15 July 2020

Panic

On Monday, Colorado became the eleventh state to ban the so-called "gay panic" defense (sometimes called "LGBT panic" and similar names) in murder trials (details here).

In the thirty-nine states where it's still allowed, a defendant to a murder charge can claim a sort of temporary insanity that results after an alleged unwanted sexual advance by the LGBT victim (details here). If that succeeds, the charge is usually stepped down to manslaughter, which means a much lighter sentence.

The Colorado change came about in part because of lobbying by the governor, who happens to be LGBT himself.

The ten other states where the defense is now barred include California, Connecticut, Hawaii, Illinois, Maine, Nevada, New Jersey, New York, Rhode Island, and Washington.

Hopefully more states will continue this trend and soon.

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