MADISON — 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.
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.
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.
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.
these guys are pathetic. they seriously need mental help. and how traumatized is the victim's family, the girl was killed just a week ago!! do they really need to deal with this too!??! it's terrible that this guy is so desperate he had to dig up a corpse to have sex. absolutely ridiculous and disturbing.
Also, i cannot beleive necophillia isn't already outlawed in EVERY state! what are they waiting for? makes me feel like i'm living amongst barbarians of the stone age.
NASTY!
I may post a comment when I'm done throwing up.
Sick F...s
these guys are sick fu(kers
They look like the Moe, Larry, and Curly of corpse-@!$%#ing.
Then again, from their appearances, I'm betting at least two of 'em are 'viners.
imagine being their parents and finding this out....ugh.
It is not as bad as I thought when I read it. I had images of rotted corpses.... this is nasty, but not as nasty as I first imagined.
Frankly though, there should be an explicit ban since rape charges seem nuts.
timcord2,
I imagine that would make for some stilted cocktail party conversation.
Now I have heard it all..only in America this is what this great country produces on a daily basis, children who grow up without parents and become conscience less ghouls like these three weirdos, I shudder to think of what is in their minds and in their future
mmm...guess what my son did in his gap year!
imagine being their parents and finding this out....ugh.
I'd be out for blood. My daughter is precious to me.
no color no gender, this kind of weirdness has been around longer than you think. Ever heard of Gilles de Rais, a medieval French nobleman who used to murder and rape children, in that order? I understand, although I haven't read it myself and don't intend to, that Kraft Ebbing's 1886 Psychopathia Sexualis contains more information about this kind of thing than you probably want to know (and certainly more than I do!)
hat Kraft Ebbing's 1886 Psychopathia Sexualis
I wonder how fast the men in black suits would appear if you checked that out from the library.
ezeques,
Imagine being a dying parent and finding this out.
hahhahhahahhhhaaaaa
Thank you for what could be the sickest comment yet!
(I can't stop laughing) :)
hat Kraft Ebbing's 1886 Psychopathia Sexualis
I wonder how fast the men in black suits would appear if you checked that out from the library.
I shouldn't have been eating when I read this. And why is it on Newsvine's front page? ew
And why is it on Newsvine's front page?
Hey it's news, can you Dig it!
Ewww. I can't believe you'd shovel a joke like that in here.
Yes I fell In line! Followed the crowd! I must be punished!
Someone make a law up quick and convict me..lolol
Keep it up and we'll bury you, mister! ;)
OK OK Ill keep it up. Just don't bury me too deep and if you twine the flowers together, you can play some ring toss. No law against that yet...
LOL YOU GUYS ARE FREAKIN FUNNY, IM DYING OF LAUGHTER!!!
OH @!$%#
She must have been pretty hot to have been dug up...
I wonder who the (un)lucky guy was in the group - or if they were going to perform some 'munging
I bet these guys are gonna get some action in jail. I bet the story of them being caught was pretty funny.
She was pretty: picture at WikiTruth.info
oh boy, the twins were the "sons of ordained Methodist minister Kerry Grunke"
I wonder if the dad did the funeral?
I think it's a shame that something as disgusting as necrophilia has to be banned. You would think that noone would think up something so disturbing, but that just goes to show how sick this guy must be, not to mention the two idiots for going along to help him. What a bunch of morons.
Agreed
A friend of mine is an attorney and she says that if we could outlaw stupidity we'd have a pretty reasonable society...
(I'm done throwing up for the time being)
besides... if they were smart they would have gotten a job as night clerk at the morgue... those guys are always weird.
Exactly!
Is this the kind of thing gay marriage leads to?
Obviously.
Seriously, though, do we really need a LAW against this sort of thing? Those kinds of people shouldn't be a part of society.
Is this the kind of thing gay marriage leads to?
Boys having sex with a dead girl?
Sarcasm, I hope.
What in the world does this have with Gays???
You and that Rev. Ryan Need to get HELP.
jimmy,
perhaps you are the one that needs to get help. help identifying sarcasm.
or help remembering some of the arguments against gay marriage: whats next legalized bestiality; whats next incest is legal; whats next polygamy; etc...
Phewww!...I am so glad I re-read your comments dc_123 and Rev. Ryan. I seriously thought that I was going to have to open up a "can of drag queen whoop ass" on ya. (comment was stolen from someone I know)... *smirk*
Those kinds of people shouldn't be a part of society.
except, maybe, a society of the dead! Where having sex with living people is against the law. Yet for one dead person, love knows no bounds and he's willing to risk it all to be with his beloved lived!
Holy cow, I detect a prime time series concept!
(scribble, scribble, scribble)
The first guy on the left in those pictures looks dead himself. His skin is bluish gray..
That's how he knew this was the girl for him.
How come when people do these types of things, or worse, they all have the same "dead inside" look about them.
It's as though the "soul" must be placed inside a person through learned behavior, it's obvious not everyone has one. Maybe the soul was removed through a traumatic childhood??
Or better yet, maybe they each have @!$%# themselves.
MartinEZ,
"soul" must be placed inside a person through learned behavior, it's obvious not everyone has one
I imagine you are fairly close to the mark.
All three of them look extra creepy. The guy on the right has that "I don't look anybody directly in the eye because I'm weird and insecure" look.
Tacitus, are you suggesting I am "soulless" because I don't believe a soul is not inherent?
Frankly, I think your comment is inappropriate, with that said, I have many of those floating around the vine.
Have a good day.
MartinEZ,
Yes, it's all about YOU, isn't it?
I was actually agreeing with you and felt the comment to be insightful because I believe similarly.
in all fairness... they were just arrested :-)
Yes, it's all about YOU, isn't it?
Again with the... I don't know what to call it, because if I criticize your snide remarks I'm somehow being selfish.
What the hell did I do?
Thanks Tacitus...
So are we friends now, MartinEZ?
:)
You avoid my questions and then come in here to respond to that? I can't say we are enemies, but I still don't know why you implied I am soulless.
I think you are both confusing SOUL with what could better be stated as CONSCIENCE.
More specifically some type of social disorder. Check out the % from studies related to offenders of Necrophilia: comfort or overcoming feelings of isolation (15%), or seeking self-esteem by expressing power over a homicide victim (12%). Now look at these kids pictures.
A soul is defined: "The soul, according to many religious and philosophical traditions, is the self-aware essence, or consciousness, unique to a particular living being. In these traditions the soul is thought to incorporate the inner essence of each living being, and to be the true basis for sapience, rather than the brain or any other material or natural part of the biological organism. Some religions and philosophies on the other hand believe in the soul having a material component, and some have even tried to establish the weight of the soul. Souls are usually considered to be immortal. Many beliefs hold they exist prior to incarnation."
Tacticus and Martin,
It looks as though you guys simply misinterpreted each other's comments. This often happens with written language, especially in this format.
I hope you can clear the confusion and not let it drive the wedge.
I've been looking for explanation.
I think you are both confusing SOUL with what could better be stated as CONSCIENCE.
This is why I said what I said. I view the soul and conscience as interchangeable. I'm not a religious man, so to me the use of the word soul is outside supernatural reasoning. Hence the " " around soul. Outside the religious realm, good can only come from learned behavior and environment. The same holds true with evil.
MartinEZ, Stop! You are killing me! :O)
OK, I'll start from here, your comment:
"How come when people do these types of things, or worse, they all have the same "dead inside" look about them. It's as though the "soul" must be placed inside a person through learned behavior, it's obvious not everyone has one. Maybe the soul was removed through a traumatic childhood?? Or better yet, maybe they each have @!$%# themselves. "
I read the part about : It's as though the "soul" must be placed inside a person through learned behavior, it's obvious not everyone has one
I thought to myself, "this is interesting, because grandma used to say, 'there are a lot of people in the world, but very few human beings.' Your statement is very similar to my grandma's sentiment, in fact it sounds a lot like Ralph Waldo Emerson's comment in his essay Self-Reliance: 'Is the parent better than the child into whom he has cast his ripened being?'
From here, I thougt MartinEZ is pretty intuitive, and I think he's right."
At that point I clicked the "vote" button for MartinEZs comment because I felt it was a good one and, in support of your comment I made my comment: I imagine you are fairly close to the mark.
Meaning: "You've made a good point regarding this situation, these kids, their actions and possible root causes"
Don't let me take you guys off your path to reconciliation, but I had to comment on this:
because grandma used to say, 'there are a lot of people in the world, but very few human beings.'
Wisdom indeed!
Thanks LisaG,
She was a good egg alright.
Tacitus, I apologize. Your explanation is perfect. The internet lacks context. One sentence to you means something else to me. Again, apologies.
You got the jest of what I was saying perfectly, I on the other hand couldn't figure out where you were going with your comment. =)
No Sweat MartinEZ,
I usually know what I'm trying to say - it's just getting it out there so I makes sense that's the problem.
:)
I have the same problems, 99% of the time. It's this internet thing. It makes recognizing humanity a difficult task.
Poor girl from the grave would have been horrified, but at least the boys have been Identified, Labeled, and found guilty in the courts and public opinion. Have a good life.
Poor girl from the grave would have been horrified
That makes no sense on so many levels.
You should have said 'mortified'
babin : Sarcasm, just my way of dealing with death from Vietnam. Don't for one minute believe otherwise, You have no idea.
Poor girl from the grave would have been horrified
Only of it was one of those fairy stories where you woke the princess with a kiss only in this instance you had to penetrate her dead body to reanimate her. That would be a necrophiliacs worst nightmare.
How awful is your life when you start looking for dates in the obituaries?
Andimia,
From The Hoodoo Gurus, "Dig it up", which is a pretty good song, actually.
My girlfriend lives in the ground.
My friends ask why she's not around,
She won't come home.
I'm so alone (you'll never know!).
You can't bury love,
You've gotta dig it up.
Yeah, you've gotta live it up.
I take her flowers each day.
I place them over her grave.
I want her back
Because I look so bad, so bad in black
(Like a maniac)
You can't bury love, You've gotta dig it up, Yeah, you've gotta live it up.
Please, darling, come home to me.
Well, I'll make you so happy, you will see!
I'll paint your room
In pink and blue
(I'll even choose the colour scheme for you!).
You can't take away my love
I'll never give it up!
Yeah, I'm gonna dig it up.
(Don't!) (Don't! I Don't want to know!)
My girlfriend lives in the ground.
My friends, you ask me why she's six feet down,
I can't tell you why cos if I even try
I'd fall down flat on my face
And I'd cry, "you can't take away my love"
I'm gonna dig it up!
I'm gonna live it up, yeah,
I'm gonna dig it up, dig it up.
I'm never gonna stop
With that loving cup.
Gotta fill it up.
Hoodoo Gurus were great!
Tacitus,
Did you hear about the man named Dave?
He kept a dead whore in a cave.
She was covered in zits and smelly as s hi t,
but think of the money he saved.
There was a song by a group called the Headstones-same kind of song. They broke up a few years ago.
Besides that, let me say, these guys are just plain sick. I actually feel bad for them as they have no idea thsat they did something wrong-some blame has to go to the parentsd that would raise children like this.....
Don't forget "Cold Ethel" by Alice Cooper
Alice Cooper
Wasn't Alice Cooper a witch?
I see.. the crime was committed 'cause their spiritual belief system.
The desecration of corpses often comes up in connection with black magic that's why they was trying to get the corpse.
Disgusting, isn't it?
yep a band like the hoodoo gurus would drive people to this?
Wasn't Alice Cooper a witch?
And this is what a Devil worshipping Witch does - maybe we should burn him at the stake (if he bogeys on the 9th)
Or if he weighs the same as a duck. Don't forget that important measure of witchiness.
"yep a band like the hoodoo gurus would drive people to this?"
Heh, basically, it depends on the individual who watches a rockstar or a movie ..from my point of view even a movie like "Harry Potter" could influenced some young peoples behaviour, and
"Alice Cooper/Vincent Furnier;" could be another example:
"Early press releases claimed that the name was agreed upon after a session with a Ouija board, during which it was revealed that Furnier was the reincarnation of a 17th century witch named Alice Cooper."
And:
He claims that he was using the Ouija board, that Alice Cooper was a witch whose spirit Vincent would summon before going on stage... what else?
Maybe that Vincent sold his soul to Lucifer in order to become a rock star?
LOL
"However, it is now widely accepted that this story was in fact a publicity stunt "
Right.. but meanwhile some weak individuals belived that Alice Cooper was cool..
These boys should never be allowed out again. Whats next raping little helpless kids for a nut?
I think these guys are sick and should get raped without Vaseline, but since what they did was not illegal when they did it how can they be charged with a crime?
All the judges vote was 5-2. How are these two judges that think this should be legal?
tal6620, You think rape is ok?
since what they did was not illegal when they did it how can they be charged with a crime?
This is not a new law, the judges ruled that an existing law covered this crime.
How are these two judges that think this should be legal?
It is more likely that they disagreed that the law applied to necrophilia.
It's in the article.
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.
How can they be charged with sex with the dead when they had no contact. The article said they fled before the actual act. They vandalized a grave site . Well very few people sleep with the dead but it does happen. I read a book by Jonathan Davies the lead singer for Korn. His teenage job was at Bakersfield, CA morgue. He reported a number of freaks that wanted time with there customers. Now for real sick stuff read the confession of the Green river killer. He had sex with his victims many days after they where killed. One time he had a corpse in town and was with his son. He stopped told his kid to wait a while while he had sex with a corpse. Montel had a show on famous killers and I told my wife that there would be no mention of this. I was right and the reason is because like in the past there was some things that just was not spoken of. Cannibalism and sex with the dead is not really spoken of even when it is present. Heck, we barely speak of slavery that is present greatly in the Muslim countries and right here in the USA.
The men were charged with attempted third-degree sexual assault
In sexual assault cases, there's something called "intent" and my guess is that the condoms (and perhaps a confession) were utilized in determining intent.
I'm all for putting these guys in jail, but, under the law, some of these things seem odd, to me:
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."
When you start giving "rights" to dead bodies, where does that end? At that point, it seems you're just attempting to come up with a way to create a crime, and it seems that there has to be crimes on the book that would cover this just as well. I mean, wouldn't it make more sense to charge them with some sort of indecency crime, and maybe a crime against the surviving members of the family? (Or, allow the family to take them to a civil court for financial and grief damages?)
Necrophilia should be illegal on a variety of levels, but "because the person can't give consent" seems to be kind of ludicrous reasoning.
I agree even a living will dies with you!
I hope they don't just lock them away .
This kind of Stuff needs to be taken a closer look at.
Their family gene pool , their religious upbringing , the drugs they where doing ,(Don't them kids in the Midwest lick toads and that kind of stuff) I mean like the the whole nine yards ?
Even the environment .
Weird!!!!
Or they were just ignorant bored and horny
Not that ignorant...they did take condoms.
they did take condoms
You're kidding.
(Don't them kids in the Midwest lick toads and that kind of stuff)
No, we snort pills, smoke pot and roll on e.
babin,
You're kidding.
Read the article
Whats E???
E=extasy
dc, I just got caught up in the moment,and was blinded.
I'm not gay but that kind of thing comes up all the time.
The Rev. in tune ???
np, i should have put something to indicate it was sarcasm in the original post. the rev did catch the sarcasm.
i am 75 years old, female, and have NEVER heard of this.....at least they were not able to get the casket open. at least when they get to PRISON, they won't lack for any sexual gratification, whether it be good or bad. what a world!!!!!
75 years old and never heard of this ?? You must have lead a sheltered life.
(snicker snicker)
My @$$ you're 75.
She's next!
Oh wait...how do I delete these comments..
Don't worry, I'll do what I can.
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.
Now, I wonder how many corpses have ended up gang-raped by the 3 golden vampires
rotfl
and a box of condoms
I wonder where the supreme court is on post-mortem abortions...
...unless they were worried about some type of STD. Like....DEATH.
These boys are just ahead of their time - what is today a perversion will eventually be an accepted lifestyle choice. We'll look back some day and wonder how people could have been so intolerant, bigoted and "necrophobic."
Alright, you've made your point ...Lazarus.
LOL
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.
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."
So would it be legal if she had consented to it before shee died?
Police say the three men, carrying shovels, a crowbar and a box of condoms
At least they were practicing safe sex.
Could be the embalming fluid that gets these people off???
Just a thought.
Look up 'mung'
From what I've learned, necrophiliacs are sexually attracted to the dead, often because of the lack of interaction on the part of the dead person. Some people are attracted to pain and melancholy because of their own mental states and conditions. Necrophilia is nothing new. Our taboo is what makes it so creepy. Personally, I don't see any beauty in it. And if there's no consent on the part of the dead person, it's a rape in my book.
File under 'oops, we thought it was funny at the time'
Come on... she was six-feet under ground, encased in a concrete fault, decomposing... It's obvious she was asking for it!
Completely unwarranted attempt at levity aside... Inmates across Wisconsin are hoarding cigarettes as we speak... The top dog of whatever prison these guys wind up in is going to make an absolute fortune in Marlboros and/or Newports by pimping these clowns out.
Come on !!!Who in prison would want to have sex with someone who has sex with dead people.
Our criminals ain't that messed up.Maybe in Transylvania.
And by the way this was just the first time they got caught. Any cop will tell you that.
Jimmy M,
I got an idea that the criminals are only going to be concerned with the toolbox and not whether or not the tool itself is dirty. Three slender white boys going to prison for a sex crime? Nothing short of man-eating anuses are going to save them from village bicycle duty.
What's the big deal? A little Necrophilia never killed anyone. Right?
What's the big deal?
A LITTLE NECROPHILIA NEVER KILLED ANYONE. Right?
Suzanne Edwards, a lawyer representing Nicholas Grunke, said she was disappointed in the decision.
Maybe when she's dead, her grave should have a large, garish, neon arrow pointing to it so necrophiliacs can have their fun with her dead and rotting body.
Maybe when she's dead, her grave should have a large.....
I strongly suspect that she wants her own body cremated when she dies..
The moral of today's story:
Just because she can't say no, doesn't mean it isn't rape.
I'm Jared Kardos, and that's one to grow on.
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