Treating the body of a deceased person in a way that would upset the person's family is charged as Abuse of a Corpse. Having sex with a corpse would definitely meet that standard of mistreatment. A security guard was recently charged with this crime after begin caught having sex with a dead body in the storage room of a hospital. According to the report, the man worked as an unarmed security guard for the hospital, but has since been removed from the position. Since sex was involved, and obviously a dead body cannot consent – could this be charged as Sex Assault in Denver, Aurora, or Highlands Ranch? Let's take a closer look to find out.

Arapahoe County Abuse of a Corpse: Definition of Corpse Abuse in Douglas County

The Douglas and Arapahoe 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.

The security guard would be charged under subsection (b) if this had occurred in Colorado. As you can see, this subsection is very vague. It could cover anything from sexually assaulting a dead body to smudging the makeup or cutting the hair of the corpse without the family's permission (seriously, that has happened). As a class 2 misdemeanor, Corpse Abuse is punishable by 3 to 12 months in the Douglas County Jail and up to $1,000 in fines.

Can Sexual Assault be Charged for Having Sex with a Corpse in Adams and Jefferson County?

Sexual Assault is charged when there is a violation regarding consent, age, or relationship to the victim. In a case like the one above, consent would definitely be the issue. Colorado law defines consent as “cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act.” A corpse would not be able to consent and therefore cannot protest or offer nonconsent as well. Therefore, Sex Assault would not be charged.

If you or someone you love has been charged with a crime, 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 a free consultation. Together, we can protect your future.

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