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Do you think "homosexual panic" can be used as an legal argument to influence the outcome of a trial in any way?

Asked by airowDee (1791points) November 17th, 2009

From the source

http://www.365gay.com/news/murder-suspect-thought-puerto-rico-gay-teen-was-a-woman/

A few days ago, there was a Puerto Rico murder and decapitation of gay teenager Jorge Steven Lopez Mercado. The suspect is charged today, his name isJuan antonio Martinez Matos, 26 years old and father of four.

Martinez Matos was “looking for women” in a red light district last Friday. He had already been turned down several times, but Lopez Mercado, wearing a blue dress and boots, agreed to get in his car.

District Attorney Jose J. Bermudez says that in his confession, Martinez Matos said that he thought Lopez Mercado was a woman. The victim asked him for money and when he refused, Lopez Mercado pulled out a knife. When Martinez Matos realized that the teenager was actually male, he had a flashback to when he was raped in prison while he was serving a sentence for domestic violence. He then attacked Lopez Mercado, separating his arms from his torso.

Rivera says the police told media outlets that the suspect will likely use a “homosexual panic” defense, arguing for a plea of temporary insanity

Do you think the fact that he was surprised the victim was a male should have any influence in the final outcome of the sentencing, degree of murders, or verdict ?

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