The Homosexual Panic Defense

BARTOW, Fla. -- Authorities are investigating the killing of a central Florida man as a hate crime after interviews with people who knew him revealed he was gay, officials said.

William David Brown Jr., 20, and Joseph Bearden, 21, were being held without bond in the Polk County Jail Saturday after being charged with first degree murder in connection to Ryan Keith Skipper’s death, authorities said.

They are also charged with the armed robbery of Skipper’s car and computer. If convicted of murder, the two men would be eligible for the death penalty under Florida law. [...]

He had been stabbed about 20 times, she said.

A witness came forward and said Skipper was killed because he made an advance toward Brown, Wood said. (source)

It seems a bit outdated in this day and age I suppose to suggest that a murder would not be prosecuted because the victim was gay. Yet, I know that in some parts of the country, it is still the practice to turn a blind eye to crimes against gays, even if that crime ends with murder.

It used to be a well known defense to accuse the gay victim of making an unwanted sexual advance on the person who committed the crime, therefore in some twisted way, asking for the punishment that was to come. This legally came to be known as the “homosexual panic” defense. The straight man who was the victim of a homosexual advance was so overcome with fear and rage, that he was simply unable to control himself. This was used in the defense of the killers of Matthew Shepard as well. In that case, it was thrown out because Wyoming had no statute on the books to allow that kind of defense.

So to say that Ryan Keith Skipper was killed because he made an advance toward William David Brown is just gearing up for the “homosexual panic” defense to be used once again. To jurors who are sympathetic to this defense, it can be powerful. After all, the only witnesses to the crime are the two killers and the victim, and the victim is dead. So, it can come down to a character assessment of what the victim would do or not do. Those who knew him may come forth as state that it was not in his character to make such advances. Sometimes that works. And other times, the killers can get off with community service and probation. This has actually happened!

But I see the days of the “homosexual panic” defense numbered. Everything is connected for us. We come out more, and more people know us. That makes it more difficult for people to look at us and deny us benefits for being gay, deny us justice in a court room, deny us service to our country in the military, and get away with murdering us. We are starting to be seen as citizens, and we are demanding that we have all the rights and privileges of citizenship.

I’ve relaxed a great deal in the past couple of months. I’ve let a lot of personal issues of inequality go, for a lot of reasons. First, it’s not good for you and can effect your health. Second, it can color every other thing in your life - good and bad. But the really big reason for me is this....

We have a limited number of years on this earth. Now, I can let morons and homophobes win by letting them make my short time on this earth miserable, or I can win by living a wonderful, full, and happy life. I HAVE THAT CHOICE, and so do you! I choose to be happy. I will from time to time point out people and places to watch out for, but the days of giving certain people and things the ability to effect my emotional well being are over for me. I made that choice, and you can too.

Think about it.