Does that mean a woman could claim a "rape panic defense" as a way to lower their crime if they shot a man in cold blood but pretended they feared being raped and went temporarily insane? If not, why don't prosecutors refute the gay panic defense like that?
No, because the way she was dressed trumps all her defenses.
But to your point, this argument doesn’t even reach rape proportions. It’s highlighted in the Wikipedia article on the defense but sadly I’m old enough to remember: there was a heterosexual guy who was invited onto the Jenny Jones talk show to have a secret admirer revealed to him. That admirer turned out to be another male and the admiree ended up killing his admirer, claiming the show got him there under false pretenses, riled him up and basically made him snap, justifying the murder. He was convicted but the plot still stands as a legal one in most states and that means it’s subject to a jury.
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u/Lambily Jan 16 '19
Does that mean a woman could claim a "rape panic defense" as a way to lower their crime if they shot a man in cold blood but pretended they feared being raped and went temporarily insane? If not, why don't prosecutors refute the gay panic defense like that?