Sex with a corps is a crime in Wisconsin

By Phy • July 10th, 2008

The Wisconsin Supreme Court has held that attempted disinterment of a corpse for sexual purposes violates criminal law, reversing the decision by the court of appeals.

Section 940.225(3) of the state’s criminal law provides that “[w]hoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony,” and § 940.225(7) provides that “[t]his section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.”

The analysis was “whether Wis. Stat. § 940.225 criminalizes sexual contact or sexual intercourse with a victim already dead at the time of the sexual activity when the accused did not cause the death of the victim.” While the majority of the judges agree it does, a dissent argues that “under “plain” interpretation, prosecutors must prove beyond a reasonable doubt that the corpse did not consent to intercourse” and that the intent of § 940.225(7) is apparently for cases involving “murder and sexual assault,” and not for cases of necrophilia.

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