Home U.S. NEWS Sandia Park Republican calls for bill to ban necrophilia

Sandia Park Republican calls for bill to ban necrophilia

Sandia Park Republican calls for bill to ban necrophilia

December 29 – New Mexico is one of the few states where necrophilia is not outright banned. State Representative Stefani Lord wants to change that.

The Sandia Park Republican said she began drafting a bill after learning during a seminar on crimes against children that New Mexico was one of the few states that had not criminalized the sexual desecration of human remains, which made it difficult to prosecute what she described as a horrific case of crimes against children.

“Someone in law enforcement brought up a case where someone was raped after they were murdered and they couldn’t press charges [the suspect] with rape because it’s not illegal in New Mexico, and it honestly made me sick to my stomach,” she said.

“It is simply obscene that we have done nothing to make this an illegal act in New Mexico,” Lord added.

Lord said she hopes the Legislature will consider her proposal during the 30-day session that begins in January. But she needs the public’s help.

Unlike 60-day sessions, in which all lawmakers can introduce bills on any issue, 30-day sessions focus on the budget. The Governor’s approval is required to add additional items to the agenda.

“I’m taking this to the press and social media and asking people to put pressure on their legislators, senators and the governor because this should be easy and quick.” [and] won’t take any time,” Lord said.

In 2021, the New Mexico Supreme Court upheld a Clovis man’s convictions for first-degree murder and for raping the victim after her death.

“In a landmark decision, the court unanimously concluded that a murder victim does not need to be alive at the time of a rape to be convicted under the Criminal Sexual Penetration Act,” a press release issued at the time said. “In the Clovis case, Lorenzo Martinez fatally stabbed the victim and an hour later took her body to his bedroom, undressed her and had sexual intercourse twice.”

Martinez argued in his appeal that New Mexico law requires that a rape victim be alive at the time of the crime for the criminal law to apply. The state Supreme Court disagreed.

“It is important to articulate that [criminal sexual penetration statute] “Extends protection to victims who are incapable of expressing consent,” the court concluded in an opinion written by Judge David K. Thomson he killed the victim.”

The Martinez case was the first time the court had considered the issue. In the statement, Thomson noted that the state currently “does not prohibit the act of necrophilia or abuse of a corpse.”

Lord said her bill would leave no doubt that necrophilia was prohibited by law. It would create three new crimes: criminal sexual penetration of a dead human body, a second-degree felony; criminal sexual contact with a dead human body, a felony of the third degree; and criminal desecration of a dead human body, a fourth-degree felony.

Their proposal comes nearly a year after lawmakers passed a law establishing the crimes of sodomy, aggravated sodomy and promoting sodomy. At the time, New Mexico was one of two states that had no law against bestiality. The other was West Virginia, which remains the only state without a law banning sexual assault on animals, according to the Animal Legal Defense Fund.

The bestiality bill passed the House earlier this year without input from lawmakers who did not want to make a spectacle of such a horrific topic, and Gov. Michelle Lujan Grisham signed the bill into law.

Lord said necrophilia is also difficult to talk about.

“But it’s important,” she said. “I will speak for people who have been raped or assaulted after their death and I will be their voice. As unpleasant as this topic is, I will make sure I stand with them” and ensure this bill is passed.

“I can’t see any reason why anyone should vote no,” she said. “It should just go through and it should be a very simple thing that would take very little time this session.”

Lord said she doesn’t know whether necrophilia is an isolated or widespread problem in New Mexico.

“I haven’t researched how widespread it is and I wouldn’t even know where to find the data because it’s not a crime,” she said. “But even if it’s just one person, that’s a problem.”

Follow Daniel J. Chacón on Twitter @danieljchacon.


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