Delaware becomes 17th state to ban "LGBTQ+ panic" defense in court of law

Delaware became the 17th state to pass a ban on the “LGBTQ+ panic” defense in a court of law, a move that sets out to protect LGBTQ+ residents from becoming victims of violence.

The House bill was signed by Gov. John Carney on Sept. 24 after around four months of debate within the House and Senate. The bill states that in a court of law, a defendant cannot justify using force against a victim based on the discovery of the victim’s sexual orientation, sex, gender identity, gender or sex assigned at birth.

Historically, the “LGBTQ+ panic” defense has been used to strengthen a defense, usually in conjunction with a self-defense or insanity argument, by attempting to explain the reasonings behind a defendant’s actions.

While the legal strategy has sparsely been used in Delaware, the defense is often used in the case where a heterosexual individual assaults or murders an LGBTQ+ individual after sexual relations or advances, under the guise that the victim’s status as LGBTQ+ was unknown.

The law also states that defendants cannot claim mental illness or defect in relation to the “panic” displayed during a crime. The defense has usually not been successful in acquitting a defendant of crimes but has been used to reduce sentences or charges in the past.

Introduced by Rep. Eric Morrison, a Glasgow Democrat, in May, the bill passed in the House and unanimously in the Senate in June.

Contact Molly McVety at mmcvety@delawareonline.com. Follow her on Twitter @mollymcvety.

This article originally appeared on Delaware News Journal: Delaware becomes the 17th state to ban "LGBTQ+ panic" defense