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By Uk Law, Is It Legally Rape If You Have Sex With A Dead Body?

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Or does rape only apply to living people?

 

I was looking at bumsnet's feminist board (populated by a bunch of wealthy white middle-class British women who think they are "oppressed") and one post claims a Glasgow pub quiz asked is it rape if someone kills another human and has sex with the dead corpse. The crimes of murder and necrophilia have of course been committed, but has rape been committed as well?

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Interesting. As intercourse is only legal with the person's consent, then I suppose technically it would be rape. On the other hand, you might take the view that a corpse is no longer a person, and hence it is another kind of crime altogether. I learn from Wikipedia that it only became an offence under the Sexual Offences Act of 2003, which I find surprising. Surely there's been some sort of misleading compression in that sentence.

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You know my ex then???

As the dead can't give evidence...who's gonna know?

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Asking for a friend? :o

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No, a dead body is no longer considered an individual.  However it does fall foul of necrophilia laws, and considering the questioner is the killer there would be the higher crime of murder.  Forensics would then be responsible for determining if the sexual act occurred before or after the murder.  If before, then charges would be murder and rape if it could be proven and the only this would be provable is as a statutory rape (victim under 16) and most likely would not even be put on the charge sheet.  If after it, would come under murder and necrophilia and I don't know of any such cases.  Whilst necrophilia was not a specific crime until recently, you could still be done for a gross indecency.

 

Odd pub question though...

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Wasn't this roughly the main defence of the fella done for the murder of that young model over croyden way.He didn't stab her to death.The only reason his dna  was on her body was because he had seen her remains and had sex with them.There was stuff about he could still be prosecuted under various desecration laws etc.
Back on topic.If the person murdered the victim themselves then normally theyd be tried for the more serious crime,murder.If you want a case example try Dennis Nilsen for instance

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No, a dead body is no longer considered an individual.  However it does fall foul of necrophilia laws, and considering the questioner is the killer there would be the higher crime of murder.  Forensics would then be responsible for determining if the sexual act occurred before or after the murder.  If before, then charges would be murder and rape if it could be proven and the only this would be provable is as a statutory rape (victim under 16) and most likely would not even be put on the charge sheet.  If after it, would come under murder and necrophilia and I don't know of any such cases.  Whilst necrophilia was not a specific crime until recently, you could still be done for a gross indecency.

 

Odd pub question though...

Really odd pub quiz question. Has someone been watching too much Luther?! wtf? x

 

 

 

Odd pub question though...

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Was there a surge in necrophilia  ten or so  years ago that caused our leaders to legislate against it?

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Or does rape only apply to living people?

 

I was looking at bumsnet's feminist board (populated by a bunch of wealthy white middle-class British women who think they are "oppressed") and one post claims a Glasgow pub quiz asked is it rape if someone kills another human and has sex with the dead corpse. The crimes of murder and necrophilia have of course been committed, but has rape been committed as well?

 

I felt like I was punting a corpse last week in Maidstone, so I can pass you a recommendation if you like!  :P Perhaps not rape, but will fall foul of the Sexual Offences Act 2003, since Necrophilia is a crime. 

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I felt like I was punting a corpse last week in Maidstone, so I can pass you a recommendation if you like!  :P

 

Sounds like a good time was had by all concerned    :lol:

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Or does rape only apply to living people?

 

I was looking at bumsnet's feminist board (populated by a bunch of wealthy white middle-class British women who think they are "oppressed") and one post claims a Glasgow pub quiz asked is it rape if someone kills another human and has sex with the dead corpse. The crimes of murder and necrophilia have of course been committed, but has rape been committed as well?

 

In England, Wales and NI, it's not rape. It's sexual penetration of a corpse (s.70 SOA 2003).

 

 

If the person murdered the victim themselves then normally theyd be tried for the more serious crime,murder.If you want a case example try Dennis Nilsen for instance

 

If the evidence is there then they'd also be prosecuted for the section 70 offence. They would then be treated as a sex offender in prison and on release, particularly the notification requirements.

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Sounds like a good time was had by all concerned    :lol:

Well, at least I was thoughtful and checked her pulse for vital signs at the end!  :lol:

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i am into bestiality, flagellation and necrophilia. Am i flogging a dead horse?

 

sorry....

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Silverado answers the question, as regards English law, further down (or up, as you will), but to be pedantic, please steer clear of the term "UK Law". Other than tax and company law, there is very little UK law. England(&Wales), Scotland, Northern Ireland, the Isle of Man, Jersey and Guernsey all are separate jurisdictions with their own laws.

 

While they generally get to the same destination, they often follow different routes. I seem to remember that there is an interesting difference between Scotland and England in the matter of incest! What passes for my memory says that it is illegal to shag your Grand-Mother in Scotland, but, in England, if the two of you are that odd, it is not criminal.

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i am into bestiality, flagellation and necrophilia. Am i flogging a dead horse?

 

sorry....

Someone had to say it... :)

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Someone had to say it... :)

 

and this

 

there was a young man called dave

who found a dead whore in a cave

he said tis disgusting,

it only needs dusting

And think of the money i'll save.

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and this

 

there was a young man called dave

who found a dead whore in a cave

he said tis disgusting,

it only needs dusting

And think of the money i'll save.

And to think there are people who find us sleazy.

 

:D

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I've heard it's dead boring though :ph34r:

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I believe this amusing and informative punk record answers all your questions.

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In England, Wales and NI, it's not rape. It's sexual penetration of a corpse (s.70 SOA 2003).

 

 

 

If the evidence is there then they'd also be prosecuted for the section 70 offence. They would then be treated as a sex offender in prison and on release, particularly the notification requirements.

 

Presumably they would not be allowed in the vicinity of a cemetery.

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Presumably they would not be allowed in the vicinity of a cemetery.

Or to work as a morgue attendant.

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Wasn't this roughly the main defence of the fella done for the murder of that young model over croyden way.He didn't stab her to death.The only reason his dna  was on her body was because he had seen her remains and had sex with them.There was stuff about he could still be prosecuted under various desecration laws etc.

Back on topic.If the person murdered the victim themselves then normally theyd be tried for the more serious crime,murder.If you want a case example try Dennis Nilsen for instance

 

Yes Mark Dixie/Sally Anne Bowman - out of desperation more than anything else he claimed that he stumbled across her body, didn't realise she was dead - simply thought she was drunk and incapable - and had sex with her. They had his DNA from semen, saliva in the bite wounds, fingerprints in blood on her shoes from where he'd dragged her behind the skip that was in the drive, they also had a mobile phone video of him masturbating over a newspaper photo of her, plus the crumpled newspaper in his bin. Also in a legal first they were able to introduce evidence that a Thai girl in Australia, where he'd lived for some years had been raped and stabbed and left for dead (in her own home) and it was his DNA that was matched by the Australian police (after the UK police had sent it following his arrest here)...again his explanation was that she'd been a prostitute and must have been attacked by someone else, after he'd legitimately had sex with her. It was a first, in that he had not, and HAS not been convicted of that crime - however in the unlikely event that anyone in the jury was swallowing his story regarding Sally Anne Bowman's murder it gave the prosecution the retort that it was quite unfortunate that twice in his life he'd had sex with someone who was brutally stabbed just before or just after he had sex with them...

Edited by punter992005

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Was there a surge in necrophilia  ten or so  years ago that caused our leaders to legislate against it?

 

No Zip.  This was the time when Operation Ore was at its height and they decided to update the legislation on sex acts.  For example, sex with minor only applied for men/boy, men/girls and women/boys but not women/girls as Queen Victoria did not accept that women could/would do such acts.  Until gay sex was allowed in the 60s/70s (not sure on the date), lesbian sex was fine as the same Queen would did not believe there were lesbians and therefore did not sign that part of the law.  As things were being updated, new offences were introduced to cover all severely unacceptably deviant practices like axillary intercourse!

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No Zip.  This was the time when Operation Ore was at its height and they decided to update the legislation on sex acts.  For example, sex with minor only applied for men/boy, men/girls and women/boys but not women/girls as Queen Victoria did not accept that women could/would do such acts.  Until gay sex was allowed in the 60s/70s (not sure on the date), lesbian sex was fine as the same Queen would did not believe there were lesbians and therefore did not sign that part of the law.  As things were being updated, new offences were introduced to cover all severely unacceptably deviant practices like axillary intercourse!*

Thanks. :)

 

* I had to look this up. According to Wikipedia it means non penetrative sex. This is now illegal? Or only with dead people?

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