‘Gay panic’ law abolished in QLD

Wayne Ruks who was found dead in a Maryborough church ground.

WAYNE Ruks was bashed to death and his killers claimed they did it because he made an unwanted homosexual advance.

So under a ‘gay panic’ law, they had their punishment downgraded. This is a defence that has been used by a number of alleged killers, but Queensland has now axed the law, with campaigners hailing the move a victory for equality.

Queensland’s parliament late Tuesday passed an amendment to the criminal code to remove the so-called “gay panic” defence for accused murderers trying to reduce their charge to the lesser crime of manslaughter.

“Queensland’s criminal code must not be seen to condone violence against the gay community, or indeed any community,” Queensland’s Attorney-General and Minister for Justice Yvette D’Ath said in a statement.

“The passing of this legislation sends an important message that discrimination is not acceptable and that we value the LGBTI (lesbian, gay, bisexual, transsexual, and intersex) community.”

South Australia is now the only state allowing the “gay panic” defence.

In 2008, two men who bashed 45-year-old Ruks in a Queensland church ground were jailed for manslaughter after claiming he had made an unwanted homosexual pass against one of them.

Ruks’ mother, Joyce Kujala, welcomed the change and thanked campaigners, including Catholic priest Paul Kelly, who had pushed for the reforms after her son’s death in his church yard.

“It can’t bring Wayne back but it’s some small justice and it could save a lot of lives in future,” Kujala said.

Kelly, whose change.org petition against the law attracted 290,000 signatures, said he was breathing a sigh of relief that the “homophobic, archaic and outdated law” had been axed.

The change.org petition referred to the killing of Mr Ruks and the downgraded punishment.

“Unbelievably, his killer’s convictions were downgraded to manslaughter, and in the trial the circumstances surrounding the bashing referred to issues that can be described as ‘gay panic’, the petition said.

“It’s disgusting — this law, under the common law interpretation of the partial defence of provocation, is still valid in both Queensland and South Australia. In these two Australian states, if someone who you think is gay makes a pass at you, the sheer panic you could feel is partial justification for murder.

“I’ve made it my mission to see this revolting law abolished — it belongs in the dark ages. I have no words to describe how offensive, harmful and dangerous it is that two of our governments uphold that a person can be panicked enough by gay people to justify murder.”

http://www.news.com.au/national/queensland/courts-law/campaigners-celebrate-as-queensland-abolishes-gay-panic-law/news-story/0134659ad3e551b43b04ad117a664332