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MADISON, Wis. - Wisconsin law bans sex with dead bodies, the state Supreme Court ruled Wdnesday 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 becuase they are unable to give consent.
The ruling reinstates the attempted sexual assault cahrges 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 jusctices, said stat 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 saw her obituary photo and asked the other to help dig up her body.