Jul 21, 2006

Always, I mean always check the plumbing.

California prosecutors are hoping a bill will pass through the state legislator that would limit the use of "gay panic" defense used in trials. The gay panic defense was used by defendants who sought leniency from the court for their actions in assaulting someone because after a sexual act they found out about their real gender.

This legislation comes off the heels of the brutal murder of Gwen Araujo, a teenager whose skull was beat in and was strangled by two guys learning she/he was a guy after they had buttsex with her/him.

Now I don't condone this activity, the assault, murder, or the hiding of the penis, but my question to you dear reader(s) is what would be your first gut reaction after finding out the person you just had sex with shared the same genitalia? Would you hide in embarrassment and not tell anyone? Laugh it off? Beat them so hard they'll curse their mother for ever giving them birth? I'm not looking for comments here; I just want you to honestly think about your initial gut feeling when learning of this distressing, well distressing to most, news.

I'm no expert in the art of anal, but wouldn't you normally want to..eh..well..see what's going on down there? Do you have to be that drunk? Do transgender people use the 'my time of the month' excuse to keep a prying hand away from there?

I would never engage in casual buttsex, but I have to be honest and say I would probably react violently upon hearing the news if it was immediately after the fact. A swift punch to the eye would probably ensue. If I learned of the news later I'd probably take multiple showers and cry myself to sleep, but I just hope I'd let it go and not tell anyone. Yeah I wouldn't post the experience here.

Would striking someone in this scenario make me a bad person? Eh call me what you will, but I think the reaction would be natural. I imagine most guys react violently caused they're more pissed at themselves for being duped.

Granted most would say if I were to be stupid enough to randomly place my wee wee there I deserve what I get, but there might be some gray areas here. Granted if I did punch someone I expect and deserve to go to jail. Should a jury not look at a defendant and serve based upon the context of the crime or look at all assault as black and white and determine the verdict accordingly? If the latter how do you feel about hate crime legislation?

Again I'm not looking for comments here, but I do ask you think about this legislation and what kind of guidelines we want for our juries.

"I learned a lot more about transgender people. It's not a choice, but a physiological condition that has to do with the size of the hypothalamus part of the brain." - Mercedes Ruehl

Yep they were once guys:

Prosecutors fight 'gay panic' defenses


Grace said...

This reminds of that movie "Boys Don't Cry". I think it's so dishonest of a transexual person not to tell their partner the truth about themselves. And, yep, I can understand why a guy would get pissed as hell in that kind of situation. It's just nasty.

P.S. Those three chicks/guys in the video look sooo much like women. Who would've thought?!

Alyssa said...

I agree.. they should tell the other person about whats goin' on down south.
But how can the other person *not* tell? I mean, I know gaydar isn't a strong point for some.. but come on.. what about the throat? The facial skin/shape? Broad shoulders? Muscular configuration? That coupled with the fact that the woman WANTS to have buttsex should be a red flag.

Mattbear said...

I'm sure in some of these cases, the assailant really didn't know before hand (although like you, I wonder how that could possibly be). But the first question to come to my mind is, "Did they actually know?"

I think some of this violence stems from boys who know the person they are about to get with is male, and they proceed anyway. I think some of the violence stems more from self-hate and shame.

The article is a little vague on this, but the term "transgender" suggests Gwen was still a male, genitally. I've seen crossdressers who were pretty convincing - some who who even made me wish they were women - but I have a hard time believing that the presence of male genitals and lack of female genitals could be overlooked at all during sex. But then again I've never had casual sex with a stranger, so maybe the procedure varies a bit.

(Just a note to Grace: "transsexual" means someone who has undergone surgical procedures to change their gender, which doesn't seem to be the case talked about here)

I don't think anyone who gets beaten to death for misleading sexual partners about their gender deserves what they got, but I think they ought to expect something bad. It's dishonest, and pretty damn low. They don't deserve to die or even be severely beaten, and I don't think "I didn't know it was a guy" should be a mitigating factor in these cases, partly because I think that in at least some of those cases, that defense is a lie. So I would have to say I would support this legislation.

And if I really was duped, I'd probably be more mad at myself for being such a dumbass. But I don't think I'd take that out on anyone else.

Wiwille said...

Grace - Yes those former males really did trip me out.

Alyssa - Yes a woman who seems to want anal in a one night stand doesn't exist.

Mattbeat - Yeah maybe I should'nt punch someone in the face after finding out they have a penis, but I would anyways. Call me barbaric, but I don't think I could help myself. Granted I would never kill someone over it.

It does seem weird that if someone is attracted enough to engage in sex with someone suddenly freaks out if a wee wee is involved.