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Court: Wis. Law Bans Sex With Dead Bodies
CBS5.com ^ | 7-09-08

Posted on 09/29/2008 11:32:53 AM PDT by Renfield

MADISON, Wis. (AP) ― The Wisconsin Supreme Court on Wednesday reinstated sexual assault charges against three young men accused of digging up a corpse so one of them could have sex with it.

In a 5-2 decision, the court said Wisconsin law makes sex acts with dead people illegal.

The ruling reinstates third-degree 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.

A circuit court judge and an appeals court had dismissed those charges, saying Wisconsin law does not ban sex with a corpse. Those decisions prompted some outrage and a push by a state lawmaker to change the law to ban conduct known as necrophilia.

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, a public defender who represented Radke, called the decision dead wrong on the law, which he said 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 went to a cemetery in Cassville in southwestern Wisconsin in 2006 to remove the body of a 20-year-old woman 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 the concrete vault open. They fled when a car drove into the cemetery and were eventually arrested.

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.

In a dissent, Justice Ann Walsh Bradley called the conduct heinous and said it should be banned for public policy reasons. But she said lawmakers did not do that when they wrote the law in question in 1986.

She said the law was meant to allow prosecutors to bring sexual assault charges in rape-murder cases when they could not prove whether the victim was alive at the time of the rape.

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.


TOPICS: Crime/Corruption; Culture/Society; US: Wisconsin
KEYWORDS: corpse; necrophilia; sex; wisconsin

1 posted on 09/29/2008 11:32:57 AM PDT by Renfield
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To: Renfield

More bad news for Obama. A person in Wisconsin having sex with a corpse represents 2 Democrat voters.


2 posted on 09/29/2008 11:35:53 AM PDT by Question Liberal Authority (Don't call us, Barry. We'll call you.)
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To: Renfield

Sounds messy.


3 posted on 09/29/2008 11:37:03 AM PDT by 668 - Neighbor of the Beast
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To: Renfield

Isn’t this really a dead issue?


4 posted on 09/29/2008 11:37:39 AM PDT by Big Guy and Rusty 99 (Burn Hollywood, Burn! I feel a backlash going on.)
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To: Question Liberal Authority

and, here in Massachusetts, awaiting for the next step allowing marriage with (or between) them...


5 posted on 09/29/2008 11:37:53 AM PDT by C210N (The television has mounted the most serious assault on Republicanism since Das Kapital.)
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To: Renfield

Your name is appropriate for the post. This is just sick and I cannot believe there is not a law or morality that prevents this from happening...


6 posted on 09/29/2008 11:38:07 AM PDT by vetvetdoug
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To: Renfield
This has got to be one of the weirdest things I have every heard. It won't be long before Hollywood does of movie of something like this, simply for the disgust factor.

It does remind me of a story by William Faulkner. His "A Rose for Emily" is a very dark tale. But Faulkner had a very dark imagination.

7 posted on 09/29/2008 11:42:00 AM PDT by stripes1776 ("That if gold rust, what shall iron do?" --Chaucer)
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To: Renfield; Tijeras_Slim
DARNIT!!! There goes my weekend.
8 posted on 09/29/2008 11:43:08 AM PDT by CougarGA7 (Wisdom comes with age, but sometimes age comes alone.)
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To: Renfield

Democrats and other liberals are not going to like this!


9 posted on 09/29/2008 11:43:31 AM PDT by Iron Munro (Congress: every law they make is a joke and every joke they tell becomes a law.)
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To: Renfield

Few things are more disgusting then necropervs.


10 posted on 09/29/2008 11:44:39 AM PDT by L,TOWM (Mcwhatshisname/PALIN, '08!!!)
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To: vetvetdoug
Yes, it is amazing that there is a need to address this issue at all.

The victim, in better days...

11 posted on 09/29/2008 11:44:50 AM PDT by Renfield (Turning apples into venison since 1999!)
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To: Renfield

...And I hope there are STIFF penalties.


12 posted on 09/29/2008 11:46:26 AM PDT by coolbreeze (giving money and power to government is like giving whiskey and car keys to teen-age boys.)
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To: L,TOWM

The perpetrators.

I wonder if any of these fellows has trouble getting a date now? (Maybe not, if they are in prison...)

13 posted on 09/29/2008 11:47:35 AM PDT by Renfield (Turning apples into venison since 1999!)
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To: Renfield
In a 5-2 decision, the court said Wisconsin law makes sex acts with dead people illegal.

Well, don't you think that's being a little bit JUDGMENTAL????

/s

14 posted on 09/29/2008 11:49:39 AM PDT by HIDEK6
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To: Renfield
"a 5-2 decision" ?!?!? May the Lord have mercy on us (and especially on the two judges who kinda thought necrophilia might just be alright).
15 posted on 09/29/2008 11:50:45 AM PDT by so_real ("The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Renfield

The one on the right looks like a young Emo Phillips.


16 posted on 09/29/2008 11:52:04 AM PDT by Clemenza (PRIVATIZE FANNIE AND FREDDIE! NO MORE BAILOUTS!)
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To: stripes1776

Another typical day in Wisconsin. Ed Gein and Jeffery Dahmer were just the two they caught.


17 posted on 09/29/2008 11:52:43 AM PDT by MediaMole (If Plan A is to take multiple .338 shots to the back, you really need to come up with a Plan B.)
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To: Iron Munro
"Democrats and other liberals are not going to like this!"

Well, it damned sure ain't gonna do much for my dance card, either.

18 posted on 09/29/2008 11:53:34 AM PDT by diogenes ghost
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To: Renfield
isn't this just another sexual orientation? I mean it's obvious that these boys were born that way.
19 posted on 09/29/2008 11:58:08 AM PDT by CAPTAINSUPERMARVELMAN
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To: CAPTAINSUPERMARVELMAN

I’m obviously being sarcastic.


20 posted on 09/29/2008 12:00:00 PM PDT by CAPTAINSUPERMARVELMAN
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To: Renfield

my she’s dead cute . . . (Sorry!)


21 posted on 09/29/2008 12:00:04 PM PDT by Big Guy and Rusty 99 (Burn Hollywood, Burn! I feel a backlash going on.)
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To: Renfield

This is one of those things you wouldn’t think you would need a law against. Wow, just wow.


22 posted on 09/29/2008 12:00:54 PM PDT by YdontUleaveLibs (Reason is out to lunch. How may I help you?)
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To: CougarGA7

This explains why my buddy in Kenosha divorced his second wife.


23 posted on 09/29/2008 12:05:00 PM PDT by Tijeras_Slim
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To: MediaMole
Another typical day in Wisconsin. Ed Gein and Jeffery Dahmer were just the two they caught.

I have heard of Dahmer but had to look up Gein. Very gruesome. I wonder if Gein and Dahmer will be voting Democrat this fall.

24 posted on 09/29/2008 12:06:03 PM PDT by stripes1776 ("That if gold rust, what shall iron do?" --Chaucer)
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To: Renfield

But who is it hurting?

/sarc


25 posted on 09/29/2008 12:09:06 PM PDT by Silly (www.QuestionOthority.com, by Silly)
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To: Renfield

The title made me think they were talking about my ex.


26 posted on 09/29/2008 12:12:39 PM PDT by Pistolshot (Palin has run a state, city, and a business. NObama has only run his mouth.)
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To: Tijeras_Slim

It’s oppression by the MAN, ...man.


27 posted on 09/29/2008 12:19:09 PM PDT by CougarGA7 (Wisdom comes with age, but sometimes age comes alone.)
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To: diogenes ghost

Democrat arguement:

End discrimination against the dead.
They can vote and collect welfare checks.
Why can’t they have sex?


28 posted on 09/29/2008 12:23:47 PM PDT by Iron Munro (Congress: every law they make is a joke and every joke they tell becomes a law.)
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To: Renfield

Dammit; there goes my holiday in Wisconsin.


29 posted on 09/29/2008 12:58:57 PM PDT by TheThirdRuffian (Bomb, Bomb. Bomb! Bomb bomb Iran! Bomb. Bomb. Bomb! Bomb bomb Iran!)
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To: Iron Munro
"End discrimination against the dead...Why can't they have sex?"

HEAR...HEAR

About the only visitors we get are those pesky community organizers scrounging for voter registrations....a better class of visitors to our graveyards would be most welcome.

30 posted on 09/29/2008 1:19:45 PM PDT by diogenes ghost
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To: Renfield

As disgusting, vile, and outright sick as this act is, and I hope G_d will make sure that their lives are a living hell, this is sort of legislating from the bench. These guys didn’t commit a crime and for a court to trump up a crime to charge these sick creeps with is unconstitutional.

I hope they get free, but I also hope that everybody in their state and region knows that they screwed the body of what seemed to be a very beautiful, sweet young woman.

If karma serves its purpose, this law should be named after them, so everybody knows that they’re perverts.

Oh, by the way, I have a few friends in their area of Wisconsin. Word is, they’re not going to be very comfortable.


31 posted on 09/29/2008 2:29:34 PM PDT by TypeZoNegative (Pro life & Vegan because I respect all life, Republican because our enemies don't respect ours.)
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To: Renfield

Gives a whole new meaning to the words, “You are drop dead gorgeous my Dear.”


32 posted on 09/29/2008 2:39:12 PM PDT by N. Theknow (Obama without a teleprompter speaks in tongues.)
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To: Renfield

My prayer to the family and loved ones. I am sure they are as disturbed about this as I would have been. It is fortuitous that she was interred in a vault.


33 posted on 09/29/2008 4:50:41 PM PDT by vetvetdoug
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