Panic Button
Participant homophobia was found to be the driving force behind their willingness to accept the gay panic defense as legitimate. Higher levels of homophobia and religious fundamentalism were found to predict more leniency in verdict decisions when the gay panic defense was presented. This study furthers the understanding of decision making in cases involving the gay panic defense and highlights the need for more research to be conducted to help understand and combat LGBT (lesbian, gay, bisexual, and transgender) prejudice in the courtroom.There is, of course, no "straight panic" defense that attorneys generally deploy when seeking to defend people against charges of violence. Because one suspects that it would be open season on stalkers, jackasses and abusers if juries could be counted on to decide that women being targeted, being bothered "over and over and over again" and having unwanted sexual advances made to them justified killing their tormentors.
When Is "Gay Panic" Accepted? Exploring Juror Characteristics and Case Type as Predictors of a Successful Gay Panic Defense
But given the fact that homophobia and religious fundamentalism are positive predictors of leniency in such cases, it's not surprising... In such circles, the crime is treating a man as one would a woman, rather than a lack of respect for other people as a whole. I would guess that women have to find it extremely frustrating, understanding that there are people who feel that the sort of behavior that many of them put up with on a regular basis justifies violence based on sexual orientation, and that lawyers are willing to play on that in order to help their clients; and that with the right juries, it works. If straight men have a right to expect gay men to take "no" for an answer, why don't women have a right to expect the same from gay men?
The "obvious" answer is that sexually-aggressive straight men are a norm, and sometimes, an expectation. A perhaps less-obvious answer is the overall fragility of many standards of masculinity. If men are so tough, and so able to withstand hardship, why are they given a pass in this way? Simply because having a gay man come on to them risks their self-image as men?
But I guess it's easy for me to say... I'm not staring down the barrel of life in prison because someone threatened my sense of myself as a man, and I responded with lethal violence. Were never setting foot outside of a prison again a real possibility, maybe I'd be all in favor of my lawyers looking to use the jury's deep-seated prejudices in my favor. I like to think that I'd be adult enough to own up to what I'd done, though.
Not that I can see myself doing it. And I guess that's the paradox that rubs at me. I'm not "man enough" to want to kill someone for making an unwanted pass at me, and that's what allows me to be "man enough" to not want to use unjustified prejudices to bail me out. Maybe that's not the correct framing of the issue at hand. Maybe linking those two things, expecting that a masculinity that permits the use of violence over relative trivialities should also demand taking ownership of one's actions (or loss of self-control) is simply playing into a different set of prejudices; one that's just as limiting and unjustified?
Masculinity is a box, one that many segments of American society have decreed that men shall not leave. I don't find it terribly stifling, because I'm not really at all motivated to move any farther from the center of the box than I already am. But I'm also not in a place in that box that compels me to need to defend the actions I take (or don't take) to maintain that place. My tendency towards crankiness prevents me from having much sympathy for those who do, and maybe that makes me part of the problem, as well.