Originally posted by midlineveer
Unless it's with immediate family, then it's just a beautiful natural act with a dead person and a lovely way to tell a parent or sibling sister goodbye.
Originally posted by MrMoose
Originally posted by sxewesley
Originally posted by McGruffHawk
From rape to suicide . . . doesn't get more disturbing than this.
Most Tonga's rivalries are friendly . . . Mean Machine is decidedly NOT friendly.
I guess necrophilia might be a form of rape.
Can we get a judges ruling on this one?
Originally posted by Definition of Rape with elaboration
A criminal offense defined in most states as forcible sexual relations with a person against that person's will.
Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion. Rape laws in the United States have been revised over the years, and they vary from state to state.
Historically, rape was defined as unlawful sexual intercourse with a woman against her will. The essential elements of the crime were sexual penetration, force, and lack of consent. Women who were raped were expected to have physically resisted to the utmost of their powers or their assailant would not be convicted of rape. Additionally, a husband could have sex with his wife against her will without being charged with rape. Beginning in the 1970s, state legislatures and courts expanded and redefined the crime of rape to reflect modern notions of equality and legal propriety.
As of the early 2000s, all states define rape without reference to the sex of the victim and the perpetrator. Though the overwhelming majority of rape victims are women, a woman may be convicted of raping a man, a man may be convicted of raping a man, and a woman may be convicted of raping another woman. Furthermore, a spouse may be convicted of rape if the perpetrator forces the other spouse to have nonconsensual sex. Many states do not punish the rape of a spouse as severely as the rape of a non-spouse.
Many states also have redefined lack of consent. Before the 1970s, many courts viewed the element of force from the standpoint of the victim. A man would not be convicted of rape of a competent woman unless she had demonstrated some physical resistance. In the absence of physical resistance, courts usually held that the sexual act was consensual. In the early 2000s in many states, the prosecution can prove lack of consent by presenting evidence that the victim objected verbally to the sexual penetration or sexual intrusion.
Lack of consent is a necessary element in every rape. But this qualifier does not mean that a person may make sexual contact with a minor or incapacitated person who actually consented. Lack of consent may result from either forcible compulsion by the perpetrator or an incapacity to consent on the part of the victim. Persons who are physically or mentally helpless or who are under a certain age in relation to the perpetrator are deemed legally incapable of consenting to sex.
Most states choose to label the crime of rape as sexual assault. Sexual assault is divided into degrees: first-, second-, third-, and fourth-degree sexual assault. West Virginia provides an illustration of how rape laws are typically written. In West Virginia, a person is guilty of sexual assault in the first degree when that person engages in sexual intercourse or sexual intrusion with another person and either inflicts serious bodily injury upon anyone or employs a deadly weapon in the commission of the act (W. Va. Code § 61-8B-3 [1996]). Additionally, a person age 14 years or older who engages in sexual intercourse or sexual intrusion with another person who is 11 years old or less is guilty of first-degree sexual assault. A person convicted of the crime of first-degree sexual assault in West Virginia faces imprisonment for at least 15 years and not more than 35 years and may be fined from $1,000 to $10,000.
In West Virginia, a person commits sexual assault in the second degree by engaging in sexual intercourse or sexual intrusion with another person without that person's consent, and the lack of consent results from forcible compulsion. Forcible compulsion is (1) physical force that overcomes such earnest resistance as might reasonably be expected under the circumstances; (2) threat or intimidation, either express or implied, placing the victim or another person in fear of death, bodily injury, or Kidnapping; or (3) fear by a person under 16 years of age caused by intimidation by another person who is at least four years older than the victim.
Another way to commit second-degree sexual assault in West Virginia is to engage in sexual intercourse or sexual intrusion with someone who is physically helpless. The punishment for second-degree sexual assault is imprisonment for at least ten years but not more than 25 years and may include a fine of from $1,000 to $10,000.
So, given this evidence, my judge's ruling is that necrophilia is not rape, since the corpse cannot object to the sexual act, and the objection to said sexual act is what constitutes rape. However, if this takes place in West Virginia, it may be considered second degree sexual assault.
Certainly I don't think its rape. However, it is illegal. When someone dies, their body becomes property of their spouse or next of kin. So its certainly defacing property, and you'd probably get charged with lewd conduct at the very least as well.
