South Australia has become the last state in the Commonwealth to abolish the so-called “gay panic” provocation defence for murder charges.
The defence could previously be used in a bid to downgrade a murder charge to one of manslaughter when a defendant could prove that they were provoked by homosexual advances.
The defence has now been abolished following legislation that passed State Parliament on Tuesday.
SA’s Attorney-General Vickie Chapman told Parliament that the abolition of the defence, which passed with bipartisan support, would help remove discrimination and biases in our courts.
“The defence has been criticised for being complex, gender-biased and for encouraging victim-blaming,” Ms Chapman told Parliament.
Researchers into the defence have noted that it has only been invoked four times in the past decade.
South Australia was the last Australian state with the outdated law after Queensland closed what was described as a “legal loophole” in 2017.