Quote:
Originally Posted by daswig
Ability to consent? What if the person leaves their mortal remains to the potential spouse for the purposes of necrophelial marriage? What if the child's guardian consents to it for them? What if the child's guardian is the person seeking to marry the child? What about cultures where the societal norm is for girls to wed in arranged marriages between the ages of 7 and 10 years old? You say inanimate objects can't give consent...does that mean that a person who uses a sex toy is raping it? Or that a person who has sex with an animal is raping the animal, despite the fact that legally the animal is property?
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Like I said, yes there are special circumstances. A parent can sign a contract that is validated through the court system that allows a child to marry and have sex legally, so as to avoid stagitory charges. Those are the exception, not the rule. I'm not sure the court would allow someone to leave their remains to someone for sexual or marriage reasons, it really depends on how open minded the judge is. After a person dies, legally their body becomes property. Can you marry property? No. You cannot marry a dog or dead person or sock or loaf of bread because they do not have any legal standing as far as matrimony is concerned. Animals have limited rights, but that does include abuse (rape is a type of abuse). If you were to have sex with an animal, it is considered both illegal because of beastiality laws and illegal as animal abuse. Entering into a marriage with an animal would really do nothing as you already have visitation rights and such being their owner. As having children with a dog is impossible, childrens rights would not come up (that also applies to inatimate objects and dead people).
Gay people can reproduce if they so choose by adoption or a third party donator (sperm or egg, depending on the gender of the partners). A dog, dead person, or inatimate object cannot legally own property or be a parent to human children.
I hope that clears it up.
Edit: If a parent gives a last wish for a child (such as who the child will stay with, or wills, or what have you) that is to be respected by the court, it is considered that the parent was alive when the order was given, so it is not a wish or request from a dead person. Someone who is dead does not have legal rights to anything after the death that was not arranged while he or she was alive.