![]() What is the difference between the “gay/trans panic” defense and the “LGBTQ+ panic” defense? Despite widespread public protest, the defense is still being used today. The men attempted to use the LGBTQ+ “panic” defense to excuse their actions. In 1998, Matthew Shepard, a 21-year-old college student, was beaten to death by two men. ![]() One of the most recognized cases that employed the LGBTQ+ “panic” defense was that of Matthew Shepard. By fully or partially acquitting the perpetrators of crimes against LGBTQ+ victims, this defense implies that LGBTQ+ lives are worth less than others. When a perpetrator uses an LGBTQ+ “panic” defense, they are claiming that a victim’s sexual orientation or gender identity not only explains-but excuses-a loss of self-control and the subsequent assault. It is not a free-standing defense to criminal liability, but rather a legal tactic used to bolster other defenses. The LGBTQ+ “panic” defense strategy is a legal strategy that asks a jury to find that a victim’s sexual orientation or gender identity/expression is to blame for a defendant’s violent reaction, including murder.
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