We’ll Have A Gay Ol’ Time…

Posted: June 8, 2011 in Dummy Spits, Politics

Winemakers Choice

When I was living in the UK for a few years a while back, I was told of a strange loophole in their murder laws. Apparently this loophole allows a person to shoot somebody from across the river that borders England and Wales at a certain time of day, and get off scot-free, get away with murder.

This loophole dates back hundreds of years apparently, and nobody has ever bothered to close it down. Why should they I suppose, no nutter has actually tried doing it.

In Australia, we are far more civilised than that, we wouldn’t let some stupid loophole exist so that someone could get away with murder, would we? I would have thought not, but it seems I was wrong.

Way, way back in the days when the earth was flat, dinosaurs roamed the land, and people were of the opinion that being homosexual was almost a hanging offence, it seemed we had in place one of these odd loopholes in Queensland.

That loophole is known as the “Homosexual Advance Defence”.

What this means is that if you were to murder somebody who is the same sex as you, all you have to do is say that the person you murdered made a non violent homosexual advance towards you, and your charge can be downgraded to manslaughter, cutting a huge amount of jail time from your sentence.

But, really, who doesn’t fly into a murderous rage they can’t control at the thought of an unwanted gay or lesbian advance? Actually, I don’t know anybody who does.

I’m guessing what this law is trying to say, is that it may be best if an unwanted homosexual advance is made towards you, for you to just say “no thanks, I’m straight”. However if you’d rather pick up a lump of wood and beat the persons brains out, then that’s OK, the legal system understands that as well.

However, the Gay community seem to be taking this all the wrong way. This should not be seen as a bad thing, think of it as a blessing. You are now free to murder your lovers, partners, and your gay friends and you have a ready defence, brilliant. You people have it so damned good. Us straights are always getting discriminated against.

The US serial killer Jeffrey Dahmer, who murdered 17 men and boys would have loved this loophole. He met most of his victims in gay bars, and clubs. When they made advances towards him, he would take them home and murder them, or drill holes in their head and put acid in their brain in an attempt at a home lobotomy, leaving them as a zombie for a while, then murdering them when they became a nuisance.

If poor old Jeffrey had lived in Queensland, and had a decent lawyer, he wouldn’t have been killed in a US prison where he was due to spend his remaining days. More than likely he would have been flipping burgers at your local milk bar now, and cruising the Brisbane bars at night, after serving a couple of years for manslaughter.

“Who cares?” you may well say, “nobody would ever get away with using that defence”, you probably think… Wrong. This defence has recently been used in Queensland without question.

On July 3 2008, Wayne Kajula was beaten to death, in the yard beside the local Catholic Church in Maryborough Qld. The two men, Jason Pearce, and Richard Meerdink, who beat him to death, claimed he had made sexual advances towards Meerdink, and the resulting murderous rampage brought on by this advance, understandably it seems, caused them to beat him up severely, and leave him to bleed to death.

So understandable it would be, Meerdink thought, that he tried to use this ridiculous defense to have his sentence reduced.

It seems odd that in this day and age, that such a prehistoric loophole remains. Whether there is a non violent sexual advance or not, there is no excuse for murder in my humble opinion.

Having this loophole sends a message that homophobia is both justified, and acceptable. It also promotes the idea that homosexuals should be treated differently under the law. This is, in legal terms, utter crap.

Well, you might think that’s what we come to expect from the state of banana benders. Bob Katter thinks there’s no gay people up there to worry about at any rate. However, we have the same loophole here in New South Wales, I’m not sure where it stands in the other states.

I am sure that this is an oversight on someone’s behalf, and in no way reflects the opinions of most politicians and people in the legal system. As I think most would agree those sort of prejudices are from way back in the dark ages, where they didn’t even belong then.

So, if that is the case, and I’m moving if it isn’t, then lets fix it. Let’s get cracking before some other murdering bastards use this as an excuse to get off lightly.

If you want to know what you can do to help, contact your local state MP and voice your concern. If you live in Queensland, never fear, the Labor Party are onto it, Brisbane MP Grace Grace has a petition going before parliament that you can fill out at this link: http://bit.ly/kcXoju

Please take the time to fill this out if you are from Queensland.

Let’s hope we end up with a legal system that does not discriminate.

Next stop same sex marriage.

I also wanted to add, I was encouraged to write on this matter by an online friend from Qld named Alan Berman, please take the time to also read an article he wrote for The Brisbane Times in April via this link. http://bit.ly/gw5Dum

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  1. Ross Sharp says:

    Thanks. Petition signed.

  2. JThereseBass says:

    I live in Vic. so I’ll write to my local MP. Just yesterday received mailing from state government asking for any concerns or comments so I’ll add this to my list. One hopes it IS just one of those weird anomalies that have been overlooked in time, but, regardless, it’s time to fix it NOW.

    For the record: I have 2 sons aged 22 and 25, both straight. Both have worked security in gay clubs and both have been ‘hit on’ many times by patrons. Each time, they have reported these incidents to me very proudly. As far as they’re concerned it means they’re especially good looking. They’re actually more flattered than when girls approach them. Not sure why. Perhaps they see gay men as being more discerning than young women. Whatever, it’s a pity more men don’t see it that way

    • wixxy says:

      Thanks for your feedback, and for getting in touch with your MP.

      I’m glad to hear your sons have a sense of humor about these things and are willing to accept those that are different to them, I wish there were more like them. Clearly you have done a great job bringing them up.


  3. Joanne says:

    Thanks for bringing attention to something like this.

    Two things, though.

    You say that the defence was used “successfully” in recent times, then describe a case where you say the defence “tried to use this ridiculous defense”, which to me suggests they tried, but were unsuccessful. Can you help to confirm/clarify?

    The second point is about best blogging best practice – I notice you used the “URL shortening” service bit.ly to create your links. The effect of this is that it also *conceals* the URL of the source. Many people prefer to be able to hover their mouse over a link and read its destination URL in the browser’s status bar, so they know where the link is taking them and can make an informed decision about whether they want to follow the link. Using bit.ly prevents this. I understand its necessity in something like Twitter updates, due to the character limit there, but it’s kind of the opposite of helpful otherwise.

  4. wixxy says:

    Thanks Joanne,

    I used the word successfully meaning that it was considered a legitimate defense at the time, although the defence wasn’t sucessful, my issue is that it was able to be used at all.
    Your query made me wonder, so I have changed the wording slightly now. Thanks

    The link I used a shortener as it was quite a long url, I will heed your advice in the future.


  5. […] We’ll Have A Gay Ol’ Time… (wixxy.wordpress.com) […]

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