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 ID	33514
Article Category	Article
Authors	Gray A. and Braun K.
Journal Title	Journal of Law and Medicine
Journal Citation	24 (4), pp. 935-958
Number of Pages	24
Year	2017
Publisher	Lawbook Co.
Place of Publication	Australia
ISSN	1320-159X
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.
Keywords	homosexual advance defence; stigma; provocation
ANZSRC Field of Research 2020	489999. Other law and legal studies not elsewhere classified
Public Notes	Files associated with this item cannot be displayed due to copyright restrictions.
Byline Affiliations	School of Law and Justice
Institution of Origin	University of Southern Queensland
Scopus ID	85062534100
Title	Stigma, homosexuality and the homosexual advance defence

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