Full story @ wcco.comThree men who dug up a young woman's corpse to have sex with it after seeing her obituary photo cannot be charged with attempted sexual assault because Wisconsin has no law against necrophilia, an appeals court ruled Thursday.
The men used shovels to reach her grave. They abandoned their plan and were eventually arrested after a vehicle drove into the cemetery and reported suspicious behavior, authorities said.
A judge was correct to dismiss the charges against twin brothers Nicholas and Alexander Grunke and Dustin Radke, all 21, because lawmakers never intended to criminalize sex with a corpse, the District 4 Court of Appeals said in a 3-0 ruling.
At issue is a provision in the sexual assault law saying criminal penalties apply "whether a victim is dead or alive at the time of the sexual contact or sexual intercourse."
The appeals court said the law was ambiguous but the most reasonable interpretation was that it does not ban necrophilia. Instead, the court said, the law was meant to make sure prosecutors could bring sexual assault charges in rape-murder cases in which the victim ends up dead.
Labels: necrophilia