Dumb, dumber and creepy

[Van Basten II]

From Washinstopost.com

Accused Grave Robbers Dodge Sex Charges

By RYAN J. FOLEY

The Associated Press

Thursday, July 26, 2007; 7:08 PM

MADISON, Wis. -- Three men who dug up a young woman's corpse to have sex with it after seeing her obituary photo cannot be charged with attempted sexual assault because Wisconsin has no law against necrophilia, an appeals court ruled Thursday.

A judge was correct to dismiss the charges against twin brothers Nicholas and Alexander Grunke and Dustin Radke, all 21, because lawmakers never intended to criminalize sex with a corpse, the District 4 Court of Appeals said in a 3-0 ruling.

The three men went to a cemetery in Cassville in southwestern Wisconsin on Sept. 2 to remove the body of Laura Tennessen, 20, who had been killed the week before in a motorcycle crash.

The men used shovels to reach her grave. They abandoned their plan and were eventually arrested after a vehicle drove into the cemetery and reported suspicious behavior, authorities said.

They said the men had seen an obituary of Tennessen with her photo and wanted to dig up her body to have sexual intercourse. Such an act is known as necrophilia.

The men were charged with attempted third-degree sexual assault and misdemeanor attempted theft charges. But Grant County Circuit Judge George Curry dismissed the sexual assault charges in September, saying no Wisconsin law addressed necrophilia. Prosecutors appealed his ruling.

At issue is a provision in the sexual assault law saying criminal penalties apply "whether a victim is dead or alive at the time of the sexual contact or sexual intercourse."

The appeals court said the law was ambiguous but the most reasonable interpretation was that it does not ban necrophilia. Instead, the court said, the law was meant to make sure prosecutors could bring sexual assault charges in rape-murder cases in which the victim ends up dead.

Outrage over the case might soon change the law.

Sen. Dale Schultz, R-Richland Center, introduced legislation Wednesday that would make having sex with a corpse a felony with punishment of up to 6 years in prison and a $10,000 fine. The bill would levy the same penalties against anyone who intentionally disturbs a burial site or a buried human corpse.

[JSngry]

http://www.findagrave.com/cgi-bin/fg.cgi?p...p;GRid=15613318

[vibes]

Early Cannibal Corpse albums focused almost entirely on necrophilia. "Tomb of the Mutilated" was probably the height of that phase of their career.

EDITED: Photo taken off by administrator.

[MoGrubb]

Early Cannibal Corpse albums focused almost entirely on necrophilia. "Tomb of the Mutilated" was probably the height of that phase of their career.

....

Gross, I could have gone all day without seeing that.

Maybe some of the young lady's family and friends will get together and kick the shit out of these thrill seekers.

[Dan Gould]

Its asinine for the appeal's court to find "ambiguity" in the text of the statute.

Break down the statement into its component parts:

A crime has occurred

"whether a victim is dead at the time of the sexual contact or sexual intercourse."

OR

"whether a victim is alive at the time of the sexual contact or sexual intercourse."

It has nothing to do with rape/murder situations, because there can be no bar to making separate charges of rape and murder, if evidence exists that the accused had sexual contact with the victim, and that the accused killed the victim.

Unless the appeal's court based its decision on the legislative history of the adoption of the law, in which the legislature discussed and then failed to make specific reference to necrophilia, its a completely ridiculous ruling.

[MoGrubb]

The fact that the dumbasses actually attempted necrophillia is "baffling" enough without their admitting it. Sine they weren't caught doing it, wonder why they volunteered the information(?). Oh well...

[Jim Alfredson]

Is it a crime if they didn't actually go through with it, though?

Any way you cut it, it's stupid and NASTY!

[Jazzmoose]

Its asinine for the appeal's court to find "ambiguity" in the text of the statute.

Really. The text is about as clear cut as it can be. How the appeal's court was able to torture their interpretation out of it is beyond me.

[catesta]

Is it a crime if they didn't actually go through with it, though?

Any way you cut it, it's stupid and NASTY!

I would think it's some type of a crime once you start to dig.

MoGrubb is right on, they should at the very least have their teeth knocked out.

Edited July 28, 2007 by catesta

[AndrewHill]

This is simply disgusting and disrespectful of the dead.

[Jazzmoose]

I dunno...how hot was she?*

*Like you all, I fully expected Allen Lowe to make this comment, but apparently he's not online today, so as it's Saturday, and my day to cover, I'm forced to make the post myself...

[JSngry]

I dunno...how hot was she?

Judge for yourself: http://www.findagrave.com/cgi-bin/fg.cgi?p...p;GRid=15613318

[sidewinder]

This is simply disgusting and disrespectful of the dead.

Seconded.

[Jazzmoose]

I dunno...how hot was she?

Judge for yourself: http://www.findagrave.com/cgi-bin/fg.cgi?p...p;GRid=15613318

I am NOT clicking on that link!

[vibes]

I dunno...how hot was she?

Judge for yourself: http://www.findagrave.com/cgi-bin/fg.cgi?p...p;GRid=15613318

I am NOT clicking on that link!

She's a very cute girl...but when you think about it, she died in a motorcycle accident. These guys should have read the fine print before they started digging, because what they would have gotten is almost assuredly NOT what was in the photo. Stupid.

[MoGrubb]

I dunno...how hot was she?

Judge for yourself: http://www.findagrave.com/cgi-bin/fg.cgi?p...p;GRid=15613318

I am NOT clicking on that link!

She's a very cute girl...but when you think about it, she died in a motorcycle accident. These guys should have read the fine print before they started digging, because what they would have gotten is almost assuredly NOT what was in the photo. Stupid.

You're insinuating that if she hadn't been disfigured....what?

[Van Basten II]

I dunno...how hot was she?

Judge for yourself: http://www.findagrave.com/cgi-bin/fg.cgi?p...p;GRid=15613318

I am NOT clicking on that link!

She's a very cute girl...but when you think about it, she died in a motorcycle accident. These guys should have read the fine print before they started digging, because what they would have gotten is almost assuredly NOT what was in the photo. Stupid.

It would make a lot sense to do that stuff if she had died from leucemia instead

[vibes]

I dunno...how hot was she?

Judge for yourself: http://www.findagrave.com/cgi-bin/fg.cgi?p...p;GRid=15613318

I am NOT clicking on that link!

She's a very cute girl...but when you think about it, she died in a motorcycle accident. These guys should have read the fine print before they started digging, because what they would have gotten is almost assuredly NOT what was in the photo. Stupid.

It would make a lot sense to do that stuff if she had died from leucemia instead

Exactly!

[Jim Alfredson]

Is it a crime if they didn't actually go through with it, though?

Any way you cut it, it's stupid and NASTY!

I would think it's some type of a crime once you start to dig.

Well yes, I don't think it is legal to dig up dead bodies, but since they didn't actually commit necrophilia, but just had the intention, however short-lived, then I don't see why they should be charged with it.

[MoGrubb]

They still need the shit kicked out of'em. [Excuse me if I'm just stating the obvious.]

[Jazzmoose]

They still need the shit kicked out of'em. [Excuse me if I'm just stating the obvious.]

You are, and you're excused.