A proposal coming before the American Bar Association’s Criminal Justice Section would permanently render the so-called “gay panic” defense inadmissible in court. According to the dot429 blog, if the proposal is ratified, it will ban defense attorneys from using the sexual orientation or gender identity of a victim against them in court. Too often, according to dot429, attorneys representing perpetrators of violent acts against LGBT people resort to accusing the victims of “bringing it on themselves” in order to defend their clients in court. The “gay panic” defense says that an LGBT brought violent retribution on themselves, up to and including murder, by sexually propositioning someone who was so enraged by the gesture that they had no choice but to react violently.
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