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This Week In "...THE FUCK???" 
15th-Jul-2008 08:28 am
Court: Wisconsin law bans sex with dead bodies
The ruling comes after 3 men were accused of trying to dig up body for sex
A ruling by the Wisconsin Supreme Court in Madison on Wednesday reinstated sexual assault charges against twin brothers Alexander and Nicholas Grunke, 20, of Ridgeway, Wis., and Dustin Radke, 20, of Dodgeville, Wis. The trio was accused of digging up a corpse so one of them could have sex with it.

MADISON, Wis. - Wisconsin law bans sex with dead bodies, the state Supreme Court ruled Wednesday in reinstating charges against three men accused of digging up a corpse so one of them could have sex with it.

The court waded into the grisly case after lower court judges ruled nothing in state law banned necrophilia. Those decisions prompted public outrage and a push by a state lawmaker to make sex with a corpse a crime.

In Wednesday's 5-2 decision, the high court said Wisconsin law makes sex acts with dead people illegal because they are unable to give consent.
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The ruling reinstates the attempted sexual assault charges against twin brothers Nicholas and Alexander Grunke and Dustin Radke, all 22. The charges carry a punishment of up to 10 years in prison.

Sex without consent
Justice Patience Roggensack, writing a majority opinion with three other justices, said state law bans sexual intercourse with anyone who does not give consent "whether a victim is dead or alive at the time."

"A reasonably well-informed person would understand the statute to prohibit sexual intercourse with a dead person," she wrote.

Jefren Olsen, an attorney who represented Radke, said the decision was flawed because the law was never intended to punish necrophilia.

"Obviously, the facts are rather notorious and not the easiest to deal with," he said. "I assume that had some impact."

Police say the three men, carrying shovels, a crowbar and a box of condoms, went to a cemetery in southwestern Wisconsin in 2006 to dig up the body of Laura Tennessen, 20, who had been killed the week before in a motorcycle crash.

Nicholas Grunke had seen an obituary photo of her and asked the others for help digging up her corpse so he could have sexual intercourse with it, prosecutors say.

Authorities say the men used shovels to reach her grave but were unable to pry open the vault. They fled when a car drove into the cemetery and were eventually arrested.

Attempted assault charges
The men were charged with attempted third-degree sexual assault and misdemeanor attempted theft charges. The case has been on hold as prosecutors appealed the dismissal of the assault charges.

Suzanne Edwards, a lawyer representing Nicholas Grunke, said she was disappointed in the decision. She said the men will be arraigned on the charges and have a chance to plead not guilty.

Attorney General J.B. Van Hollen, whose office represented prosecutors in the appeal, praised the decision.

"Words matter and the Legislature chose its words carefully to extend the sexual assault law to those heinous circumstances where a dead person is sexually assaulted, whether or not the defendant killed the victim," he said. "Necrophilia is criminal in Wisconsin."

The decision brings Wisconsin into line with more than 20 other states that prohibit necrophilia or the abuse of a corpse, according to the National Conference of State Legislatures. California joined the group in 2004 after prosecutors said they couldn't bring charges in some cases without an official ban.

The law in Wisconsin had been murky, and two dissenting justices insisted Wednesday that lawmakers did not mean to ban necrophilia but to allow assault charges when someone was raped and then killed.
15th-Jul-2008 12:46 pm (UTC)
Made me flash back to the good old 1970's when Ann Landers taught the entire US of A about necrophilia through her daily advice column.
15th-Jul-2008 03:58 pm (UTC)
For serious?
(Deleted comment)
15th-Jul-2008 07:57 pm (UTC)
Oh, no - this isn't drugs, dear - this is straight-up-mufuckin' CRAZY.
15th-Jul-2008 01:10 pm (UTC)
I got nothing except the creeps.
15th-Jul-2008 07:57 pm (UTC)
Heebity jeebies here.
(Deleted comment)
15th-Jul-2008 07:50 pm (UTC) - Re: "Was it good for you?"
15th-Jul-2008 01:30 pm (UTC)
Looking at them, I'd have to say the word "men" doesn't come to mind. This is a good example of why I think the legal age of adulthood should be raised to twenty-five. No, I'm not kidding.
16th-Jul-2008 03:32 am (UTC)
For serious.
15th-Jul-2008 02:29 pm (UTC)
Your tag says it all.
15th-Jul-2008 03:02 pm (UTC)
well nuts....there goes my tuesday night.
15th-Jul-2008 03:41 pm (UTC)
Hmm... while it's creepy and icky, I'm wondering why a corpse is considered to have 'rights' the way a living person does. It's an OBJECT. Assign a value, charge them with grand theft and vandalism, and let public ridicule take care of the rest.
15th-Jul-2008 09:06 pm (UTC)
Ah, but to be felony theft in Wisconsin, the corpse would have to be worth more than $500.

Then again, I suppose it depends on how much jewelry the body was buried with.

(Seriously, though, it's sad that these dudes could get ten years for attempted necrophilia, but it's next to impossible to get a sex assault conviction if the victim's been drinking. It's beyond sad.)
15th-Jul-2008 03:45 pm (UTC)
"Authorities say the men used shovels to reach her grave but were unable to pry open the vault. They fled when a car drove into the cemetery and were eventually arrested."

so... they didn't actually do anything? how disappointing... :p
15th-Jul-2008 07:51 pm (UTC)
"Fuckin' cockblockin' vaults, man..."
15th-Jul-2008 04:00 pm (UTC)
Two of them are the sons of a Methodist minister (the Grunkes). As I've been saying in my journal, it is clear that Methodism leads to necrophilia.
15th-Jul-2008 07:55 pm (UTC)
Um, duh - where were you?
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15th-Jul-2008 07:55 pm (UTC)
Indeed - not at all the ugly chick I was thinking also.
15th-Jul-2008 05:59 pm (UTC)
You've managed to leave me without words. Kudos.
15th-Jul-2008 07:54 pm (UTC)
15th-Jul-2008 06:41 pm (UTC) - i don't have an icon to go with this discussion
in a 5-2 decision?

"Now, wait a minute.. what's wrong with fucking a dead body?"

It's not about consent; it's about ewwwwfuckinggrosswhat'sthematterwithyouaryousickorsomething?gofuckalivebody,sickfuckmoronstinkingbastardfreak.

15th-Jul-2008 07:52 pm (UTC) - Re: i don't have an icon to go with this discussion
This is the state that produced Ed Gein, you know.

Yeah. Don't think about that one for too long or blood will fly out of your nose.

Edited at 2008-07-15 07:53 pm (UTC)
15th-Jul-2008 06:43 pm (UTC)
Someone also posted this story a few weeks back. I replied. I think what these guys did was bad.. but.. is it right to make a law, after the deed? There was no law before, so, they should be charged as to what they did or didn't do at the time of the laws! Example. A person out in public picks their nose and someone finds it utterly disgusting, humiliating, and heathanistic. Ok. so lets make a NEW law and charge them for it! Nope. Doesn't sound right in my book! Well.. the example isnt' that great either but it's what i could think of at the moment as to that crime!
15th-Jul-2008 07:54 pm (UTC)
You totally went from boogers to necrophilia. I love you.
15th-Jul-2008 08:52 pm (UTC)
Do you think this new law is good or bad?
15th-Jul-2008 10:14 pm (UTC)
I'm not sure I can get past the fact that they created this and retroactively used it as a means to prosecute. That I have a huge issue with.

As to whether it's good or bad, I'm not sure I even look at something like this in such terms. There's a moral argument to be made here for some. I wouldn't want to ever have to go through this kind of hell with a deceased family member on the heels of grief, but how exactly do you legislate such things concisely?
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