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TexasTowelie

(117,230 posts)
Tue Mar 26, 2019, 06:58 AM Mar 2019

Nevada considers banning 'gay panic' defense

Lawmakers in the state Senate have proposed a bill to ban the so called “gay panic” or “trans panic” defense. If passed, a defendant accused of committing a violent crime would no longer be able to introduce a victim’s sexual orientation or gender identity as a defense.

The bill would prohibit the use of the defense, which attempts to get alleged criminals a lesser sentence or even acquittal by arguing that their violent actions were provoked or justified because their knowledge of the victim’s sexual orientation or gender identity created reasonable fear for their safety or well-being.

While uncommon, such defenses have been used in several high-profile hate crimes of murders of members of the LGBTQ community. One study shows it has surfaced in about half of all U.S. states and has been used with some success.

A case in 2016 resulted in what many advocates saw as a lenient 12-year prison sentence when James Dixon claimed “gay panic” in the murder trial of Islan Nettles, whom he beat to death in New York City after flirting with her and discovering that she was transgender.

Read more: https://www.nevadacurrent.com/2019/03/20/nevada-considers-banning-gay-panic-defense/

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