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"Gay Panic" defense still wins cases (blog/commentary)

Started by Natasha, April 12, 2008, 02:00:23 PM

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Natasha

"Gay Panic" defense still wins cases

http://www.bilerico.com/2008/04/gay_panic_defense_still_wins_cases.php
4/12/2008

"Prosecutors said that Scarborough lured Manious from a gay bar
intending to rob him, but ended up murdering him by bludgeoning him
with a baseball bat. Manious' body was later found in the trunk of his
car. Scarborough spent the days following the murder shopping and
traveling with Manious' credit cards."


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Kaelin

Even if were to accept that people would be permitted that sort of leeway out of ignorance, the defense still should not apply.  If you deliberately lure (in a sexual context) someone you know to be gay, you forfeit any sort of justification for "freaking out" just because he did exactly what you tried to get him to do (make an advancement towards you).  You can't invoke "panic" when you knowingly force the situation.

I don't know whether it's the prosecution or the jury that dropped the ball here, but this sort of logic isn't hard to walk through.
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