New York Penal Law section 130.20 provides that a person is guilty of Sexual Misconduct (a class A misdemeanor) when that person “engages in sexual conduct with an animal or a dead human body.” See http://assembly.state.ny.us/cgi-bin/claws?law=82&art=29
Reminds me of an ex-GF who is still alive and well, though she appeared, during intimate times, to be rather…well nevermind. At least I know I am NOT into necro.
In Canada, necrophilia is a criminal offence. Section 182 of the Criminal Code provides:
Every one who
(a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
The major case on point is R. v. Ladue, [1965] 4 C.C.C. 264, 45 C.R. 287 (Yukon C.A.). When charged under this section, Mr. Ladue apparently offered a couple of different explanations as to why he thought she was alive, and therefore he would be not guilty. First, Mr. Ladue, a French-Canadian, said he thought she was English [ed. note - I’m not going to comment on that one], then he said that he thought she was sleeping.
The Yukon Court of Appeal pointed out that if either of those statements were true (which they appeared to doubt), then he was confessing to rape, which could not be a defence to this charge. They upheld his conviction for indecent interference.
Some time ago I ran into a discussion of a state passing such a law, and why they did it–and why the punishment is so severe.
In reality, it has nothing to do with necrophilia. What has happened is that there have been rape/murder cases where the rape part of the crime went unprosecuted–because they couldn’t prove that she was alive at the time of the rape, and there was no law against sex with a dead person.
This caused outrage, and thus a law punishing sex with a dead person the same as rape.
My mother was the friend of a woman whose abusive, moronic husband also happened to be an undertaker. This woman told my mother that he often asked her to take cold showers before they had sex, and lie very still.
[Martha Stewart]"…and be sure to save the leftover scraps. With the addition of a bouquet garni, they can be used to make an excellent stock. It’s a good thing."[/Martha Stewart]
(Spider–yup, it’s Gein. And when you think of how much energy it takes to manufacture even one human body using natural resources, recycling just makes sense. It’s good for the earth, and good for you!)