(Image source from: WPPB)

James R. Miller after facing 10 years of captivity, won’t be serving imprisonment any longer after stabbing his gay neighbor twice with a knife three years ago during a musical jam session in the victim’s home.

A 67-year-old former Austin Police Department employee attested that, Miller acted in self-defense, after frighting for his life as his gay neighbor made sexual advances towards him. Last week, an Austin panel agreed handing down a sentence of 10 years of trial period and six months in Travis Country Jail for criminally negligent homicide.

The “gay panic defense” is an allowed criminal defense strategy. If proved, accused was trying to defend themselves then it can result in murder charges being reduced to manslaughter or another lesser charge.

“We don’t believe that this a defense that should still exist. It draws on anti-LGBT bias, both in the jury and in the court system itself and these defenses are harmful. It’s possible that these types of defenses are relying more on the bias that someone might have, rather than the facts of the case or what the law should prevent,” said Richard Saenz, staff attorney for Lambda Legal.

According to 2012 report from Lambda Legal, in the court room LGBTQ people frequently face discrimination either in a form of negative comment form a judge or attorney about the sexual orientation or gender identity.

“We understand that we’re particularly vulnerable in today’s America and when an individual gets a get-out-of-jail free card because they say the deceased made a pass at them, it sends a chilling effect throughout the rest of LGBT community that we’re really not safe-that you’re not safe in your own home,” said Kemnitz.

By Sowmya Sangam