Originally Posted by zteccc

The problem with having a law is that we have to enforce it consistently. That means that if an otherwise law-abiding citizen who is otherwise socially well adjusted, likes sex with corpses, then we must prosecute this person as a criminal for having sex with corpses. If, in their entire life, they had done nothing wrong other than this act, we still must prosecute them as a criminal because the law says so. This person might be a leader of industry. This person might run a charity or work at one. They might be man of the year, but they have a problem and would be prosecuted as a criminal. Regardless of who they are (we don't choose to prosecute or not based on one's job), they are definitely particpating in an abnormal act. How is a criminal record going to help this person?

Another problem is that criminal proceedings are a matter of public record. That means that anyone can find out that this person was convicted of necrophilia. Future employers will find out, so will others. Likely this will be considered a "sex crime" so this person will be listed as a sex offender as well. This is the result of criminalizing necrophilia. If you must file criminal charges, breaking and entering (as listed in the article) is enough of a charge and the Judge can accept a plea arrangement where the culprit is required to seek counseling.

Yet another problem with more laws (in general) is that it means more restriction on freedom. I presume you know of the term the "slippery slope". Today we say an adult cannot have sex with corpses. Tomorrow we say they cannot have sex with animals, next we say they cannot have sex with humans of their own gender, after that we say they cannot participate in S&M, sodomy or group sex, etc. Regardless of whether I agree with any of the above acts (I don't), I don't think that people who do some of these things should be considered criminals. I also don't want someone monitoring my bedroom to see if I'm doing these things or doing anything else they think is "wrong". The United States is supposed to be a nation of freedom and even though I may completely disagree with something that someone else does, I respect their freedom to do so.

Remember that laws require punishment of crimes. Punishment is not "geting counseling" or "going to a psychiatric hospital". Punishment is imprisonment or fines or both. People who are "punished" by being placed into a psychiatric hospital are generally placed there because they are considered incapable of standing trial, or the hospital is truly a prison where the patients are criminals who are considered insane. This is where such a law will put necrophiliacs.

I agree that necrophiliacs need help to restrain their tendencies towards necrophilia. I suspect that, just like pedophiles, necrophiliacs will never be "cured" but, just like pedophiles, can at least be taught to restrain their actions to bring them in line with the rest of society. Unlike pedophilia, however, the only (living) person who is injured by the necrophiliac is the necrophiliac themselves. A law against necrophilia will serve to harm others (the necrophiliac's family, employees, etc. as well as the corpse's family).

Let me state this clearly. I find the thought of necrophilia repulsive. I am totally against this act. Making it illegal, however, will cost money, cause harm to people and will produce little good.

-- Jeff