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Old 2015-08-01, 11:30   #1532
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"Gang aft agley"
Sep 2002

EAA16 Posts

Originally Posted by xilman View Post
Here's a curiosity of English law, a situation in which I sympathize with the wife and think that the law should be changed so as to treat all parties equallty. It concerns alleged adultery of a husband with another man. In English law this is an act which is impossible to perform.
Speaking of curiosities, the gay panic defense is still an affirmative defense for murder:
'Gay Panic' Is Still a Murder Defense in Some States of Australia
May 12, 2015
"Gay panic" is a kind of provocation defense recognized in Queensland and South Australia. What it means is, if someone of the same sex hits on you, the shock of that advance can legally render you temporarily insane. Officially known as the homosexual advancement defense, it harkens back to a time when certain situations could be seen as a slight against a man's honor and therefore provoke him into a killing that he's not 100 percent responsible for. Individuals who successfully employ the tactic can expect their charges to be downgraded from murder to manslaughter.

Affirmative Defense legal definition of Affirmative Defense‎
Affirmative Defense. A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.
Home > Vol 12, No 2 (2012) > Kent Blore
The Homosexual Advance Defence and the Campaign to Abolish it in Queensland: The Activist’s Dilemma and the Politician’s Paradox
Two recent murder trials in Queensland served as reminders that the ‘homosexual advance defence’ is still being employed in courtrooms as a species of provocation, resulting in verdicts of manslaughter instead of murder. The cases sparked a campaign for the abolition of the defence from Queensland law and very nearly succeeded. After setting out what the ‘homosexual advance defence’ is and how efforts to eradicate it have fared elsewhere in Australia, this article seeks to give a full account of the campaign in order to elucidate lessons for future law reform efforts as well as for queer theory.
Full Text: PDF (228KB)
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