New study shows gay and trans panic defense is still a thing

By Velvet Wahl

The Williams Institute at UCLA School of Law just released a report that examines the use of gay and trans panic defenses in violence against the LGBTQ community over the last six decades.

The report looks at numerous studies that show patterns of violence against LGBTQ people, “including higher rates of violent victimization among transgender people and LGBTQ people of color,” it said. 

In many cases of violence against LGTBQ victims that make it to court, the perpetrator will use a gay and trans panic defense. The defense is rooted in the idea that being LGBTQ is a mental illness and relies on the assumption that it is acceptable for a perpetrator to react violently upon discovering someone is LGBTQ, the report said.

“When invoked successfully, the gay and trans panic defenses allow perpetrators of LGBTQ murders to receive lesser sentences, and in some cases, avoid being convicted and sentenced altogether, by placing the blame for homicide on the victim’s actual or perceived sexual orientation or gender identity,” it said.

Homosexuality was included in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders until 1973 and “gender identity disorders” were included until the early 2000s. Recent data published by the FBI in 2019 showed that 16.7% of all hate crime victims were targeted because of their sexual orientation and 2.7% for their gender identity, the report said.

“Other studies have further documented pervasive violent victimization among LGBTQ people,” it said. “For example, reports on hate violence against LGBTQ people and people living with HIV conducted by the National Coalition of Anti-Violence Programs (NCAVP) documented over 3,000 incidents of violence over a three-year period (2015–2017).”

Violence against LGBTQ people often starts early in their lives. They are mistreated by either family members or non-LGBTQ peers at school.

“In one study about the challenges that youth face, LGBT youth ranked non-accepting families as the most important problem in their lives (26%),” the report said. “Followed by school and bullying problems (21%) and fear of being open about being LGBT (18%).”

Transgender people experience high levels of violence, with 47% of transgender people surveyed in 13 Southern states reporting “high-intensity violence from strangers,” according to a 2019 report from the Transgender Law Center.

And members of the LGBTQ community are more likely to experience intimate partner violence, with the NCAVP documenting over 6,000 cases from 2015 to 2017.

“The differences in treatment were most pronounced for major physical abuse, with LGB men being about three times as likely to report these experiences, and LGB women about eight times as likely, as their non-LGB counterparts,” the report said.

Members of the LGBTQ community are less likely to report violence out of fear of discrimination by police and health care providers, according to the report.

“For decades, LGBTQ communities—particularly LGBTQ people of color, youth, and transgender and gender non-conforming people—have been subject to various forms of mistreatment by law enforcement, including profiling, entrapment, discrimination, harassment, and violence,” it said.

Many states do not have laws that adequately protect survivors from hate violence and intimate partner violence. There are 45 states with hate crime laws, but a lot of them don’t include sex, sexual orientation or gender identity protections.

Of the 45 states with hate crimes laws, 18 do not include sex as a motivating factor, 12 do not include sexual orientation as a motivating factor, and 28 do not include gender identity as a motivating factor.

This means that defendants can use the gay or trans panic defense to successfully diminish or veto any convictions of hate crimes against the LGBTQ community. According to lgbtqmap.org, Arizona’s hate crime laws do not cover gender identity and there is no ban on the panic defense.

“In addition, IPV (intimate partner violence) laws in several states fail to adequately protect individuals regardless of whether they have faced violence at the hands of a same-sex or different-sex partner. Although laws that criminalize IPV expressly apply to individuals in both same-sex and different-sex relationships in all states but North Carolina (discussed infra), there is considerable variation in these laws that leaves many survivors without protection.”

Why has the gay and trans panic defense been a successful tool for for mitigating blame? The report lists three reasons, with the first being the reliance on the defense theory of provocation. 

“Specifically, defendants argue that the discovery, knowledge, or potential disclosure of a victim’s sexual orientation or gender identity was a sufficiently provocative act that drove them to kill in the heat of passion,” it said.

The second reason it's been successful is because defendants have used it to support a defense theory of diminished capacity. They argue that learning someone’s sexual orientation or gender identity caused them to have a temporary mental breakdown, also known as “homosexual panic,” that led them to reacting violently.

Finally, defendants have used gay and trans panic defense to support a theory of self-defense. 

“Defendants argue that they had a reasonable belief that they were in immediate danger of serious bodily harm based on the discovery, knowledge, or potential disclosure of a victim’s sexual orientation or gender identity,” the report said.

The report proposes model language in hopes that state legislatures will adopt it to prohibit the use of gay and transgender panic defenses.

“One way states can combat the epidemic of violence against LGBTQ people is by passing laws that bar defendants from asserting the gay and trans panic defenses in court.”

Read the full report here.

WhistlePig + Alfa Romeo F1

SHOREHAM, VT (September 13, 2023) — WhistlePig Whiskey, the leaders in independent craft whiskey, and Alfa Romeo F1 Team Stake are waving the checkered flag on a legend-worthy release that’s taking whiskey to G-Force levels. The Limited Edition PiggyBack Legends Series: Alfa Romeo F1 Team Stake Barrel is a high Rye Whiskey selected by the Alfa Romeo F1 Team Stake drivers, with barrels trialed in their wind tunnel to ensure a thrilling taste in every sip.

The third iteration in WhistlePig’s Single Barrel PiggyBack Legends Series, the Alfa Romeo F1 Team Stake Barrel is bottled at 96.77 proof, a nod to Valtteri Bottas’ racing number, 77, and the precision of racing. Inspired by Zhou Guanyu, the first Chinese F1 driver, this Rye Whiskey is finished with lychee and oolong tea. Herbal and floral notes of the oolong tea complement the herbaceous notes of WhistlePig’s signature PiggyBack 100% Rye, rounded out with a juicy tropical fruit finish and a touch of spice.

Keep readingShow less
by Spectrum Medical Care Center

Nurse Practitioner Ari Kravitz

When I started medical transition at 20 years old, it was very difficult to get the care I needed for hormone replacement therapy because there are very few providers trained in starting hormones for trans people, even though it’s very similar to the hormones that we prescribe to women in menopause or cisgender men with low testosterone.

I hope more providers get trained in LGBTQ+ healthcare, so they can support patients along their individual gender journey, and provide the info needed to make informed decisions about their body. I’ve personally seen my trans patients find hope and experience a better quality of life through hormone replacement therapy.

Keep readingShow less

Descanso Resort swimming pool and lounge area

Descanso Resort, Palm Springs' premier destination for gay men, just received Tripadvisor's highest honor, a Travelers' Choice "Best of the Best" award for 2023. Based on guests' reviews and ratings, fewer than 1% of Tripadvisor's 8 million listings around the world receive the coveted "Best of the Best" designation. Descanso ranked 12th in the top 25 small inns and hotels category in the United States. Quite an accomplishment!

Open less than two years, Descanso Resort offers gay men a relaxing and luxurious boutique hotel experience just minutes away from Palm Springs' buzziest restaurants, nightclubs, and shopping. Descanso has quickly established itself as a top destination for sophisticated gay travelers, earning hundreds of 5-star guest reviews and consistently ranking in Trapadvisor's top positions alongside brother properties Santiago Resort and Twin Palms Resort.

Keep readingShow less