California has become the first state in the US to ban the Panic Defense used (successfully by some) to justify assaulting or killing LGBT people.

Governor Jerry Brown signed into law a bill which eliminates the excuse that a person was ‘panicked’ into committing a killing or assaulting a gay or trans person during a sudden quarrel or in the heat of passion.

Some defendants have succeeded in having homicide or manslaughter charges reduced by saying their violent act was triggered by victim’s sexual orientation or gender identity.

‘The “panic defense” is a homophobic and transphobic ploy that blames the victims of horrific acts of violence for the crimes committed against them,’ Equality California Executive Director Rick Zbur said in a statement Monday (29 September).

‘It has no place in California’s legal system, and we applaud Gov. Brown for signing this groundbreaking, first-in-the-nation legislation,’ Zbur added.

The law bans the excuse that ‘the victim made an unwanted non-forcible romantic or sexual advance towards the defendant’ or ]the defendant and victim dated or had a romantic or sexual relationship.’

I’m rather surprised the Panic Defense hasn’t been banned in more states.  It really is victim blaming to claim that people panic upon encountering lesbian, gay, bisexual, or transgender people.  The defense plays upon homophobia and transphobia by implying that there is something inherent to LGBT people that is frightening or scary.  Oddly enough, people who invoke this defense appear ignorant of the millions of heterosexual Americans who interact with LGBT people every day and aren’t scared or fearful.