Provocation and non-violent homosexual advances.
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Some controversial areas of provocation have been developed to a significant extent in foreign jurisdictions before migrating to England and Scotland. The most obvious example is that of the ‘battered women defence’ which modifies a crucial aspect of the plea for the particular and unusual situation in hand. The same point can be said of the so-called ‘non-violent homosexual advance’ defence which has received a significant amount of coverage (most notably in Australia) but has yet to be discussed in any detail here. The particular aspect of provocation discussed here is the relevance of the proportionality requirement in cases of homosexual advance.