Editing Gay panic defense (section)

====Uses of the trans panic defense====
{{see also|Rape by deception#Transgender individuals}}
* In the 1997 murder of [[Chanelle Pickett]], William C. Palmer claimed that he attacked Pickett after discovering she "was actually a man". However, when the victim's sister and other witnesses revealed that Palmer was aware of Pickett's trans status, Palmer abandoned this defense.<ref>{{cite news |last1=Doherty |first1=William F. |title=Witness says accused killer knew beforehand transsexual was male |url=https://bostonglobe.newspapers.com/newspage/441073249/ |access-date=28 July 2024 |work=The Boston Globe |date=23 April 1997}}</ref>
* A trans panic defense was used in 2004–2005 in [[California]] by the three defendants in the [[Murder of Gwen Araujo|Gwen Araujo]] homicide case, who claimed that they were enraged by the discovery that Araujo, a transgender teenager with whom they had engaged in sex, had a penis. Following their initial suspicions about her birth-assigned sex, Araujo was "subjected to forced genital exposure in the bathroom, after which it was announced that she was 'really a man{{'"}}.<ref name="Bettcher2007">{{cite journal |last=Bettcher |first=Talia Mae |title=Evil Deceivers and Make-Believers: On Transphobic Violence and the Politics of Illusion |journal=[[Hypatia: A Journal of Feminist Philosophy]] |date=2007 |volume=22 |issue=3 |page=44 |doi=10.1111/j.1527-2001.2007.tb01090.x|s2cid=18183513 }}</ref> The defendants claimed that Araujo's failure to disclose her birth-assigned sex and anatomy was tantamount to deception, and that the subsequent revelation of her birth-assigned sex "had provoked the violent response to what Thorman represented as a sexual violation 'so deep it's almost primal{{'"}}.<ref name="Bettcher2007" /> The first trial resulted in a jury deadlock; in the second, defendants Mike Magidson and Jose Merél were convicted of second-degree murder, while the jury again deadlocked in the case of Jason Cazares. Cazares later entered a plea of [[Nolo contendere|no contest]] to charges of [[voluntary manslaughter]]. The jury did not return the requested [[hate crime]] additions to the convictions for the defendants.<ref>{{cite web |url=https://www.ebar.com/news///236272 |title=Two murder convictions in Araujo case |last=Szymanski |first=Zak |date=September 15, 2005 |website=Bay Area Reporter |access-date=June 2, 2019 |archive-date=May 29, 2020 |archive-url=https://web.archive.org/web/20200529210300/https://www.ebar.com/news///236272 |url-status=live }}</ref>
* [[Angie Zapata]] was beaten to death by Allen Andrade in July 2008. After Andrade learned that Zapata had a penis, she smiled at him and said "I'm all woman"; his defense attorney stated the smile "was a highly provoking act, and it would cause someone to have an aggressive reaction" when arguing to have the charge against him dropped to second-degree murder. Judge Marcelo Kopcow rejected that argument,<ref>{{cite news |url=https://www.denverpost.com/2008/09/18/smile-called-provoking-act-in-transgender-case/ |title=Smile called 'provoking act' in transgender case |last=Whaley |first=Monte |date=September 18, 2008 |newspaper=The Denver Post |access-date=June 2, 2019 |archive-date=April 7, 2019 |archive-url=https://web.archive.org/web/20190407153558/https://www.denverpost.com/2008/09/18/smile-called-provoking-act-in-transgender-case/ |url-status=live }}</ref> and Andrade was sentenced to a mandatory sentence of life in prison without the possibility of parole after he was convicted by a jury of first-degree murder in 2009 after two hours of deliberation. The conviction included a hate crime endorsement, believed to be the first instance of a hate crime application when the victim was transgender.<ref>{{cite news |url=https://www.nytimes.com/2009/04/23/us/23transgend.html |title=Murder and Hate Verdict in Transgender Case |last=Frosch |first=Dan |date=April 22, 2009 |newspaper=The New York Times |access-date=June 2, 2019 |archive-date=April 1, 2019 |archive-url=https://web.archive.org/web/20190401183313/https://www.nytimes.com/2009/04/23/us/23transgend.html |url-status=live }}</ref>
* [[Islan Nettles]] was beaten to death in Harlem just after midnight on August 17, 2013.<ref>{{cite news |url=https://www.nytimes.com/2013/09/09/nyregion/embarking-on-a-new-life-transgender-woman-has-it-brutally-taken.html |title=Embarking on a New Life, Transgender Woman Has It Brutally Taken |last=Schwirtz |first=Michael |date=September 8, 2013 |newspaper=The New York Times |access-date=June 2, 2019 |archive-date=June 20, 2019 |archive-url=https://web.archive.org/web/20190620094056/https://www.nytimes.com/2013/09/09/nyregion/embarking-on-a-new-life-transgender-woman-has-it-brutally-taken.html |url-status=live }}</ref> The killer, James Dixon, was not indicted until March 2015, despite turning himself in three days after the attack and confessing that he had flown into "a blind fury" when he realized that Nettles was a transgender woman.<ref name="NYT-160402">{{cite news |url=https://www.nytimes.com/2016/04/02/nyregion/mans-confession-in-transgender-womans-death-is-admissible-judge-rules.html |title=Man's Confession in Transgender Woman's Death Is Admissible, Judge Rules |last=McKinley |first=James C. Jr. |date=April 2, 2016 |newspaper=The New York Times |access-date=June 2, 2019 |archive-date=May 15, 2019 |archive-url=https://web.archive.org/web/20190515185610/https://www.nytimes.com/2016/04/02/nyregion/mans-confession-in-transgender-womans-death-is-admissible-judge-rules.html |url-status=live }}</ref> Dixon pleaded not guilty to first-degree manslaughter at his indictment.<ref name="NYT-150303">{{cite news |url=https://www.nytimes.com/2015/03/04/nyregion/manslaughter-charges-in-beating-death-of-transgender-woman-in-2013.html |title=Manslaughter Charges in Beating Death of Transgender Woman in 2013 |last=McKinley |first=James C. Jr. |date=March 3, 2015 |newspaper=The New York Times |access-date=June 2, 2019 |archive-date=October 31, 2018 |archive-url=https://web.archive.org/web/20181031052852/https://www.nytimes.com/2015/03/04/nyregion/manslaughter-charges-in-beating-death-of-transgender-woman-in-2013.html |url-status=live }}</ref> Dixon was not charged with murder, which would have required proof of intent, nor was he charged with a hate crime.<ref name="NYT-150303" /> During his confession, Dixon said that his friends had mocked him for flirting with Nettles, not realizing that she was transgender. Furthermore, in an incident a few days prior to the beating, his friends had teased him after he flirted with two transgender women while he was doing pull-ups on a scaffolding at 138th Street and Eighth Avenue.<ref name="NYT-160402" /> Dixon pleaded guilty and received a sentence of 12 years' imprisonment, a sentence that Nettles' mother felt was too lenient.<ref>{{cite news |title=Man Sentenced to 12 Years in Beating Death of Transgender Woman |url=https://www.nytimes.com/2016/04/20/nyregion/man-sentenced-to-12-years-in-beating-death-of-transgender-woman.html |last=McKinley |first=James C. Jr. |date=April 19, 2016 |newspaper=The New York Times |access-date=June 2, 2019 |archive-date=June 19, 2019 |archive-url=https://web.archive.org/web/20190619000653/https://www.nytimes.com/2016/04/20/nyregion/man-sentenced-to-12-years-in-beating-death-of-transgender-woman.html |url-status=live }}</ref>