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gay panic defense
The gay panic defense〔''Gay panic defence'' in UK and NZ. Also known as the ''homosexual advance defence'' strategy in Australia. See American and British English differences.〕 is a legal defense, usually against charges of assault or murder. A defendant using the defense claims that they acted in a state of violent temporary insanity because of a purported psychiatric condition called homosexual panic. Trans panic is a similar defense applied towards cases where the victim is a transgender or intersex person. In 2014, California became the first state in the U.S. to officially ban the use of trans panic and gay panic defenses in murder trials. This defense has only been banned in California, but the ABA has suggested that other states follow California's lead.
==Details==
(詳細はCrown Prosecution Service of England and Wales states: "The fact that the victim made a sexual advance on the defendant does not, of itself, automatically provide the defendant with a defence of self-defence for the actions that they then take." In the UK, it has been known for decades as the "Portsmouth defence" or the "guardsman's defence" (the latter term was used in an episode of ''Rumpole of the Bailey'' made in 1980).
In Australia, it is known as the homosexual advance defence (HAD) strategy. Of the status of the HAD in Australia, Kent Blore wrote:
Although the homosexual advance defence cannot be found anywhere in legislation, its entrenchment in case law gives it the force of law. () Several Australian states and territories have either abolished the umbrella defence of provocation entirely or excluded non-violent homosexual advances from its ambit. Of those that have abolished provocation entirely, Tasmania was the first to do so in 2003.
As in Tasmania, Victoria has repealed the defence of provocation,〔 whereas New South Wales,〔''Crimes Act'' 1900 (NSW), section 23〕 the ACT and the Northern Territory have excluded non-violent homosexual advances.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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