My Name Is Briana Escamilla and I Am the Nevada State Director with the Human Rights Campaign

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My name is Briana Escamilla and I am the Nevada State Director with the Human Rights Campaign. I’m here to speak in support of potential legislation to eliminate gay and trans “panic” defense as a valid legal strategy in the state of Nevada. The gay and trans “panic” defense is a legal strategy often used in defense of hate crimes, that asks a jury to find that a victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction, which can include murder. When the defense is used, the attacker claims that their victim’s sexual orientation or gender identity not only explain – but excuse – their loss of self-control and subsequent assault. One of the most recognized cases that employed the gay “panic” defense was that of Matthew Shepard. In 1998, Matthew Shepard, a 21 year old college student, was beaten to death by two men. The men attempted to use the gay “panic” defense to excuse their actions. Gay and trans “panic” defenses have been used to acquit dozens of murderers of their crimes. Despite widespread public protest, the defense is still being used today. In fact, a gay “panic” defense was used as recently as April 2018 to mitigate a murder charge to criminally negligent homicide. Even in instances where juries are instructed not to listen to gay/trans “panic” defenses, the implicit homophobic bias of hearing the defense at all can still influence the jury’s decision. When it comes to deciding an LGBT individual’s right to life, a hung jury and a mitigated sentence have the same effect: they withhold justice from LGBTQ+ victims and send the harmful message that an LGBTQ+ person’s life is not worth protecting in a court of law. Some courts and legislatures have begun to curb the use of gay and trans panic defenses, but many states are lagging behind. Nevada does not currently have any legislation that bans the use of gay and trans panic defenses. Legislation that bans the use of these defenses will send a strong message to the LGBTQ community that our lives and safety are valued and worthy of protection. Agenda Item V B (NYL) Meeting Date: 11-14-18.

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