The Judicial Implications of Necrophilia

Nico P. Swartz *

Department of Law, University of Botswana, Private Bag 00705, Botswana, Gaborone, Botswana

*Author to whom correspondence should be addressed.


In many countries there are no laws that address the necessary legalities about necrophilia. This legal incapacity hinders states to prosecute individuals who are caught having sex with dead bodies. As a result necrophilic sex acts are not illegal. The lethargy of the law in regard to some states or countries to protect the dead is deplored in this study. A mind-shift is eventually contrived in State v Ryan. It is only in response to this case that some states start to promulgate legislation in re the criminalization of necrophilic acts. People who perform necrophilia, not only adds to the sorrow of grieving family members, but also infringes other cultural norms. The research emphasizes therefore that it is long overdue that action be taken to criminalize necrophilia in general.


Keywords: Necrophilia, criminalize, sexual inadequacy, dead, corpse

How to Cite

P. Swartz, Nico. 2015. “The Judicial Implications of Necrophilia”. Advances in Research 5 (2):1-7.


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