SHOVELS, A CROWBAR & A BOX OF CONDOMS
Armed with shovels, a crowbar and a box of condoms, the men went to a cemetery in Cassville in southwestern Wisconsin in 2006 to remove the body of a 20-year-old woman killed the week before in a motorcycle crash, police said.
One of them had seen an obituary photo of the pretty nursing assistant and asked the others for help digging up her corpse so he could have sexual intercourse with it, prosecutors said. They used the shovels to reach her grave but were unable to pry the concrete vault open and fled after a car drove into the cemetery.
The men were discovered by a police officer responding to reports of a suspicious vehicle in the cemetery and charged with attempted sexual assault and theft.
A judge dismissed the assault charges, saying Wisconsin law does not criminalize necrophilia. An appeals court upheld that decision, ruling state law was ambiguous on that point but the most reasonable explanation was that it did not.
The court waded into the grisly case after lower court judges ruled nothing in state law banned necrophilia. Those decisions prompted public outrage in Wisconsin and on the Internet, where one blogger wrote: "Doing the dirty with the dead OK in Wisconsin."
Not anymore, the court ruled in a 5-2 decision.
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. Dead bodies obviously can't give consent, she said.
"A reasonably well-informed person would understand the statute to prohibit sexual intercourse with a dead person," she wrote.
- Wow & it took a bunch of overpaid lawyers to figure that one out!!???
Strange but true, this story was found on the Minneapolis Star Tirbune website, By RYAN J. FOLEY , Associated Press, Last update: July 10, 2008 - 5:58 AM.
Unknown "Run Rabbit Run" Naughty
- 16 years, 5 months, 18 days ago
I hope its gotta little of the ole'... 
