The Trans Panic Defense
Dr. Jillian T. Weiss posted her legal analysis of the trans panic defense at The Bilerico Project:
The gay panic defense, and its cousin, the transgender panic defense, have been criticized by many, and yet it still survives to rear its ugly head again and again. Cases in which these defenses are raised become high profile, with prominent examples such as the murders of Matthew Shepard, Brandon Teena, and Gwen Araujo. In fact, there have been a couple of legal conferences on the issue of gay panic and trans panic defenses in the past several years, in which prosecutors have sought to learn how to defeat it.
This issue is now front and center again in the Angie Zapata murder case:
“Only when Andrade grabbed at Zapata’s crotch did he discover the truth. But when she smiled at him and said, “I’m all woman,” it drove an enraged Andrade to commit murder, attorney Annette Kundelius said. “At best, this is a case about passion,” Kundelius said. “When (Zapata) smiled at him, this was a highly provoking act, and it would cause someone to have an aggressive reaction.”
This is slightly outside my usual area of research – transgender workplace issues. I’m not an experienced criminal attorney, though I’ve done some criminal work in the past. And yet, the two areas are related, in that prejudice against transgender identity is the crux of the problem in both employment law and in this criminal law situation.
In addition, as a transgender woman, I have been in private situations with men where it would have been very, very easy for me to wind up as a victim. I have had the thought on more than one occasion: Am I about to die? (Fortunately, I’m now married to a wonderful woman and we’re together forever.) So when Bil asked me for my take on the issue, I was intrigued into writing. The question I want to address is whether the Colorado judge in this case can and should ban such an argument from the trial.
Read the rest of the post at the above link.
[...] trans panic defence – a legal analysis September 24, 2008 Via Lisa, I see that Dr. Jillian T. Weiss has posted a legal analysis of the trans panic defense at The [...]
The trans panic defence - a legal analysis « bird of paradox
24 Sep 08 at 5:09 am
When (Zapata) smiled at him, this was a highly provoking act, and it would cause someone to have an aggressive reaction.
I can only conclude that when a trans woman of color smiles at a cis person, it’s an act of war.
GallingGalla
24 Sep 08 at 9:16 am
The question I want to address is whether the Colorado judge in this case can and should ban such an argument from the trial.
Yes it should be banned. A person is never justified to committ a murder because they have a prejudice. Killing someone because they are trans is a hate crime plain and simple. It is no different that killing someone because they are black. Allowing this kind of defense says that trans bodies are worth less. It further supports cis privilege is at complete odds with the idea of a fair and just society.
Renee
24 Sep 08 at 11:36 pm
Yeah, that was ultimately her conclusion.
This is one of the most absurd instances of trans panic I’ve ever seen.
Lisa Harney
24 Sep 08 at 11:44 pm
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