California is yet again leading the way on state-level LGBT-rights legislation.
Just as it became the first in the nation to ban conversion therapy for youth (closely followed by New Jersey), it is now poised to become the first to disallow the so-called “panic defense” in relation to crimes allegedly stemming from a victim’s being LGBT.
The legislation, approved last week by an overwhelming majority of the Assembly and passed earlier this year by the Senate, was sent to the desk of Gov. Jerry Brown, who is expected to sign it. The bill would prevent defendants from claiming they harmed another after discovering someone’s sexual orientation or gender identity. State law allows for murder charges to be reduced to manslaughter if the defendant is found to have acted in a sudden fit of passion.
The panic defense has been employed in such high-profile cases as the brutal murder of trans teen Gwen Araujo; her killers were ultimately convicted of a mixture of second-degree murder and manslaughter charges, and none were convicted of hate-crimes charges. The murderers of gay teen Matthew Shepard also attempted to evoke the panic defense but were barred from doing so by a judge, although courtwatchers attest that the notion was still prevalent throughout the trial; both defendants were given life sentences. The panic concept was also employed in the trial of teen Brandon McInerney, who shot and killed classmate Larry King in 2008. After a mistrial, McInerney pleaded guilty to second-degree murder and manslaughter. And there are doubtlessly an untold number of lesser-known cases in which defendants have resorted to LGBT-related panic defenses to escape justice.
Legislation such as California’s is long-overdue, and states throughout the country need to follow suit. Not only do panic defenses deprive victims and their loved ones of proper justice, but they contribute to an environment of systemic, and accepted, intolerance toward LGBT people. Allowing attorneys to argue that a person was moved to murder, or some other heinous act, solely because of discovering someone was LGBT, or because of same-sex advances, legitimizes violence toward LGBT people.
Here in Philadelphia, there is a question as to whether Charles Sargent, the alleged murderer of Diamond Williams, will employ a trans-panic defense. Sargent allegedly stabbed and dismembered Williams, and it has been reported that Sargent said he was moved to violence after discovering Williams’ transgender status. (Sargent will face a preliminary hearing at 9 a.m. Sept. 9 in Room 306 of the Criminal Justice Center, 1301 Filbert St.; the public is free to attend.)
Violence against LGBT people in this country is staggering, and reducing those numbers requires cooperation among law enforcement, the LGBT community and the criminal-justice system. It’s also time for legislators to do their part to dismantle endemic discrimination against LGBT people and work to ban panic defenses.