. Laws like the “gay panic” defence are a crucial part of legitimising and reinforcing a culture which means that 73% of gay and lesbian Queenslanders are subjected to verbal abuse or physical violence for their sexuality [4].

    While fierce community opposition has convinced almost all other state governments to abolish similar laws, the outcry has fallen on deaf ears in Queensland. It’s now one of the last states upholding the idea that a person can be panicked enough by gay and lesbian people to justify murder. Thousands like Father Kelly are fed up with the inaction — it’s the perfect moment for Newman to take a stand and promise to deliver where the current government has failed.

    Click here to join Father Kelly and make sure “gay panic” is never an excuse for murder.

    This could be the best chance Queensland will have for years to fix what law expert Alan Berman calls a “repulsive and dangerous partial defence”. If thousands of people speak out now, it will force Newman to commit to closing the loophole — and take meaningful steps towards reducing discrimination and violence towards gay and lesbian people in Queensland.

    Stand with Father Kelly and tell Campbell Newman this outdated “gay panic” law has no place in a modern society.

    Thanks for being part of this,

    Nathan and the Change.org team

    ———————————————— ———————————————— ———-
    Please sign.
    http://www.change.org/petitions/eliminate-the-gay-panic-defence-from-queensland-law-gaypanic
    Why This Is Important

    A loophole in Queensland law allows people accused of murder to defend themselves in court by claiming “gay panic” — that is, if someone who they think is gay “comes onto” them, the sheer panic they feel is partial justification for murder.

    This law belongs in the dark ages —affirmed by the High Court in the notorious Green case in 1997, when a man responded to “gentle touching” by brutally murdering his victim.

    The killer’s argument was this: “Yeah, I killed him, but he did worse to me.”Just over two years ago, a man was murdered in my church’s grounds, and his killers used this same “gay panic” defence. They were eventually acquitted of murder. I’m utterly appalled that a law that so revoltingly and openly discriminates against gay people is still tolerated in a modern society. Laws like the “gay panic” defence are a crucial part of legitimising and reinforcing a culture of hate which means that 73% of gay and lesbian Queenslanders are subjected to verbal abuse or physical violence for their sexuality. While almost all other state governments have abolished similar laws, and refuse to admit evidence of non-violent homosexual advances in murder trials, nothing has changed here. Queensland is now one of the last states upholding the idea that a person can be panicked enough by gay and lesbian people to justify murder. In addition, the mere introduction of this evidence pollutes jury deliberations.

    That’s why I am calling on the Queensland parliament and LNP leader Campbell Newman to eliminate this law as a partial defence for murder, and forbid non-violent homosexual advance being treated as evidence in any murder trial. This situation cannot go on.

    Please sign and help eliminate this antiquated, 17th century defence from our law books.

    Take the message of why you signed the petition directly to Campbell Newman, who is likely to become Qld Premier in March: http://on.fb.me/y8qPeA

    For more information, see recent news coverage here:

    http://www.couriermail.com.au/news/opinion/better-laws-needed-to-protect-gays/story-e6frerdf-1226160221310

    http://www.brisbanetimes.com.au/queensland/men-jailed-over-churchyard-
    homosexual-bashing-death-20100513-v099.html

    http://www.brisbanetimes.com.au/news/queensland/gay-men-targets-of-violence/2008/11/02/1225560616212.html

    ***FROM THE FIRST STORY.

    [1] Courier Mail, “Law says it’s not murder if the victim is gay and “comes on to you”
    http://www.couriermail.com.au/news/opinion/better-laws-needed-to-protect-gays/story-e6frerdf-1226160221310

    [2] Brisbane Times, “Men jailed over churchyard ‘homosexual’ bashing death”
    http://www.brisbanetimes.com.au/queensland/men-jailed-over-churchyard-homosexual-bashing-death-20100513-v099.html

    [3] Anti-gay violence on the rise
    http://www.brisbanetimes.com.au/news/queensland/gay-men-targets-of-violence/2008/11/02/1225560616212.html
    Queensland Australia’s most homophobic state
    http://www.glhv.org.au/files/aust_inst_homophobia_paper.pdf

    [4] Dr Alan Berman, legal expert and co-author of a study into homophobic violence in Queensland http://lgbtlawblog.blogspot.com/2010/06/homophobic-violence-in-queensland.html
    Last edited by Nijntje; 01-10-2012 at 12:59 AM. Reason: .

    Terrible things happen to good people every day.
    Consequentially, I am not one of the good people.
    I am one of the terrible things.
    .



    Conclusion: Dinosaurs


  2. #2
    Away with the fairies Southern Kross's Avatar
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    ^ Jesus, what is it, the 50s?

    Signed
    INFP 4w5 so/sp

    I've dreamt in my life dreams that have stayed with me ever after, and changed my ideas;
    they've gone through and through me, like wine through water, and altered the colour of my mind.

    - Emily Bronte

  3. #3
    Senior Member lauranna's Avatar
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    This is insane. I feel lucky to live in the society I live in or I am sure there would be plenty of women trying to kill me!

  4. #4
    Warflower Nijntje's Avatar
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    Quote Originally Posted by Southern Kross View Post
    ^ Jesus, what is it, the 50s?

    Signed
    I know right?! I used to live in Queensland and i always thought they were a little backwards, but that's downright scary.

    Terrible things happen to good people every day.
    Consequentially, I am not one of the good people.
    I am one of the terrible things.
    .



    Conclusion: Dinosaurs


  5. #5
    Senior Member Munchies's Avatar
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    Ok just another sick society where laws are malleable.

    Not that long ago we were killing "niggers" in canada and USA... much long after the so called american revolution. Hey now you have a black president but you sure as fuck will never have an arab decent in office knowwhatimsaying
    1+1=3 OMFG

  6. #6
    Senior Member Nicodemus's Avatar
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    What a sensible law.

    But at least some cultures are fighting back, right, Lark?

  7. #7
    Senior Member Beargryllz's Avatar
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    Quote Originally Posted by Munchies View Post
    Ok just another sick society where laws are malleable.

    Not that long ago we were killing "niggers" in canada and USA... much long after the so called american revolution. Hey now you have a black president but you sure as fuck will never have an arab decent in office knowwhatimsaying
    We've had Irish and blacks in the white house

    ANYTHING is possible

    Of course, there are far more Irish and African-descended Americans than there are Arab-descended Americans IN America

    12% of Americans identify as Irish-American, another 12% identify as African-American, but only 0.5% identify as Arab-American

    Barring a massive swing in these demographics, it doesn't seem statistically probable

  8. #8
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Quote Originally Posted by Beargryllz View Post
    12% of Americans identify as Irish-American, another 12% identify as African-American, but only 0.5% identify as Arab-American; Barring a massive swing in these demographics, it doesn't seem statistically probable
    Hmmm.... Which do you see as more likely to occur: An Arab-American president in a post 9-11 USA, or an openly atheist president?

    Neither stands a good chance, but being of Arab descent has been exploited as a political liability in state-wide elections within the last five years, and even our current president is STILL suffering political antagonism -- with less than a year to the next election -- partly because his middle name is Hussein.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

  9. #9
    insert random title here Randomnity's Avatar
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    you just ruined my idealistic idea of australia being a nice civilized country unlike so many. thanks a lot.
    -end of thread-

  10. #10
    Senior Member Viridian's Avatar
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    Holy mackerel... Can you imagine such a law for heterosexual people? "She touched my shoulder gently, so I stabbed her to death."

    But, of course, gay people exist solely as vessels of Satan to spread the HIV by simple touch, so we can treat them as expendable third-class citizens! Hooray!

    In other words, sign'd!
    Tentative typing: ISFJ 6w5 or 9w1 (Sp/S[?]).

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