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

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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 103 points 1 year ago (1 children)

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

[–] GenderNeutralBro@lemmy.sdf.org 44 points 1 year 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 1 year 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 1 year ago

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

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

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

[–] HowMany@lemmy.ml 0 points 1 year ago

How varied... their lunacy.

[–] Shdwdrgn@mander.xyz 23 points 1 year 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 1 year 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 1 year ago (1 children)

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

[–] dumples@kbin.social 1 points 1 year 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 1 year ago

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

[–] rustyfish@lemmy.world 16 points 1 year 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 1 year 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 1 year ago (2 children)

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

[–] shalafi@lemmy.world 2 points 1 year ago (1 children)
[–] HowMany@lemmy.ml 0 points 1 year ago

Yours is the best religion.

[–] iHUNTcriminals@lemm.ee 6 points 1 year ago

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

[–] blazera@kbin.social 2 points 1 year 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 1 year 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.