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SA's 'gay panic defence' must go: Greens

South Australia must prevent accused murderers from using unwanted sexual advance as a partial defence, the Greens say.

Greens MP Tammy Franks
SA has been urged to follow Queensland's lead to remove the "gay panic defence" for murder. (AAP)

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Source: AAP


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South Australia has been urged to follow Queensland's lead to remove the "gay panic defence" for murder.

State Greens MP Tammy Franks has introduced a private members' bill to get rid of the provision, which allows accused murderers to use unwanted sexual advance as a partial defence.

"It's disappointing that the first state in the nation to decriminalise homosexuality will be the last state to abolish the gay panic defence," SA Greens senator Robert Simms said on Thursday.

"The SA government needs to stop lagging on this and back the Greens bill to abolish this law."

Under local laws, if the defence is accepted it can result in a murder conviction being reduced to manslaughter.

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But the defence only applies if a man has killed another man.

It doesn't apply if a man makes a non-violent sexual advance towards a woman or if a woman makes a non-violent sexual advance towards a man or a woman.

Similar laws have been scrapped in all other states except Queensland where the government has announced it will move to also dump such provisions.

The defence played a role in the High Court last year, quashing the murder conviction of an SA man and ordering a retrial.

A legislative review committee which is assessing the legislation is likely to make its findings within weeks.


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