yourlinesbecomeroutine:

If you are a homosexual, bisexual, or transgendered person living in Queensland or New South Wales, you may want to start wearing Kevlar vests when you try to pick up someone of the same sex.

Because the government has yet to rectify the “non-violent Homosexual Advance Defence” loophole in murder legislature. Basically, if you make advances upon someone of the same sex, and they don’t like it, the law states that they must be looked upon less harshly if they murder you. All they have to do in court is say, and to a degree, prove that you were trying to pick them up (the law specifically states that they only need be “non-violent advances”) and their murder charge will become manslaughter.

Now, obviously, most people who know about the loophole wouldn’t at all support the idea that same-sex flirting is a reasonable grounds for murdering someone, but that doesn’t change the fact that this archaic law still exists.

There’s a petition online about the issue you can fill out here. And it’s not one of those not-likely-to-make-a-difference-e-petition, like so many that sadly do nothing; the petition was started by Brisbane MP Grace Grace (whose name I love) and should, I hope, have an impact and be key to getting rid of this, frankly terrifying legal loophole.

NB: This issue was brought to my attention by this article, which was linked to me from GetUp!’s Twitter feed.

Um, shit.

To be fair, anyone claiming provocation as a defence for murder definitely has to do far, far more than simply proving you were trying to pick them up - this defence to murder, provocation, is complex and is not as simple as it is presented here.

That said, though, there is still a totally unfair difference in the law between treatment of non-violent heterosexual and non-violent homosexual advances in regards to provocation, and if you wanna read a great legal argument on why the law is bollocks, read Justice Kirby’s dissenting argument on the case Green v The Queen.

The law should undoubtedly be changed, it is certainly unequal, but I kind of hate it when people are rallied around a gross oversimplification of an issue.

/rant

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hoodiemergency reblogged this from deactivated120811c-overstreets
deactivated120811c-overstreets reblogged this from yourlinesbecomeroutine
forever-alejandro reblogged this from yourlinesbecomeroutine
ameliaelizabeth said: …oh my fucking god, no.
mjec reblogged this from lilydreamer and added:

in Queensland. see link. On mobile so can’t reblog properly.
lilydreamer reblogged this from mjec and added:

In the Queensland Criminal Code, provocation is a legislated, partial defence to murder (also some assault charges, but...
lentilbacon liked this
justinbarbour liked this
macgyvers-mistress liked this
leonrw liked this
justcallmemargaret reblogged this from lentilbacon and added:

Well this is fucked up. I urge all QLD residents to sign this petition.
happinessbug reblogged this from frecklyfart and added:

I wish I could sign this petition, but me no live in Queensland. >.
inlieuofwit reblogged this from yourlinesbecomeroutine
cohenchang-fabray reblogged this from theteapartyvip and added:

So now I really don’t like my state.
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macgyvers-mistress reblogged this from lentilbacon and added:

whaaaaaaat? this is ridiculous!
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yourlinesbecomeroutine posted this

lily; wanderer, wonderer, dreamer.

Fun fact for the LGBT community!

- June 18 -