S70. Sexual penetration of a corpse
Date Updated: January 2012
Title: Sexual Offences
Offence: Sexual penetration of a corpse
Legislation: Sexual Offences Act 2003 - S70
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 2 years
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
Necrophilia is associated with 'other very deviant behaviour', and killers who use the bodies of their victims for sexual gratification cannot, under the existing law, be formally recognised as, or treated as, sexual offenders.
A pre-sentence report (and in some cases a psychiatric report), which can identify sexually deviant tendencies, will be extremely helpful in determining the most appropriate disposal. It will also help determine whether an offender would benefit from participation in a programme designed to help them address those tendencies.
Aggravating & Mitigating Factors
Aggravating
- Distress caused to relatives or friends of the deceased
- Physical damage caused to body of the deceased
- The corpse was that of a child
- The offence was committed in a funeral home or mortuary
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
Type/nature of activity: Repeat offending and/or aggravating factors
Starting points: 26 weeks custody
Sentencing ranges: 4 weeks - 18 months custody
Type/nature of activity: Basic offence as defined in the SOA 2003, assuming no aggravating or mitigating factors
Starting points: Community order
Sentencing ranges: An appropriate non-custodial sentence
'Non-custodial sentence' in this context suggests a community order or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluded from imposing a financial penalty where that is determined to be the appropriate sentence.
Ancillary Orders
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
Consider Also
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
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