Gov. Phil Scott signed a bill into law on Wednesday banning the so-called “panic” defense, in which defendants claim the discovery of their victims’ sexual orientation or gender identity made them panic and react violently.
Scott said in comments recorded on YouTube that the bill “sent a message to Vermonters, that your identity should never be an excuse for someone to cause you harm.”
“What this bill does is make sure a victim’s sexual orientation or gender identity can’t be used to defend or justify a criminal act, or to lower a sentence,” he said.
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The main sponsors of the bill were Rep. Mari Cordes, D-Lincoln, and Rep. Taylor Small, P/D-Winooski. Small is the first openly transgender person to serve in the Vermont Legislature.
‘Panic’ defense has been used successfully
Across the country, juries have acquitted dozens of murderers of their crimes through a defense team’s use of the “panic” defense, according to The National LGBT Bar Association.
One of the most recognized cases, the LGBT Bar says on its website, is that of Matthew Shepard. a 21-year-old college student in Wyoming who was beaten to death by two men in 1998. The men attempted to use the LGBTQ+ “panic” defense to excuse their actions, and the defense is still being used today, despite public protest, according to the LGBT Bar.
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Vermont bill leaves no room for excuses
The bill Scott signed into law on Wednesday makes it clear that a defendant’s discovery of the victim’s “actual or perceived” sexual orientation or gender identity does not justify the defendant’s use of force against the victim.
That includes “circumstances in which the victim made a nonforcible, noncriminal romantic or sexual advance toward the defendant.”
Bill was long time coming
Scott thanked Small and other co-sponsors of the bill, and acknowledged that the LGBTQIA Alliance of Vermont and the Pride Center of Vermont have been advocating “for change and equality for years.”
“While this effort is a step in the right direction, we know there is still more work to do to ensure all Vermonters, regardless of identify, feel safe and protected in our state,” Scott concluded.
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The other states, in addition to the District of Columbia, which have banned the “panic” defense in LGBTQ+ cases are:
- California
- Illinois
- Rhode Island
- Nevada
- Connecticut
- Maine
- Hawaii
- New York
- New Jersey
- Washington
- Colorado
- Virginia
The LGBT Bar reports that legislation is pending federally as well as in multiple states.
Contact Dan D’Ambrosio at 660-1841 or ddambrosio@freepressmedia.com. Follow him on Twitter @DanDambrosioVT. This coverage is only possible with support from our readers.
