미국 형사절차상 동성애 피해자 보호에 관한 논의

Our country has started the research of protecting the rights of victims of crime since 2000, and after the Crime Victims Protection Act was enacted in 2004, has introduced various schemes to prevent secondary victims of crime victims. But it seems not enough discussion yet about the second victim and the victim’s screen to prevent new and emerging types. A prime example of this issue is about preventing the victimization of ‘homosexual victims’ in the criminal procedure. If the jury judge these victims on the basis of the evidence of the unusual sexual identity and sexual orientation, the jury’s decision could be a fair trial? Clearly, if it is influenced by the prejudices they have about the lesbian and the gay, it cannot be a fair trial. Such discrimination has also a problem in that it can lead to the secondary damage of victims in criminal procedure. In our country, there is still not a debate concerning the protection of the homosexual victims. There has been already a lot of discussion about Gay panic defense 20 years before in the United States. Finally, in 2013, the American Bar Association(ABA) passed a resolution requesting the legislation to ban the GPD, TPD. California is the first state to enact the laws prohibiting the GPD and the TPD in the United States. Therefore, in this paper, I propose a homosexual victim protection law (Gay Shield Law) to prevent the secondary damage of homosexual victims in criminal procedure. Our criminal justice system should ensure that people receive a ruling only on the basis of the evidence of guilt, not based on the personal taste causing the anger.