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Can a Dead Person Be Charged with Rape

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  • 08-10-2017, 11:40 AM
    CuriousInTX
    Can a Dead Person Be Charged with Rape
    My question involves criminal law for the state of: TEXAS
    Can a dead man be charged with rape when there is confirmed DNA tests through immediate family - and testimony on both sides that he had a history of sexual assault that went unreported? There is no monetary agenda here. I just want my deceased mother to get the justice she deserved AND to have it recorded legally that I was the result of this assault.
  • 08-10-2017, 11:56 AM
    Dogmatique
    Re: Can a Dead Person Be Charged with Rape
    Quote:

    Quoting CuriousInTX
    View Post
    My question involves criminal law for the state of: TEXAS
    Can a dead man be charged with rape when there is confirmed DNA tests through immediate family - and testimony on both sides that he had a history of sexual assault that went unreported? There is no monetary agenda here. I just want my deceased mother to get the justice she deserved AND to have it recorded legally that I was the result of this assault.

    No. Sorry.
  • 08-10-2017, 12:36 PM
    adjusterjack
    Re: Can a Dead Person Be Charged with Rape
    Quote:

    Quoting CuriousInTX
    View Post
    There is no monetary agenda here.

    Why not?

    Money is often a good way to get compensated for somebody's wrongdoing.

    If, by chance, this guy died without a will you, as a biological heir, could be entitled to a piece of his estate, if there is anything worth going after.

    Start by checking the probate court to see if there is a probate case file. It's public record. If there's a will that doesn't mention you, you are out of luck.

    But if probate was intestate or no probate at all, you might have a shot.
  • 08-10-2017, 01:22 PM
    flyingron
    Re: Can a Dead Person Be Charged with Rape
    A dead person can't be prosecuted because he's entitled to defend himself which he can't possibly do if he's dead. Aaron Hernandez learned this. It's a bold move, Cotton. Let's see how it plays out for him.
  • 08-10-2017, 01:41 PM
    Dogmatique
    Re: Can a Dead Person Be Charged with Rape
    Quote:

    Quoting flyingron
    View Post
    A dead person can't be prosecuted because he's entitled to defend himself which he can't possibly do if he's dead. Aaron Hernandez learned this. It's a bold move, Cotton. Let's see how it plays out for him.

    It doesn't help that the complaining witness is also deceased ...

    ... but to touch on Hernandez for a second, his case is a bit different. abatement ab initio ("from the beginning" - essentially returning the defendant's status to what it was before the trial) is still automatic in Mass. when the defendant dies before he has exhausted his appeals. The state holds that the conviction isn't "final" until those appeals are all done and dusted. The DA has appealed, though I haven't looked to see where the appeal is right now.

    /hijack (because that particular oddity of law fascinates me for some reason)
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