Sexual Assault on a Corpse

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EchoesOfTheHorizon
Posts: 356
Joined: Mon Oct 23, 2017 6:08 am

Sexual Assault on a Corpse

Post by EchoesOfTheHorizon »

http://www.foxnews.com/us/2017/12/08/co ... e-say.html

Bizarre story by some druggies. Man found his girlfriend dead, heroine needle in the arm, and claims he had sex with the body in a effort to revive her, despite her being dead a few hours, and having a neighbor as a paramedic.

So that is that, ironically it isn't the actual debate here, as weirdos do this from time to time. What is of concern to me is, it happens enough that we have a legal system so used to this that we called it a fourth degree sexual assault of a corpse.

Now societies not used to people man handling the dead in unexpected, in appropriate ways, might not have any laws against corpse thieves, much less necrophilia, being completely innocent of it conceptually. First time out, having a case of this happening, would be confused with the semantics of arresting him on any charge.... such as can you even rape a dead person? Is the body a person at that person, or someone else's limited property? Are you merely abusing property? Is it a civil or criminal issue?

Well.... clearly here in the US, we had some prior cases of this happening, so as to land on Sexual Assault of a Corpse. Not just Sexual Assault of a Corpse, but we worked out in the past well enough to arrive to the minutiae of "4th Degree". Wow, that means, we've had judges and law makers debate at least three different cases of necrophilia so far apart, that upon appeals the original charge of necrophilia didn't stick, and so had to rush in new subtypes of the crime to appease the court system. I myself can only think of two differences like..... having sex with a body, and sexual cannabalism. I'm afraid now, logically, as least two other kinds of necrophilic ummm.... "relations" exist. I can't even fanthom what the other two are. I'm not even here to debate what they are, just appalled this happens enough, systematically, that people can land into these categories over and over again.

Is Necrophilia therefore built into human nature? I could see some guy so terrible at picking up women turning to this, like the black humor joke about the funeral director named Mort, running a business called "Morturary Funerary Palace" but the letters on the sign outside of the funeral home falling off so it now reads "Mort Fun Palace" (from the TV show Lexx I beleive it was). I can also imagine some serious brain trauma can so confuse someone they would do this, or a spouse too lost in emotion after a spousal death then do this. But.... even then they know it is wrong (save maybe the case of Mr. Brain trauma). They hide it. They aren't open about it.

So we have at least four degrees of sexual assault of a corpse, and that indicates it happens enough that people keep falling into a category of this..... some prosecutor is hearing the details, thumbing through the list.... and saying "yep, this qualifies for this degree. This means, it is a built in pattern of human nature. We all possess it on some at least (hopefully unused) unconscious level. Also means likely far more people are into this than act on it, like any suppressed sexual kink. A portion of the population is struggling NOT to have sex with corpses, and manage to do the right thing in NOT sexing them. Or someone is aroused by funerals, or funeral convoys, or viewings. It only logically extends that this is the case.

It is something to think about. I don't want to know if more than four degrees exist. I'll be deeply disturbed to know that even more variables can be involved, and that some judge or legislature sat around one day thinking about this that far indepth from years of dealing with this, finally reaching a conclusion distinct cases of this exist, and how it all works together in a Venn Diagram. Wow. That sucks. But probably is true. Very disappointing.
thedoc
Posts: 6473
Joined: Thu Aug 30, 2012 4:18 pm

Re: Sexual Assault on a Corpse

Post by thedoc »

Since she couldn't give consent, it was non-consensual, he could have been charged with rape.

At least she couldn't get pregnant.
tbieter
Posts: 1206
Joined: Wed Oct 17, 2007 6:45 pm
Location: St. Paul, Minnesota, USA

Re: Sexual Assault on a Corpse

Post by tbieter »

"4th degree sexual assault on a corpse " is not rape.

The legal concept presupposes a living victim.

See
https://legal-dictionary.thefreedictionary.com/rape
EchoesOfTheHorizon
Posts: 356
Joined: Mon Oct 23, 2017 6:08 am

Re: Sexual Assault on a Corpse

Post by EchoesOfTheHorizon »

I don't want to know the convoluted reasoning for what constitutes rape or non-rape moleststion of a corpse.... it is a area of philosophy I'm just fine not knowing. I'm merely disturbed and disappointed we know enough about it that people had to reason the variables well in advance, to the point we have degrees of offense on this matter. Says a lot about human nature.

A woman can get pregnant from a dead man. Men hung by a noose oftentimes ejaculate as they die. It wouldn't be unreasonable rationally for a spouse who hadn't conceived to try to salvage that final load, as it is the last you'll get. We've had a handful of children born from harvested semen after death. Was a legal battle, but these women aren't exactly molesting a corpse, trying to get a rise out of it. I've never heard of a man trying to harvest eggs from a dead wife, seeking a surrogate womb, that's way more complicated, given it involves another person besides the husband.
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