Sexual Activity with the Corpse of a Human Being

Have you been charged with Offence to Interfere with Corpse of A Human Being?

Section 34B of the Crimes Act 1958 outlines the offence as follows, a person commits an offence if they intentionally engage in an activity involving the corpse of a human being that is sexual in nature, or unlawfully remove body parts from a corpse.

What the Prosecution Must Prove:

For the prosecution to secure a conviction, they must establish the following elements:

1. You intentionally interfered with the corpse or committed an indecent act with it.
2. You unlawfully removed body parts from the corpse.

Penalty for sexual activity with a corpse:

The maximum penalty for this offence is Level 6 imprisonment, with a maximum term of 5 years.

Where Will My Case Be Heard?

Cases involving interference with a corpse are typically heard in the Magistrates’ Court of Victoria.

Factors and defences to consider:

• Did you intend to interfere with a human corpse?
• Did you commit an indecent act with the corpse?
• Did you remove any body parts from the corpse?
• Did you act alone or with others?
• Were you coerced or threatened under duress into these activities?
• What were the surrounding circumstances of this offence?

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• Sexual Assault by Compelling Sexual Touching
• Assault with Intent to Commit a Sexual Offence
• Threat to Commit a Sexual Offence
• Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
• Administration of an Intoxicating Substance for a Sexual Purpose
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
• Causing or Allowing a Sexual Performance Involving a Child
• Inciting or Offering a Sexual Performance Involving a Child
• Facilitating a Sexual Offence Against a Child
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

What happens next?

It is imperative to obtain the services of an experienced criminal lawyer without delay. Effective preparation is vital for a successful outcome, so do not wait until the last minute to seek legal advice.

If you have been charged with the offence of interfering with a corpse, make an appointment with one of our skilled lawyers today on 1800 130 120 to discuss your case and explore your options.