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Court rules dead are protected under sexual assault laws

A public defender says a State Supreme Court ruling that makes necrophilia illegal is, "dead wrong."

Jefren Olson says the sexual assault laws were never intended to punish sex with dead persons.

But Justice Pat Roggensack said the law bans intercourse with anyone who does not give consent, whether dead or alive.

The ruling reinstated attempted sexual assault charges in Grant County against Dustin Radke and twin brothers Alexander and Nicholas Grunke.

All three are 22. They were accused of digging up the grave of a 20-year-old woman who was killed in a motorcycle accident in 2006, so they could have sex with the body.

Authorities said a passing driver caught the three before they could actually do it.

Officials said Nicholas Grunke saw the woman's photo in a newspaper obituary, and convinced the others to retrieve her body for sex.

In a dissent, Justice Ann Walsh Bradley said the conduct was heinous and it should be banned.

But she said legislators did not include necrophilia in 1986, when they passed a law allowing sexual assault charges in cases where it was not certain if the victim was alive or dead at the time.