Does a crime of rape, kidnapping require a live victim?
California, United States of America
The following excerpt is from People v. Brooks, 2 Cal.5th 674, 216 Cal.Rptr.3d 528, 393 P.3d 1 (Cal. 2017):
crime of rape, kidnapping requires a live victim. For this proposition Hillhouse cited People v. Kelly (1992) 1 Cal.4th 495, 524, 3 Cal.Rptr.2d 677, 822 P.2d 385, which explained that the crime of rape requires a live victim because rape is an act of intercourse against a person's will and a dead body cannot consent to, or protest against, the intercourse.
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