BUFFALO (WBEN - Brendan Keany) - On Monday afternoon, local state assemblymembers Monica Wallace, Pat Burke, Karen McMahon and Sean Ryan made an official call for the elimination of the 'gay panic defense.'
Local state assemblymembers are holding a press conference at the Pride Center of WNY to call for the elimination of a victim's sexual orientation, sex or gender identity as a defense in murder cases - also known as the 'gay panic defense.' @NewsRadio930 pic.twitter.com/Hob5YHvBRM
— Brendan Keany (@BrendanKeany) June 10, 2019
"This legal defense has been used by defendants on trial for murder to argue that their actions should be excused because their violent act was triggered by a sexual advance by the victim or the discovery of the victim's sexual orientation or gender identity," said McMahon.
The American Bar Association has already called for a ban of the gay panic defense, according to Wallace, and several states have followed suit.
"We are here today to again stand in unity with our friends and neighbors in the LGBTQ community to call for a ban of the 'gay panic defense,'" said Wallace.
The assemblymembers are calling on New York become the latest to do so. A bill has been passed in the State Senate, and it's currently in the assembly. The bill would bar defendants from using this defense for seeking lower sentences in these cases. Wallace says that Governor Cuomo has been calling for it as well.
"We are here today to send a message - a message of unity and togetherness, and to let everyone in our community understand that this is a priority for our delegation," said Burke. "The very notion that someone uses panic defense to harm or even murder to our brothers and sisters in the LGBTQ community is insane to me."
Ryan echoed the sentiments of his colleagues, and he provided an illustration to show why he believes change is needed in this regard.
"I always think that if something works philosophically, you have to be able to flip it both ways, so there's no such thing as a straight panic," began Ryan. "If you're and someone makes an advance on you or hits on you, you're not allowed to beat that person to death, and we pretty much said that's not allowed...so, you have to flip it. Why in the world would we say in society, that if a gay person makes an advance on you, you're allowed to murder them? The basis of that defense is only based on hate."
