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by norea-armozel 3241 days ago
I think this whole claiming that being a victim as a self-fulfilling prophecy is flawed. It's hard to say a trans woman who's been murdered or raped had it coming. Or to say that an effeminate gay man is responsible for the actions of those who assaulted him.

I know that might not be what you mean but that is what violent perpetrators will use when it comes to court. They'll argue they panicked or that they felt an overriding urge to murder as if they went insane. This has been the common defense tactic used in criminal cases under the gay/trans panic defense. I don't know of a case where it's been entirely successful but it has mitigated sentences. So I think I'd rather have to deal with people perceiving themselves as victims but are not truly such than deal with mountains of corpses of true victims of our inherently violent cultures.

2 comments

Seems that rational action to that defense tactic is to not allow it. Given the usually high bar for insanity pleads, the gay/trans panic defense is lowest form I have ever heard.

There were recently a case here in Sweden where a psychiatric patient had gone out of his meds, tried to get himself committed but got denied because there were no beds available, and then decided to commit suicide and brought his new born baby to a ledge. He throw the baby over, but then backed out on committing suicide himself and got charge with attempted murder (the baby survived). The court decided that while the episode was part of a psychiatric breakdown, it was not enough for a insanity plead.

If a person with no psychiatric problems can claim insanity when assaulting a gay or trans person, then thats seems like a extremely poor excuse.

>I don't know of a case where it's been entirely successful but it has mitigated sentences.

If true this is remarkable...disturbingly so. Can you cite some cases where this has happened?

Wikipedia has some cases where the defense was used, but it's hard to ascribed the cases where there was a conviction on a lesser charge (or sentencing decisions) specifically to the use of the defense.

https://en.m.wikipedia.org/wiki/Gay_panic_defense