NNN Reporters Newsroom Forum  

Go Back   NNN Reporters Newsroom Forum > Post breaking news links on minority and migrant crime

Notices

Reply
 
Thread Tools Display Modes
  #1  
Old 02-25-2021, 03:27 PM
Unregistered
Guest
 
Posts: n/a
Default ˇHispanish man guilty of rape even though he killed her first!

https://www.krqe.com/news/crime/supr...e-convictions/

Supreme Court upholds Clovis man’s murder and rape convictions
Posted: Feb 25, 2021 / 03:16 PM MST/ Updated: Feb 25, 2021 / 03:16 PM MST

SANTA FE, N.M. (KRQE) – The state Supreme Court upheld a Clovis man’s convictions on Thursday for first-degree murder and raping the victim after she had died. In a precedent-setting decision, the court unanimously concluded that a victim does not need to be alive during the time of rape for a conviction under the law against criminal sexual penetration.

Back in 2017, 54-year-old Lorenzo Martinez fatally stabbed a woman, then moved her body to his bedroom and had sexual intercourse with the body twice. In Martinez’s appeal, he argued that New Mexico law required the rape victim to be alive at the time of the crime for the criminal statute to apply. The high court disagreed.

According to a press release, this is the first time the state’s highest court had addressed the legal issue. The Court noted in its decision that the state currently “does not prohibit the act of necrophilia or abuse of a corpse. Further, ensuring that the law affords due respect and dignity to the dead in cases where the body of a dead person is sexually penetrated or otherwise used for sexual purposes where the perpetrator did not first kill the victim is a responsibility that we invite the legislature to undertake,” the Court wrote.

Martinez was sentenced to life imprisonment, requiring him to serve at least 30 years before becoming eligible for parole. Martinez suffered from schizophrenia, and expert witnesses for the defense and the prosecution disagreed at trial whether he lacked control over his actions due to his illness.

Martinez also argued that his schizophrenia prevented him from forming the “deliberate intent” to commit the killing, which is necessary for first-degree murder. However, the Court determined that there was enough evidence for the jury to find that Martinez possessed the required deliberation

Last edited by Whitebear; 02-28-2021 at 09:20 AM.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -7. The time now is 08:31 PM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2021, vBulletin Solutions, Inc.