Gay flirting no excuse for murder

A STATE MP has put her name to moves to eliminate 'non-violent homosexual advance' as a murder defence in Queensland.

Brisbane MP Grace Grace has sponsored a petition which calls for 'non-violent homosexual advance' to be eliminated completely from the 'ambit of evidence considered in establishing if the partial defence of provocation is justified in cases involving murder.'

The petition comes after Attorney General Paul Lucas wrote for in April that the passing of the Criminal Code and Other Legislation Amendment Bill 2010 had closed loopholes around the partial defence of provocation.

"No longer can mere words alone, including gay or straight advances, be sufficient for the defence of provocation, except in the most extreme and exceptional circumstances," Mr Lucas wrote.

Senior law lecturer at the University of Newcastle, Alan Berman, said the concept of "exceptional circumstances" was open to interpretation and could include "a non-violent homosexual advance".

Remove 'disturbing law': gay marriage activist

Ms Grace's move to eliminate the defence has drawn support from homosexual rights activists.

"It is disturbing that in 2011 there are laws like this still on the books in Queensland and in New South Wales," Ben Cooper of Gay Marriage Rights in Australia (GMRA) said.

"It truly is despicable that someone can either get off a murder charge completely or have that charge down graded to manslaughter by simply arguing that they felt threatened by a non-violent advance from someone of the same-sex.

"We call upon Premier Anna Bligh and opposition leader Campbell Newman to support and commit to the immediate removal of this law.

Mr Cooper said the law should not provide a legal defence for hate crimes and murder.

"The victims of such vicious crimes and there family and friends deserve justice and the full backing of the law," he said.

Queensland residents can sign the petition here


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