Gay rights campaigners are calling on authorities to reassess one of Australia’s most antiquated and controversial laws – the so-called “gay panic” defence law.
Dating back to the early 20th Century, “gay panic” is a law whereby if a gay person comes onto someone who resultantly kills them, the shock of their advances can render the perpetrator temporarily insane.
Under the homosexual advancement defence, still applicable in South Australia and Queensland, individuals can use the law to downgrade their charges from murder to manslaughter, claiming they were provoked to kill by the unwanted advance.
On Tuesday, International Day Against Homophobia, Transphobia and Biphobia, rights campaigners and public figures have rallied behind a four-year campaign to abolish the law.
Speaking in a video uploaded by Change.org this week, Australian comedian and presenter, Tom Ballard, said: “According to the law in Queensland and South Australia you can get away with murder, if you argue that a gay man came onto you.
“According to our law in those two states the murder of a gay man is a lesser crime.
“I’m a gay man and I’ve had some awkward interactions with straight men myself over the years, but they’re awkward and they make people feel uncomfortable and you laugh about it and move on.
“But if any of those straight men were so offended by my advances they proceeded to stab me multiple times… I’d like to think the justice system would prosecute them to the full extent."
The petition backed by Ballard was begun by the Catholic Priest, Father Paul Kelly, after two men, named Jason Pearce and Richard Meerdink, bashed Wayne Ruks to death in his church ground in Maryborough, Queensland in 2008. Both men were found guilty of manslaughter, rather than murder, after Pearce claimed Ruks made a sexual advance towards him.
Father Kelley told ABC: “In the trial for murder it was raised that the victim, Wayne Ruks, allegedly made a homosexual advance against one of them and they lost control and bashed him.
"But it shocked me that that was even raised, or that that might even be some kind of mitigating circumstance."
The petition has been running for four years and has amassed nearly 250,000 signatures.
Tasmania abolished provocation defence in 2003 followed by Victoria and Western Australia. The Northern Territory and the Australian Capital Territory have also made amendments to the defence.
New South Wales passed a bill in 2014 amending the law of provocation.
In 2015, South Australian Premier Jay Weatherill asked the South Australian Law Reform Institute to review all state laws and regulations and remove discrimination against LGBTIQ communities.
Last week, the Queensland government announced they have begun procedures to amend section 304 of the Criminal Code. Legislation is expected to be introduced to Parliament later this year.
However, Father Kelly said the “leisurely pace” of authorities to abolish the law was concerning.
