A judge on Friday dismissed charges of attempted sexual assault against three men accused of trying to dig up a woman's body to have sex with the corpse, noting that Wisconsin has no law against necrophilia.
The men still face lesser charges.
Twins Nicholas and Alexander Grunke, 20, and Dustin Radke, 20, were arrested after an alleged attempt to dig up the body of a 20-year-old woman who was killed Aug. 27 in a motorcycle crash. Officials said a caller reported suspicious activity in the cemetery Sept. 2, and deputies found someone had dug down to her vault.
Authorities said the three were not acquainted with the woman but had seen an obituary with her photo.
Circuit Judge George Curry said that while there was no law that addressed necrophilia, there was enough evidence to continue the case because of criminal damage to property and the alleged attempt to break into a burial vault.