<p> The “trans-panic” defense is a legal defense that justifies violence against transgender people. Research posits that the success of the trans-panic defense is facilitated by perceived deception and moral outrage due to violating gender identity expectations, where passing transgender victims (compared to non-passing transgender and cisgender victims) elicit more anti-victim and pro-defendant outcomes. In the current study (<i>N </i>= 1038), we investigated whether identity disclosure mitigated the success of the trans-panic defense. Our predictions were partially supported. Our results demonstrated that passing transgender victims (versus non-passing transgender and cisgender victims) elicited the most anti-victim (e.g., increased culpability, reduced sympathy) and pro-defendant outcomes (more lenient sentencing, less culpability, etc.). Contrary to predictions, the effect of gender identity on victim- and defendant-oriented outcomes was not moderated by disclosure. Regardless of one’s gender identity, disclosing information about one’s body did effectively reduce the success of the panic defense for all victims. These results were not driven by political ideology or prejudice. The implications of our work are that transgender victims (especially those with passing status) fare worse than cisgender victims in panic-defense contexts, and that disclosing information about one's body prior to sex may mitigate the success of panic-defense cases, regardless of the victim’s gender identity.</p>

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The Role of Perceived Deception and Moral Outrage in Trans-Panic Defense Cases and the Beneficial Effects of Disclosure

  • Kevin McAweeney,
  • Angel Armenta,
  • Demitri Aguilar,
  • Jessica Bray

摘要

The “trans-panic” defense is a legal defense that justifies violence against transgender people. Research posits that the success of the trans-panic defense is facilitated by perceived deception and moral outrage due to violating gender identity expectations, where passing transgender victims (compared to non-passing transgender and cisgender victims) elicit more anti-victim and pro-defendant outcomes. In the current study (N = 1038), we investigated whether identity disclosure mitigated the success of the trans-panic defense. Our predictions were partially supported. Our results demonstrated that passing transgender victims (versus non-passing transgender and cisgender victims) elicited the most anti-victim (e.g., increased culpability, reduced sympathy) and pro-defendant outcomes (more lenient sentencing, less culpability, etc.). Contrary to predictions, the effect of gender identity on victim- and defendant-oriented outcomes was not moderated by disclosure. Regardless of one’s gender identity, disclosing information about one’s body did effectively reduce the success of the panic defense for all victims. These results were not driven by political ideology or prejudice. The implications of our work are that transgender victims (especially those with passing status) fare worse than cisgender victims in panic-defense contexts, and that disclosing information about one's body prior to sex may mitigate the success of panic-defense cases, regardless of the victim’s gender identity.