100 signatures reached
To: Utah Legislature
Ban the LGBTQ+ “Panic” Defense in Utah
Ban the LGBTQ+ “panic” defense (or gay/trans “panic” defense) in Utah
Why is this important?
Have you heard of the LGTBQ+ “panic” defense, more commonly called the gay “panic” defense?
The LGBTQ+ “panic” defense is a legal defense strategy that puts the blame of a violent act on the sexual orientation or gender identity of the victim. When a criminal uses this defense they are stating that the sexual orientation or gender identity of the victim explains and excuses their loss of self control and the violent acts that followed, including murder.
This legal strategy is usually used to claim one or more of three defenses:
Insanity, stating the victim’s orientation or identity caused the defendant to have a nervous breakdown and lash out violently
Provocation, stating that the victim made some kind of non-violent sexual advance which provoked a violent response from the defendant
Self-defense, stating that the defendant felt physically threatened because of the victim’s orientation or identity
This defense strategy is rooted in homophobia and transphobia and when it is allowed in court it sends a message that the lives of LGBTQ+ people are worth less than other lives.
The FBI reported that about 1,736 people were victims of hate crimes in 2019 because of their sexual orientation, gender, or gender identity. The LGBTQ+ “panic” defense was used as recently as 2018 in Texas to mitigate a murder charge.
12 other states have banned this defense from being allowed in court.
This defense strategy has been used in Utah. One example is George Moriarty.
Moriarty was drinking with Gary Horning and Leon Dyer when they went on a drive up Ogden Canyon. What happened between the men is still unknown. What is known is that Moriarty was beaten in the car and then shoved down a 140ft embankment. He survived and climbed back up to the road where Horning and Dyer then hit him with the car they were driving. Moriarty was found dead the next day.
Dyer and Horning used the gay “panic” defense and were convicted of manslaughter and sentenced to up to only 10 years in prison.
There is a much longer list of sexual orientation and gender identity-based hate crimes in Utah. To protect the LGBTQ+ community from having crimes against them tried differently in court because of their orientation or identity, we need to ban the use of the LGBTQ+ “panic” defense in Utah.
Sign this petition to be sent to the Utah State House and Senate to ban this from ever happening again in Utah courts.
Sources:
https://lgbtbar.org/programs/advocacy/gay-trans-panic-defense/
https://ucr.fbi.gov/hate-crime/2019/resource-pages/hate-crime-summary
https://www.qsaltlake.com/news/2012/10/01/a-history-of-hate-crimes-in-utah/
The LGBTQ+ “panic” defense is a legal defense strategy that puts the blame of a violent act on the sexual orientation or gender identity of the victim. When a criminal uses this defense they are stating that the sexual orientation or gender identity of the victim explains and excuses their loss of self control and the violent acts that followed, including murder.
This legal strategy is usually used to claim one or more of three defenses:
Insanity, stating the victim’s orientation or identity caused the defendant to have a nervous breakdown and lash out violently
Provocation, stating that the victim made some kind of non-violent sexual advance which provoked a violent response from the defendant
Self-defense, stating that the defendant felt physically threatened because of the victim’s orientation or identity
This defense strategy is rooted in homophobia and transphobia and when it is allowed in court it sends a message that the lives of LGBTQ+ people are worth less than other lives.
The FBI reported that about 1,736 people were victims of hate crimes in 2019 because of their sexual orientation, gender, or gender identity. The LGBTQ+ “panic” defense was used as recently as 2018 in Texas to mitigate a murder charge.
12 other states have banned this defense from being allowed in court.
This defense strategy has been used in Utah. One example is George Moriarty.
Moriarty was drinking with Gary Horning and Leon Dyer when they went on a drive up Ogden Canyon. What happened between the men is still unknown. What is known is that Moriarty was beaten in the car and then shoved down a 140ft embankment. He survived and climbed back up to the road where Horning and Dyer then hit him with the car they were driving. Moriarty was found dead the next day.
Dyer and Horning used the gay “panic” defense and were convicted of manslaughter and sentenced to up to only 10 years in prison.
There is a much longer list of sexual orientation and gender identity-based hate crimes in Utah. To protect the LGBTQ+ community from having crimes against them tried differently in court because of their orientation or identity, we need to ban the use of the LGBTQ+ “panic” defense in Utah.
Sign this petition to be sent to the Utah State House and Senate to ban this from ever happening again in Utah courts.
Sources:
https://lgbtbar.org/programs/advocacy/gay-trans-panic-defense/
https://ucr.fbi.gov/hate-crime/2019/resource-pages/hate-crime-summary
https://www.qsaltlake.com/news/2012/10/01/a-history-of-hate-crimes-in-utah/