APPEALS COURT: WISCONSIN HAS NO NECROPHILIA LAWS

Charges Dropped Against Three in 2006 Corpse Assault Attempt

By Michael Horne

The State of Wisconsin Court of Appeals District IV has dismissed charges of attempted third-degree sexual assault against three men who had been charged with the attempt on September 2^nd, 2006 to have sex with the corpse of Laura Tennessen, 20, who died last August in a motorcycle accident.

Twins Nicholas Owen Grunke, Alexander Caleb Grunke and Dustin Blake Radke, all 21, were each charged with one count of attempted third-degree sexual assault contrary to Wisconsin Statute 940.225(3). Grant County Circuit Court Judge George S. Curry ordered the charges dismissed after concluding the law allowed prosecution for the assault of a dead body only if the assault were one of a series of acts that included acts causing the victim’s death. The law as written did not apply to sex with a corpse, he ruled.

The state contended the statute included sexual assault of a dead victim, and appealed. The appeals court, based in Madison, concluded the statute was ambiguous, and that the “legislature did not enact Wisconsin Statute 940.225(7) as a general necrophilia statute, which would criminalize Grunke’s conduct.” Accordingly, the court affirmed Judge Curry’s ruling, leaving the defendants charged with a misdemeanor count of theft of movable property of less than $2,500 value. .

The appeals court ruling coincided with the introduction on July 25^th, 2007of SB247, sponsored by Sen. Dale Schultz, and co-sponsored by Sens. Roessler, Kedzie, Olsen and Plale. This bill, referred to the committee on Judiciary and Corrections, would classify sex with a corpse as a Class G Felony, and provide a penalty of a $10,000 fine and up to 6 years imprisonment.

Schulz threatened to introduce this legislation last year, shortly after the assault, when he said he was outraged that no laws against necrophilia existed in Wisconsin. Check the milwaukeeworld posting on that subject by following this link. Footnote: In the year since the attempted assault, the Grunke twins seem to have kept out of trouble, but the Radke fellow continually gets into mischief, including a number of traffic offenses, and a THC bust.