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COMMENTS:
ballot #106526
From all the research I could find, except for in the Geneva convention and dealing with bodies of the enemy, the dead have no rights
there was a case like this about 10 years ago, and the perpeturator was a woman.
She became somewhat of a internet celeb back then.
She was charged only with Breaking and entering, but the legislature of that state put new laws on the books because of that incident.
by LCD on Fri Dec 08, 06 12:11pm
[+]
I knew my comment on that ballot would be the next Larry. You're killer man.
Dead people cannot have right's. To possess rights, you also bear responsibility. Do the dead have responsibility?
There are laws concerning sexual malfeasance and immoral conduct I'm sure cover this sort f thing. Problem is that because of the obscure nature of the crime and that fact the victim is dead, most prosecutions are beyond the scope of reason (prosecutors spend far to much time locating the statutes, finding case law, preparing augument, etc).
Counties have caseloads. You have to consider how often will we (that county) have to consider these type cases? Once? Not worth pursuing.
The family can't sue because they are not the victim.
Down here in Texas they have the right to vote.
Well passive, not to objectify a body (which is entirely what I'm doing lol)... but so far as I know the corpse is property of the family and therefore, at the very least, vandalism claims could be made.
Voted : Dead peoples family should have rights
Raping or mistreating someone's dead body is no different than going out to the cemetary and digging up graves. Some respect should at least be given to the deceased's body.
As for the 'just a shell' argument, there's still the risk of disease and contamination that would put a damper on things there.
There was that crematorium owner a few years ago that got caught dumping bodies out on back property and in a pond. He was charged with something I remember. Whether his state had some specified law, or they got him on some type of environmental or white collar charges, I'm not sure.
Voted : don't know
I think necrophilia is not often reported... I mean cause the only way someone probably gets caught is to be caught in the act. I am sure this happens more than people realize.
Interesting topic, I am stuck which doesn't happen often. Can you post the story???
*I love the dead*~Alice Cooper Not me Nate, Mi Novia no Necrophile.
People, living or Dead, are not *Property*. They may well legally be the responsability of the family, and I question that, but the dead are not proprietary.
Wis. Headline:
Just because it’s not illegal doesn’t mean it’s OK. Turns out in Wisconsin, it’s not against the law to have sex with a corpse.
The wis. statute:
Subsection (7) of Wis. Stats. sec. 940.225 — Wisconsin’s sexual assault statute — provides as follows: “This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.”
The ruling:
Curry held that, notwithstanding subsec. (7), Wisconsin has no statute against necrophilia.
In Cali.:
So necrophilia remained, if not legal, not illegal in California. You can’t dig a corpse up, you can’t steal a corpse, you can’t mutilate one, but you can bone one.
In the UK~
In 2003, A new revision in the Sexual Offenses Act (SAR): (The law and the crime are the same) LOL
The Government updated the Sexual Offences Act to reflect current, rather than Victorian, attitudes to sex. The new Act focuses on aspects previously overlooked by the law and introduces new changes that aim to protect the vulnerable and iron out any gender differences.
Necrophilia~
Until the new act it was strangely not regarded as a crime. That has all changed now, though, and anyone found to have had sex with a dead person faces up to two years imprisonment.
http://www.opsi.gov.uk/acts/acts2003/20030042.htm
I'm unable to find a single US law against it.
At most, Prosecution might succeed under the Mutilation law.
While dead people having 'rights' isn't really applicable as they are only a pile of ashes or decaying flesh and bones, there should however be a law to make it illegal to desecrate the dead remains of deceased loved ones.
Did anyone hear of the case of the gorgeous deceased young twenty year old girl who was killed in a car crash a few weeks ago, three fiends from Hell were arrested while trying to dig up her two weeks buried corpse to have sex with it.
They saw her photo in the paper apparently. Just horrifying beyond words.
^That's the Wisconsin case I refer to, Ken.
The judge rule it was a crime to dig her up, but dismissed the attempted sexual assault charge.
What a legacy that lad will carry the rest of his life eh?
It's the living that have rights. I think the family of the dead person should have been allowed to sue for emotional stress.
Voted : Dead peoples family should have rights
The dead do have some rights:
(1) right to have their cemetery monuments protected (this is a law in all 50 states);
(2)right to have their property distributed according to their will or expressed and provable wishes while alive;
(3) right to have trusts administered;
(4)celebrities maintain the right under federal law as to how their likeness is used for promotional or advertising purposes.
I wouldn't be surprised if the Wisconsion legislature doesn't amend that statute to criminalize necrophilia. There *are* specific ant-necrophilia statutes in several states. Here's one from the Virginia Code, 18.2-126:
§ 18.2-126. Violation of sepulture; defilement of a dead human body; penalties.
B. If a person willfully and intentionally physically defiles a dead human body he is guilty of a Class 6 felony. For the purposes of this section, the term "defile" shall not include any autopsy or the recovery of organs or tissues for transplantation, or any other lawful purpose.
"Defiles" has been determining by Virginia case law to include sexual intercourse.
Also, Pennsylvania has an "abuse of corpse" criminal statute at 18 Pa.C.S. section 5510. It atates that the crime occurs when "...a person treats a corpse in a way that he knows would outrage ordinary sensibilities... ." This has also been interpreted to include necrophilia.
Voted : Dead peoples family should have rights
I think that there should be some sanctity for the dead. In a sense, there already is. When people visit cemetaries, no one walks on a grave. It's understood respect. The same ought to apply to a body waiting to be prepared for burial.
If I want my husband to have one last romp when I am gone, does that make us necrophiliacs?
"...a person treats a corpse in a way that he knows would outrage ordinary sensibilities
hmmmm Felix, maybe for whatever reason the Prosecutors office didn't think this situation pertained to that.
Dead Celebrities already do. They name and likeness is owned and protected by legal agreements.
Well the body didn't say no, so it's technically legal. Alhough there is some people on here that would make the deadest body scream NO!! ;O)
by IC on Fri Dec 08, 06 6:22pm
[+]
regarding what's done with their bodies and their reputations, yes. personally, i don't care what's done with my remains, i won't be using them. everything that works should be removed and transplanted, anything left over that scientists can use they can take, and anything else after that, they can do whatever they want with it. but some people are traditional and figure they should be buried in some pollutant ridden box in half a tuxedo to turn to soap, and they don't want anybody interfering.
^I agree with the donation of body parts , I want that done too, but something about the sexual thing just bothers me a lot. Lady, I can't find the article on the net, it's a small town and I would probably have to go to the newspaper itself and get it. I asked a police officer who is a friend of the family what ever happened to the case and he told me the person was released without charging, maybe the family declined to press charges or the District attorney declined to take it any further.
The funeral director was the one who caught him and called the police, and you are probably right it happens more than we think, but was never caught.
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