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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Offence to Perform Female Genital Mutilation
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Intention of Having Prohibited Female Genital Mutilation Performed
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Sexual Activity with the Corpse of Human Being
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Rape or Rape by Compelled Penetration
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Sexual Assault
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Sexual Assault by Compelling Sexual Touching
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Assault with Intent to Commit a Sexual Offence
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Threat to Commit a Sexual Offence
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Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
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Administration of an Intoxicating Substance for a Sexual Purpose
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Failing to Comply with Sex Offender Reporting
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Abduction or Detention for a Sexual Purpose
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Furnishing False or Misleading Information
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Indecent Act with a Child Under the Age of 16
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Sexual Activity Directed at Another Person
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Sexual Penetration of a Child Under the Age of 12
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Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
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Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
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Persistent Sexual Abuse of a Child Under the Age of 16
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Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
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Grooming for Sexual Conduct with a Child under the Age of 16
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Loitering Near Schools Etc by a Sexual Offender
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Failure by a Person in Authority to Protect a Child from a Sexual Offence
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Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
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Causing or Allowing a Sexual Performance Involving a Child
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Inciting or Offering a Sexual Performance Involving a Child
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Facilitating a Sexual Offence Against a Child
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Sexual Penetration of a Child or Lineal Descendent
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Sexual Penetration of a Stepchild
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Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
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Sexual Penetration of a Sibling or Half-Sibling
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Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
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Child in the Production of Child Abuse Material
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Distributing Child Abuse Material
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Administering a Website Used to Deal With Child Abuse Material
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Accessing Child Abuse Material
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Assisting a Person to Avoid Apprehension
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Sexual Assault of a Person with Cognitive Impairment or Mental Illness
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Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
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Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
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Aggravated Sexual Servitude
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Deceptive Recruiting for Commercial Sexual Services
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Bestiality
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Child Stealing
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Bigamy
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Abortion Performed by Unqualified Person
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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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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au