Dead bodies are property. They are no longer people. Consent is inapplicable. Having sex with a dead body is no different than using an artificial vagina or a rubber doll. Suppose a man had a doll that looked just like his dead wife and fucked that ? No crime. All the laws we have are desecration of a dead body. There is no such thing as the rape of a corpse. All moral and religious based laws. Just like the laws against sodomy.
Fascinating.....you sure do know a lot about this.
I do. Too long a lawyer. This is somewhat mild.
Necrophilia is a crime in most states. So, in addition to being utterly gross, it does have legal consequences.
Necrophilia is illegal in 28 states. Wouldn't you think it would be more? It is legal in Massachusetts and the fight is on to fashion a law against it.
The fact that it is gross should not even be a consideration. Butt sex of any kind is gross to most people. You don't get to decide what is gross for someone else.
When you start controlling the sex lives of others, it isn't as clear as you might think. Laws against necrophilia cant last for more than a few years.