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  1. #5
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    Default Re: Can a Dead Person Be Charged with Rape

    Quote Quoting flyingron
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    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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