We cannot maintain this unjust status quo! How successful is the LGBTQ+ “panic” defense? Research shows that 1 out of 5 lesbian, gay, and bisexual people living in the United States will experience a hate crime in their lifetime, and more than 1 out of 4 transgender people will.These hate crimes made up a combined 18.8 percent of motivation in single-bias hate crime incidents. In 2019, there were 1,656 recorded hate crimes against people for their sexual orientation and gender identity.Hate crime statistics from the FBI show, however, that LGBTQ+ people are disproportionately targeted:.In the United States, the estimated adult LGBTQ+ community makes up 5.6 percent, an estimated 18.4 million people.As we have seen in 2019, there has been an increase of transgender women of color being victims of hate crimes. Considering intersectionality, particular individuals have higher likelihoods of being victims of hate crimes. The defense is rooted in homophobia and transphobia. The LGBTQ+ “panic” defense frequently draws on stigmas particular to LGBTQ+ people, their sexualities, and their genders to justify horrific violence against LGBTQ+ individuals. Why is this an LGBTQ+ issue? Aren’t “panic” defenses used against all minority groups? In addition, LGBTQ+ “panic” is often employed to justify violence when the victim’s behavior falls short of the serious bodily harm standard, or the defendant used a greater amount of force than reasonably necessary to avoid danger, such as using weapons when their attacker was unarmed. This defense is offensive and harmful because it argues that a person’s gender or sexual identity makes them more of a threat to safety.
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.