Damon Mcknight
Necrophilia, or sexual attraction to or acts involving corpses, is considered taboo and stigmatized across cultures. While it is classified as a paraphilia by the World Health Organization (WHO), the legal status of necrophilia varies internationally. In Australia, while necrophilia is considered a criminal offense, the law does not explicitly mention it. Instead, each state has its own laws regarding punishment, with New South Wales imposing penalties of detention and fines for misconduct concerning corpses.
| Characteristics | Values |
|---|---|
| Is necrophilia illegal in Australia? | Yes |
| Is necrophilia explicitly mentioned in Australian law? | No |
| Which law penalizes necrophilia in Australia? | New South Wales' Crimes Act 1900 – Sect 81C |
| What is the penalty for necrophilia in Australia? | Detention from 1 to 3 years plus a fine |
| Are there inconsistencies in the prosecution and punishment of necrophilia across different jurisdictions? | Yes |
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What You'll Learn
Necrophilia is illegal in Australia
Necrophilia, or sexual attraction to or sexual acts involving corpses, is considered a criminal offence in Australia. While there is no federal law that explicitly mentions necrophilia, each state in Australia has its own laws regarding punishment for the act.
In New South Wales, for example, the Crimes Act 1900 – Sect 81C penalises any person who indecently or improperly interferes with, or offers any indignity to, any dead human body or remains, whether buried or not. The penalty for such an act includes detention from one to three years, as well as a fine.
Despite the existence of these laws, the topic of necrophilia remains a highly taboo and stigmatised subject in Australian society, as it does in many other cultures around the world. The rarity of necrophilia, as well as its taboo nature, presents unique challenges for legislators and legal practitioners in Australia and elsewhere.
In 2018, a Greens candidate for an inner-Sydney state seat, Mr Raue, wrote an article advocating for the legalisation of sexual interference with corpses. He argued that if a person gives permission for their corpse to be used for sex and the family has no issue, there should be no harm in it. Mr Raue's article sparked outrage among other politicians, with some calling for him to be disendorsed by the Greens party. Mr Raue later claimed that the article was meant as a joke.
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It is not explicitly mentioned in Australian law
While necrophilia is considered a criminal offence in Australia, it is not explicitly mentioned in Australian law. However, under the New South Wales Crimes Act 1900, Section 81C, any person who indecently or improperly interferes with, or offers any indignity to, a dead human body or remains (whether buried or not) can be penalised for misconduct. This means that even if the act of necrophilia itself is not specifically prohibited, individuals who engage in such acts can still be convicted and punished under this law.
The absence of explicit mention of necrophilia in Australian law has sparked some controversial discussions and opinions. In 2018, a Greens candidate and former worker for Upper House Greens MP David Shoebridge, Mr. Tom Raue, wrote an article advocating for the legalisation of sexually interfering with corpses. Raue argued that if a person gives permission for their corpse to be used for sex and the family has no objections, there should be no harm in it. He described necrophilia as "one of the most taboo sexualities in almost every society" and acknowledged that while it is illegal in Australia, he wanted that changed. Raue's article sparked outrage among NSW politicians, with a Macquarie Street MP referring to Raue as a "political corpse" and calling for his disendorsement. In response to the backlash, Raue claimed that his article was a joke and that he had previously written similar pieces as a humorous response to claims made by Cory Bernardi regarding equal marriage.
The controversy surrounding Raue's article highlights the complex nature of addressing necrophilia in legal frameworks. While some may argue for individual freedom and the harmless nature of the act if consent is given, others view necrophilia as deeply stigmatised and offensive, warranting legal prohibition. This ambiguity in public opinion and the absence of explicit mention in the law can lead to inconsistencies in prosecution and punishment, as seen in other countries like India.
To address these challenges, clear and robust legal provisions are necessary. Legislators and legal practitioners must carefully consider the ethical, moral, and legal implications of necrophilia to establish appropriate sanctions. While Australian law currently criminalises necrophilia, the lack of explicit mention leaves room for interpretation and potential loopholes. By recognising the sensitivities surrounding this topic, lawmakers can strive to balance the need for justice with respect for cultural and social norms.
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Each Australian state has its own laws regarding punishment
While necrophilia is considered a criminal offence in Australia, it is not explicitly mentioned in Australian law. However, each Australian state has its own laws regarding the punishment for necrophilia.
In New South Wales, for example, the Crimes Act 1900 – Sect 81C, penalises any person who indecently or improperly interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not. The penalty for such an offence includes detention from one to three years, as well as a fine.
Although sex with a corpse is not explicitly stated in the above article, a person who engages in such an act may still be convicted of a crime. The legal asset protected in this case is not the corpse's objective honour, but rather the feelings of good memories, respect, and veneration that the living hold for the deceased.
Another example of state-based punishment for necrophilia in Australia is the case of a Greens candidate for an inner-Sydney state seat, Mr Raue, who advocated for the legalisation of sexual interference with corpses. Mr Raue argued that if a person gives permission for their corpse to be used for sex and the family has no issue with it, then there should be no harm. However, his article sparked outrage among NSW politicians, with a Macquarie Street MP referring to Mr Raue as a "political corpse" and calling for his disendorsement. Mr Raue later claimed that the article was a joke, similar to a previous article he wrote arguing for the legalisation of bestiality.
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![Tales of Necrophilia [Explicit]](https://m.media-amazon.com/images/I/71eMKvwF1mL._AC_UY218_.jpg)
A politician has called for it to be legalised
In Australia, necrophilia is considered a criminal offence, with each state determining its own laws regarding punishment. While necrophilia is not explicitly mentioned in Australian law, a person who has sex with a corpse may be convicted of a crime under Article 212 of the New South Wales Crimes Act 1900, which penalises those who indecently or improperly interfere with any dead human body or remains.
In a controversial move, an Australian Greens candidate, Tom Raue, previously called for the legalisation of necrophilia. Raue, running for a state seat in Sydney, wrote an article stating that necrophilia is "harmless" and should be made legal. This sparked outrage and controversy, with some questioning the ethical and moral implications of such a suggestion. Raue has since claimed that his articles were "a joke", similar to his previous campaign to legalise bestiality.
The call for the legalisation of necrophilia in Australia has sparked debates and raised complex ethical, legal, and moral questions. While some may argue for individual freedoms and consent, others highlight the importance of respecting the deceased and preserving the dignity of the dead. The impact on the feelings of the living, such as the family and loved ones of the deceased, is also a crucial consideration.
The history of necrophilia is intriguing, with sporadic accounts throughout ancient history. Ancient civilisations, such as the Egyptians, implemented strategies to discourage intercourse with corpses. The legal landscape regarding necrophilia varies internationally, with some countries having explicit statutes and stringent penalties, while others, like India, have ambiguous legal frameworks, leading to inconsistencies in prosecution.
The World Health Organization (WHO) and the American Psychiatric Association classify necrophilia as a paraphilia, underscoring the need for clear and robust legal provisions to address this complex and stigmatised act.
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It is considered one of the most taboo sexualities in almost every society
Necrophilia, or sexual attraction to or acts involving corpses, is considered one of the most taboo sexualities in almost every society. While it is a rare occurrence, it raises profound legal, ethical, and moral questions, challenging legal systems worldwide.
In Australia, necrophilia is not explicitly mentioned in the law, but it is considered a criminal offense, with each state having its own laws regarding punishment. For example, in New South Wales, a person who indecently or improperly interferes with a dead human body can be penalized under the Crimes Act 1900.
The taboo nature of necrophilia is evident in its deep stigmatization and the ambiguous legal frameworks surrounding it in many jurisdictions, including India. The act is seldom discussed, and when it is, it is often in relation to notorious criminal cases, such as American serial killer Jeffrey Dahmer, who was a necrophiliac.
The origin of necrophilia is not well understood, and researchers have proposed various theories, including biological and psychoanalytical explanations. Some suggest that it may be related to algolagnia, where negative emotions are transformed into sexual desire. Others propose that it could be due to unconscious suppressed hostility toward parental figures or sadistic impulses.
The rarity of necrophilia also contributes to its taboo nature. It is often associated with sexual homicide, but it is even rarer than that, occurring in less than 1% of sexual homicides. The true prevalence of necrophilia is unknown, as it is usually carried out in secret, and those who fantasize about it may never act on their desires.
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Frequently asked questions
Yes, necrophilia is considered a criminal offense in Australia, with each state having its own laws regarding punishment. However, necrophilia is not explicitly mentioned in Australian law.
Under New South Wales' Crimes Act 1900 – Sect 81C, a person who indecently or improperly interferes with any dead human body can be penalized with detention from 1 to 3 years, plus a fine.
In 2018, a Greens candidate for an inner-Sydney state seat, Mr. Raue, wrote an article advocating for the legalization of sexually interfering with corpses. He described necrophilia as a taboo sexuality and argued that it should be allowed if a person gives permission for their corpse to be used for sex and the family has no issue with it. However, he later claimed that the article was a joke.
