Stigma, homosexuality and the homosexual advance defence

Article


Gray A. and Braun K.. 2017. "Stigma, homosexuality and the homosexual advance defence." Journal of Law and Medicine. 24 (4), pp. 935-958.
ERA Journal ID33514
Article CategoryArticle
AuthorsGray A. and Braun K.
Journal TitleJournal of Law and Medicine
Journal Citation24 (4), pp. 935-958
Number of Pages24
Year2017
PublisherLawbook Co.
Place of PublicationAustralia
ISSN1320-159X
Abstract

This article considers developments in the law regarding homosexuality through the prism of stigma, which retains an important role in psychology theory. It explores the role of law in perpetuating, or tackling, stigma. While the decriminalisation of homosexual practice between consenting adults has been important in reducing the stigma attached to homosexual activity, it is evident that stigma, and its associated serious psychological effects, persists in relation to sexuality. The recent High Court of Australia decision permitting a "homosexual advance defence" to be used by an offender accused of murdering the person making the unwanted advance is argued to reflect and perpetuate the continued stigmatisation of homosexual practice. There is reason to doubt whether the High Court would view an unwanted heterosexual advance in the same way as it apparently views an unwanted homosexual advance. The law must be careful in apparently excusing, or partly excusing, extremely violent (sometimes deadly) behaviour, and the message it sends when it does so.

Keywordshomosexual advance defence; stigma; provocation
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
Scopus ID85062534100
TitleStigma, homosexuality and the homosexual advance defence
Permalink -

https://research.usq.edu.au/item/q44x6/stigma-homosexuality-and-the-homosexual-advance-defence

  • 1273
    total views
  • 10
    total downloads
  • 2
    views this month
  • 0
    downloads this month

Export as

Related outputs

A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?
Braun, Kerstin. 2024. "A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?" Criminal Law Journal. 47 (3), pp. 359-372.
Women Who Kill Their Abusive Intimate Partners in Non-Confrontational Circumstances - The Need for German Criminal Law Reform
Braun, Kerstin. 2024. "Women Who Kill Their Abusive Intimate Partners in Non-Confrontational Circumstances - The Need for German Criminal Law Reform." International Journal For Crime, Justice and Social Democracy. https://doi.org/10.5204/ijcjsd.3571
Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia
Braun, Kerstin and Butcher, Sarah. 2024. "Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia." Journal of Law and Medicine. 31 (2), pp. 370-385.
Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories
Braun, Kerstin. 2024. "Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories." Medical Law Review. 32 (1), pp. 42-60. https://doi.org/10.1093/medlaw/fwad030
Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment
McNamara, Noeleen and Braun, Kerstin. 2023. "Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment." Journal of the Australasian Law Teachers Association. 16, pp. 33-47.
Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK)
Braun, Kerstin. 2023. Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK).
Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law
Gray, Anthony and Braun, Kerstin. 2022. "Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law." Journal of Law and Medicine. 29 (4), pp. 1128-1149.
Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation
Braun, Kerstin. 2023. "Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation." Medical Law Review. 31 (1), p. 141–157. https://doi.org/10.1093/medlaw/fwac034
When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility
Braun, Kerstin. 2022. "When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility." Australian Journal of Human Rights. 28 (1), pp. 21-39. https://doi.org/10.1080/1323238X.2022.2109821
The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria
Braun, Kerstin. 2021. "The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria." Vienna Journal on International Constitutional Law. 15 (3), pp. 291-318.
Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia
Braun, Kerstin. 2021. "Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia." Criminal Law Journal. 45 (2), pp. 81-92.
A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application
Braun, Kerstin and Bose, Martin. 2020. "A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application." Zeitschrift fuer Internationale Strafrechtsdogmatik (Review of International Criminal Law Doctrine). 15 (12), pp. 566-583.
Prospects and challenges of prosecuting foreign fighters in Australia
Braun, Kerstin. 2020. "Prospects and challenges of prosecuting foreign fighters in Australia." Kfir, Isaac and Coyne, John (ed.) ASPI counterterrorism yearbook 2020. Barton, ACT, Australia. Australian Strategic Policy Institute. pp. 39-42
Victim participation rights: variation across criminal justice systems
Braun, Kerstin. 2019. Victim participation rights: variation across criminal justice systems. Cham, Switzerland. Palgrave Macmillan.
Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC
Braun, Kerstin. 2017. "Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC." Lobba, Paolo and Mariniello, Triestino (ed.) Judicial dialogue on human rights: the practice of international criminal tribunals. Brill. pp. 282-299
‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia
Braun, Kerstin. 2018. "‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia." International Community Law Review. 20 (3-4), pp. 311-346. https://doi.org/10.1163/18719732-12341378
Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing
Braun, Kerstin. 2017. Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing. New South Wales Sentencing Council.
Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing
Kirchengast, Tyrone and Braun, Kerstin. 2017. Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing. New South Wales Sentencing Council.
Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency
Braun, Kerstin. 2017. "Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency." University of New South Wales Law Journal. 40 (4), pp. 1634-1662. https://doi.org/10.53637/YIKL5634
How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students
Braun, Kerstin. 2017. "How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students." German Law Journal. 18 (6), pp. 1331-1358.
Secularism and state neutrality: the headscarf in French and German public schools
Jones, Nicky and Braun, Kerstin. 2017. "Secularism and state neutrality: the headscarf in French and German public schools." Australian Journal of Human Rights. 23 (1), pp. 61-89. https://doi.org/10.1080/1323238X.2017.1314441
'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia
Braun, Kerstin. 2017. "'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia." Violence Against Women: an international and interdisciplinary journal. 23 (10), pp. 1177-1204. https://doi.org/10.1177/1077801216656832
Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?
Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.
Criminal procedure: LexisNexis questions and answers
Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.
'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany
Braun, Kerstin. 2015. "'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany." German Law Journal. 16 (4), pp. 845-870.
'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities
Braun, Kerstin. 2015. "'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities." American University International Law Review. 30 (2), pp. 315-346.
Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure
Braun, Kerstin. 2013. "Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure." German Law Journal. 14 (9), pp. 1889-1908.
Legal representation for sexual assault victims - Possibilities for law reform?
Braun, Kerstin. 2014. "Legal representation for sexual assault victims - Possibilities for law reform?" Current Issues in Criminal Justice. 25 (3), pp. 819-837.
Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?
Braun, Kerstin. 2014. "Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?" American University International Law Review. 29 (4), pp. 871-903.