Killers Escape Murder Conviction With Gay Panic Defense
Posted: 21st Oct 2009 Author: Michelle Penny Topics: News
Two men who beat a gay man to death in Maryborough, Australia have managed to successfully escape being convicted of murder by using a “gay panic defence.”
The two attackers, Jason Pearce, 38, and Richard Meerdink, 40, had been drinking cask wine together, in the grounds of St Mary’s Catholic Church, on the night of the murder (3rd July 2008), when they say Ruks made sexual advances towards Pearce.
Using this as the centre of their defence, Meerdink argued he was merely trying to help his friend defend himself from these advances. And sadly the Maryborough Supreme Court jury agreed, with the charges dropped from murder to manslaughter.
However whilst the jury may have been in agreement, gay activists and community members are not definitely not, with the local Roman Catholic parish priest, Father Paul Kelly of Maryborough, saying the ruling created an excuse that could easily incite more hate crimes.
John Frame, the well respected gay activist, was also quick to criticise, arguing if a heterosexual woman had killed a heterosexual man for making a sexual advance, the sentencing would be very different.
Dr Shirleene Robinson, editor of Homophobia: An Australian History, perhaps put it’s best though, highlighting how the premise that “a homosexual advance is so unacceptable and so abhorrent that it can cause someone to go temporarily insane to the point where they can be excused for murdering someone … For that to be accepted either wholly or partly in 2009 is very disturbing”.
Via Queensland Pride, photo by Seansie.
