Provocation and non-violent homosexual advances.

Christie, Sarah

Abstract

Some controversial areas of provocation have been developed to a significant extent in foreign jurisdictions before migrating to England and Scotland. The most obvious example is that of the battered women defence which modifies a crucial aspect of the plea for the particular and unusual situation in hand. The same point can be said of the so-called non-violent homosexual advance defence which has received a significant amount of coverage (most notably in Australia) but has yet to be discussed in any detail here. The particular aspect of provocation discussed here is the relevance of the proportionality requirement in cases of homosexual advance.

Citation

OLIVER, S. 1999. Provocation and non-violent homosexual advances. Journal of criminal law, 63(6), pages 586-592.

• Journal Article Type: Article
• Acceptance Date: Dec 31, 1999
• Online Publication Date: Dec 31, 1999
• Publication Date: Dec 31, 1999
• Deposit Date: Aug 4, 2010
• Publicly Available Date: Aug 4, 2010
• Journal: Journal of criminal law
• Print ISSN: 0022-0183
• Electronic ISSN: 1740-5580
• Publisher: SAGE Publications
• Peer Reviewed: Peer Reviewed
• Volume: 63
• Issue: 6
• Pages: 586-592
• Public URL: http://hdl.handle.net/10059/501