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Originally Posted by zteccc
Ok, let's call it a felony. The consequences of a felony are:
1) A minimum of 1 year and 1 day incarceration (possibly in a mental wing of a prison or in a hospital for the criminally insane).
2) Loss of certain citizenship rights including the right to vote or hold public office.
3) A criminal record which will make it difficul for the offender to hold a job and make it impossible for the offender to hold certain jobs.
Now, from a logical standpoint, is this an appropriate penalty for one who is admittedly disturbed but whose only negative act is to have sex with a corpse?
Next we look at the "injured". The family suffers mental anguish (assuming they ever find out). That is grounds for a civil case, but not necessarily grounds for a criminal case. Without personal injury or property damage, no crime has acutally been comitted. So again, you have two choices, either the corpse is a person with rights (and therefore the corpse is the victim), or the corpse is "property". Which is it?
I'd also like to see your answers to the rest of the questions I've posed. For example, you wrote that they need to be incarcerated to a "mental institute" [sic], but for how long? Under what conditions should they be released? How do we evalutate the success of their rehabilitiation?
I'm also really interested in what you see the damage to society their "crime" is.
Normally, laws (especially moralistic ones) are written to deal with some important negative impact to society. For example, laws banning smoking in restaurants in California, were passed largely because of the negative impact that smoke, including secondhand smoke, has on health. In short, society's "right" to remain healthy superceded the right of smokers to smoke in a restaurant. This is very important. Without such a negative impact to society, then the "crime", if any, would simply be an unreasonable suspension of freedom.
Personally, I suspect that if necrophilia is to be considered a crime, that at the worst it should be a misdemeanor. That said, we'd still be attaching a criminal record to someone because of mental illness. Generally speaking, being ill is not a crime, so you'd be opening a can of worms by doing that (how long before other illnesses were considered crimes?).
-- Jeff
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Ok Jeff......do you have children????? I know if my child died, that would be horor enough!! To find out that thier body had been sexually violated by some sick pervert....would drive any parent over the line!!! If appropriate laes are not put into place, you would be asking for major trouble!!! People would start taking the law into thier own hands!! I would kill the sick asshole that did that to my child or family member if the judicial system did not impose a strick sentence on them!! ANY parent out there would be driven to extract some for of punishment from the guilty party!!!!
As for what the penalty should be...that would take more than just a moment in time to determine....I do say that a minimum sentence should be incarceration to a mental facility...the time frame of that incarceration I have not decided on. As to what phase of thier rehabilitation would they be considered safe to society and released....I am not a phyciatrist so I am not well enough educated to consider making a diagnosis for that.
In today's society, we can lock someone up for doing drugs...(not that I ampove of drug use)......but someone that violates not only the body of a loved one...but creates considerable mental anguish to the family through saturating thier memories of that loved one being grossly violated!!
As for the impact on society they may have........do you want someone with that mental condition in your house??? Standing beside your child in the grocery store.....working in the morgue...the funeral home????? Should they be allowed to hold positions such as those I mentioned??? Should they not be classified as a sexual offender????
Would you want someone who has committed this sick act running for office in your Country...let alone running the country......I would think not....and in my belief thier mind is indeed mentaly incapacitated...therefor: unable to make sound decisions as to who would be appropriate to sit in office....hence..they should have thier voting rights revoked!
We may have to agree to dissagree on this subject matter, as I will never...NEVER waver from my moralistic views on this point!!
I agree you have the right to your opinion as well, and in your world it is right...as in my world mine is.....neither being right....neither being wrong.
I thank you for your views and appreciate the great thought that you have dedicated to this subject, and do not disrespect your views, only disagree.
Yours truly
Victoria
aka Giggley Girl