Vermont State House (Capitol). (Photo courtesy State of Vermont)
MONTPELIER, Vt. | Vermont Republican Governor Phil Scott signed legislation May 5 that bans use of the “gay panic defense” by criminal defendants.
H.128, prevents a defendant at trial or sentencing from justifying violent actions by citing a victim’s actual or perceived sexual orientation or gender identity.
With the Governor’s signature , Vermont becomes the 14th state to enact a similar ban.
The LGBTQ+ “panic” defense strategy is a legal strategy that asks a jury to find that a victim’s sexual orientation or gender identity/expression is to blame for a defendant’s violent reaction, including murder.
It is not a free-standing defense to criminal liability, but rather a legal tactic used to bolster other defenses. When a perpetrator uses an LGBTQ+ “panic” defense, they are claiming that a victim’s sexual orientation or gender identity not only explains—but excuses—a loss of self-control and the subsequent assault. By fully or partially acquitting the perpetrators of crimes against LGBTQ+ victims, this defense implies that LGBTQ+ lives are worth less than others.
One of the most recognized cases that employed the LGBTQ+ “panic” defense was that of Matthew Shepard. In 1998, Matthew Shepard, a 21-year-old college student, was beaten to death by two men. The men attempted to use the LGBTQ+ “panic” defense to excuse their actions. Despite widespread public protest, the defense is still being used today.
At the Federal level, Senate Bill 1137, a bill to amend title 18, United States Code, to prohibit gay and trans panic defenses has been introduced in Congress on Apr 15, 2021. This bill is in the first stage of the legislative process. It will typically be considered by in this case the Senate Judiciary Committee next before it is possibly sent on to the House or Senate as a whole. The legislation is sponsored by Senator Edward “Ed” Markey, (D- MA).
Republican Gov. Phil Scott signed into law Wednesday a ban on using the LGBTQ “panic” defense in court cases. Vermont is the 14th state to enact the ban. https://t.co/wfu6680R9c
— VTDigger (@vtdigger) May 5, 2021
