Several Australian states and territories have either abolished the umbrella defence of provocation entirely or excluded non-violent homosexual advances from its ambit. Of the status of the HAD in Australia, Kent Blore wrote: Īlthough the homosexual advance defence cannot be found anywhere in legislation, its entrenchment in case law gives it the force of law. In Australia, it is known as the "homosexual advance defence" (HAD). Whereas homosexual panic disorder was at one point considered a diagnosable medical condition, the HPD implies only a temporary loss of self-control. Homosexual panic as a mental health disorder is distinct from the homosexual panic defense (HPD) (also known as "gay panic defense") within the legal system. Rather, Kempf stated that it was caused by the individual's own "aroused homosexual cravings". Unlike the legal defense created later and named after it, the onset of the condition was not attributed to unwanted homosexual advances. The disorder was briefly included in DSM-1 as a supplementary term in Appendix C but did not appear in any subsequent editions of DSM and thus is not considered a diagnosable condition by the American Psychiatric Association. Kempf identified the condition during and after World War I at St. Kempf coined the term homosexual panic for the condition, and classified it as an acute pernicious dissociative disorder, meaning that it involved a disruption in typical perception and memory functions. Kempf coined the term " Homosexual panic" in 1920 and identified it as a condition of "panic due to the pressure of uncontrollable perverse sexual cravings". īroadly, the defenses may be called the "gay and trans panic defense" or the "LGBTQ+ panic defense". The trans panic defense is a closely related legal strategy applied in cases of assault, manslaughter, or murder of a transgender individual with whom the assailant(s) had engaged in or was close to engaging in sexual relations with and claim to have been unaware that the victim was transgender, producing in the attacker an alleged trans panic reaction, often a manifestation of homophobia and transphobia. A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating. The gay panic defense or homosexual advance defence is a legal strategy in which a defendant claims to have acted in a state of violent, temporary insanity, committing assault or murder, because of unwanted same-sex sexual advances, typically from men.