Sexual Activity with the Corpse of a Human Being

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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:

You intentionally interfered with the corpse or committed an indecent act with it.
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?

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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.

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