Gay Panic Defense

Gay Panic Defense. Defendants accused of hate crimes against LGBTQ+ persons often attempt to raise the “gay panic defense.”

While raised in various ways, generally, the defendant blames the victim’s sexual orientation, gender expression, or gender identity for causing the defendant’s violent reaction. Some defendants allege a nervous or psychotic break occurred, while others claim their violent actions were due to provocation or self-defense.

More than a dozen states now prohibit defendants’ use of the LGBTQ+ panic defense, including California, Colorado, Connecticut, Hawaii, Illinois, Maine, Nevada, New Jersey, New York, Rhode Island, and Washington.