Having sexual contact with someone when they do not consent is charged as Sexual Assault in Denver, Arapahoe, and Douglas County. But, if the person is dead, does that meet the criteria of the crime? This came to mind after reading a news article about a man who had sex with his dead girlfriend. According to the report, the man thought she was just sleeping or coming out of a drug stupor, and she didn't like having sex with him, so he thought it would be a good way to wake her up. He said he heard her gurgling and when she didn't rouse, called his neighbor for help. It was determined that she had been dead for hours. So, would it be charged as Sexual Assault if this had occurred in Denver, Castle Rock, or Aurora? Probably not. Likely, it would be charged as Abuse of a Corpse.
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Adams County Abuse of a Corpse Attorney: Definition of Abuse of a Corpse in Jefferson County
The Adams and Jefferson County, Colorado law definition of Abuse of a Corpse – C.R.S. 18-13-101 – is:
“(1) A person commits abuse of a corpse if, without statutory or court-ordered authority, he or she:
(a) Removes the body or remains of any person from a grave or other place of sepulcher without the consent of the person who has the right to dispose of the remains pursuant to section 15-19-106, C.R.S; or
(b) Treats the body or remains of any person in a way that would outrage normal family sensibilities.”
Obviously, as in the case above, having sex with a dead person would not fall within normal family sensibilities. While ‘normal family sensibilities' may seem vague, I don't really think there would be much of an argument in this case.
Sentence for Abuse of a Corpse in Aurora and Arapahoe County
As a class 2 misdemeanor in Aurora and Arapahoe County, Abuse of a Corpse is punishable by 3 to 12 months in the Arapahoe County Jail and up to $1,000 in fines. Often class 2 and class 3 misdemeanors can be resolved with sentences not requiring any confinement.
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If you or a loved one has been charged with Abuse of a Corpse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule your free consultation. Together, we can protect your future.Request a Free Consultation
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