Do you think "homosexual panic" can be used as an legal argument to influence the outcome of a trial in any way?
Asked by
airowDee (
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)
November 17th, 2009
From the source
http://www.365gay.com/news/murder-suspect-thought-puerto-rico-gay-teen-was-a-woman/
A few days ago, there was a Puerto Rico murder and decapitation of gay teenager Jorge Steven Lopez Mercado. The suspect is charged today, his name isJuan antonio Martinez Matos, 26 years old and father of four.
Martinez Matos was “looking for women” in a red light district last Friday. He had already been turned down several times, but Lopez Mercado, wearing a blue dress and boots, agreed to get in his car.
District Attorney Jose J. Bermudez says that in his confession, Martinez Matos said that he thought Lopez Mercado was a woman. The victim asked him for money and when he refused, Lopez Mercado pulled out a knife. When Martinez Matos realized that the teenager was actually male, he had a flashback to when he was raped in prison while he was serving a sentence for domestic violence. He then attacked Lopez Mercado, separating his arms from his torso.
Rivera says the police told media outlets that the suspect will likely use a “homosexual panic” defense, arguing for a plea of temporary insanity
Do you think the fact that he was surprised the victim was a male should have any influence in the final outcome of the sentencing, degree of murders, or verdict ?
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That’s a major stretch in logic.
Puerto Rico however is not part of the USA and I wouldn’t imagine US legal precedents apply.
I don’t think it could be used as a legal argument in the US, but Puerto Rico is different in its acceptance, apparently.
Using the phrase/term “homosexual panic” as a defense is a little laughable… especially since the killer didn’t just freak out and stab someone once… he ripped their arms off and decapitated them??
@Blondesjon Is that Andy Kaufman?! XD Nice.
@The_Compassionate_Heretic Yup. Love the flight of the conchords… bloody stupendous.
I agree with all the above. It’s a pretty ridiculous sounding defense. It kinda just sounds like a hate crime to me. Just saying.
What would he have done if he was a she? Rape her?
“Temporary insanity” is the biggest cop out in the book. Just another way for people to avoid taking responsibility for their actions.
Just FYI, “gay panic” has been used as a legal defense in the US. A few times in pretty high-profile cases, so I’m sure it’s happened in a lot of smaller ones, as well.
Clearly he must be insane to have done this, but not only was someone killed, the victim was dismembered. It takes a lot of rage to commit a crime like that. I don’t think that anything temporary would have sustained him through doing what he did. There must have been some underlying feeling of hatred/revulsion that drove his actions, whether or not they also had to do with a flashback to a previous trauma. In conclusion, it’s complete bullshittery.
it will be a hate crime if they try that defense, it will inflame the jury, he will get life.
i don’t know if it can, but it sure as hell shouldn’t.
that’s like saying “well i didn’t know she was spanish, but once i heard her accent i freaked and killed her! sorryyyy!”. fuck these stupid excuses and loopholes around hate crimes.
Is racism a legitimate defence? “OH! I turned the lights on and figured out she was black so I ripped her arms off and killed her.”
Is religious intolerance a legitimate defense? “Oh, yeah, after the sex, when he told me he was Mormon, I just freaked out and stabbed him to death!”
“Gay panic”? More like “hate crime.”
Last time I checked, Puerto Rico was a US Territory…There is a US Federal Court there…
The “gay panic” defense has indeed been used in the US and, as Pandora clearly indicated, Puerto Rico is a US territory. The cases of Scott Amedure (Jenny Jones) and Matthew Shepherd both involved the “gay panic” defense. It is right up there with the “Twinkie defense” wherein the use of highly sugared foods was the reason for murdering a gay person . . . (Harvey Milk).
‘Panic’ always indicates quickness to me. I t must have taken ahile for all that damage.
“Homosexual Panic” was used as a defense in the Matthew Shepard trial. It wasn’t successful, but the fact that the judge allowed it shows that it may be a reasonable claim in certain situation.
My opinion is that there should be a very limited scope of areas where this defense should be used. The burden must be on the defendant to show that they had reason to believe they were in danger of losing life, that they were unable to remove themselves from the situation, and that their response was directed at stopping the attack rather than a retaliation. I don’t think most cases where the “homosexual panic” defense is used meets my requirements
Panic indicates fear or anxiety, which means you get yourself out of danger asap. You do not need to go to such horrific lengths to render someone incapable of harming you and/or ensure your safety.
Another FYI, since the “Twinkie defense” came up… Diminished capacity was Dan White’s defense. The drastic changes in his diet were presented as a symptom, not a cause. Which still isn’t an excuse. I’m not sticking up for him. I’m just sharing facts.
@MacBean Too True on the Twinkie Defense! Thanks
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