'But words can never hurt me': Untangling and reforming Queensland's homosexual advance defence

This article examines the recent legislative reforms to the Criminal Code Act 1899 (Qld) concerning the defence of provocation. Specifically, it is concerned with the so-called Homosexual Advance Defence ('HAD'), and argues that the 2011 amendments, which excluded defendants from pleading provocation on the basis of 'words alone', have not eradicated HAD from the common law, which only serves to legitimise homophobia in contrast to more tolerant, prevailing social norms. Further amendments are necessary to make clear that a 'non-violent sexual advance' cannot form the basis of a defence of provocation. This article is in response to John Jerrard QC's Special Committee Report on Non-Violent Sexual Advances of January 2012. Crucially, the article contends that the arguments for the abolition of HAD and for the broader defence of provocation have become confused, and untangling these arguments is required for clarity in reform.