Legal Question in Criminal Law in California
Rape and murder
To be cahrged with rape, does California require the victim to be living?
Asked on 8/14/02, 12:47 pm
3 Answers from Attorneys
Jacqueline Goodman Rubio
Law Offices of Jacqueline Goodman Rubio
Re: Rape and murder
To be charged with rape does the victim need to be living (at the time of the charge/trial)? No.
If you're asking about at the time of the actual rape, the answer is: it depends, but probably not. If you'd like to call me to give more detailed information about your question, I can give you a clearer answer: 800-515-0233 or email at [email protected]. Good luck.
Answered on 8/16/02, 10:30 am
Terry A. Nelson
Nelson & Lawless
Re: Rape and murder
If not, then the charge would be necrophelia. I assume you meant currently living. Conviction would be tough without a victim to testify, but could possibly be done through witness hearsay exceptions. You better get an attorney.
Answered on 8/15/02, 1:49 pm
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