As well as governing how people are treated when they are alive, the law in NSW has a number of provisions in place that restrict how bodies can be treated after death.
Indecently interfering with a dead human body, also known as indecently interfering with a corpse, comes under the offence of misconduct with regard to corpses, which covers a range of different activities in regard to human bodies and their disposal.
As with other offences like indecent conduct, a charge of indecently interfering with a corpse is dependent on the idea of what a ‘reasonable’ person would find offensive or indecent, and it can be something of a grey area.
If you have been charged with indecently interfering with a corpse, or misconduct regarding a corpse, it’s important to speak to a lawyer as soon as possible to find out what this means in your case, and how you should proceed.
What does misconduct with regard to corpses actually mean?
Misconduct with corpses can cover any inappropriate treatment of a dead body, including the disposal of human remains and mutilation of a body.
The definition of indecency with regard to corpses is the same legal definition that is used to apply to sexual offences. For a person to be convicted of indecently interfering with a dead human body, the prosecution needs to prove that the accused performed an act of a sexual nature on the corpse, or some other act that would be considered indecent by the accepted community standards of the day.
Not all charges of misconduct or interfering with a dead body are sexual in nature, in fact the majority of these types of charges relate to allegations of interfering with a body to conceal its presence or to dispose of it after a murder has taken place.
Cases in point
A person who is charged with murder may also be charged with interfering with a corpse, as was the case with Brisbane real estate agent Gerard Baden Clay, who was found guilty of murdering his wife and disposing of her body in a nearby creek.
In another case, a Geraldtown crematorium worker was charged with misconduct in relation to corpses in 2012 after it was discovered that he had been taking bones from the crematorium and disposing of them in nearby bushland.
To be charged with interfering with a corpse, there doesn’t even have to be any proof of physical contact.
Last year, a police officer was charged after texting a photograph of body parts to her boyfriend at the time.
Her defence was that she had been trying to provide him with some insight into the nature of her work, and although the magistrate stated that the officer had contravened police regulations, the charges were dismissed.
In Queensland, three men were charged at the end of last year with a number of charges including misconduct with a corpse after a man’s burnt skeletal remains were found in a forest. It was believed that he was killed over a drug dispute after days of torture and the body was burnt as a means of disposal.
What can you do if you are charged?
If you are facing charges of indecently interfering with a dead human body, it’s important that you seek legal advice from suitably qualified criminal defence lawyers as soon as possible.
This offence by itself comes with a maximum of two years’ imprisonment and a strong defence can help you to get the case dropped or thrown out of court, or if you choose to plead guilty, can lead to the magistrate treating you more leniently.
There are a number of defences to the charge of misconduct with a corpse and these can include having a lawful medical purpose, or if the person wasn’t dead at the time of the alleged interference
There may also be extenuating circumstances, including mental health problems or other issues that could encourage a judge or magistrate to treat you more leniently, and may even help you to avoid a criminal record altogether.
