Legal Policies in Conflict: The Gay Panic Defense and Hate Crime Legislation

ABSTRACT Gay panic refers to a situation in which a heterosexual individual loses control and commits a violent crime against a gay individual when faced with unwanted sexual advances. In court, it is argued the defendant was provoked, defending himself from possible gay rape, or even became temporarily unable to distinguish right from wrong. Despite use in many trials across the country, with varying degrees of success, the conceptualization has little merit based upon its psychological roots. Rather, the strategy appears to rely primarily upon antigay stereotypes. Counteracting gay victimization is the emergence of hate crime laws, enhancing punishments for offenders who unfairly target this group of individuals. However, the use of the gay panic defense appears to be juxtaposed to hate crimes, advocating for less severe punishments of those perpetuating crimes against gay individuals. Legal implications, possible trial strategy, and future research and legislative proposals are offered for cases involving gay panic when considering hate crime research.