Wisconsin Supreme Court Decides Sex with Corpse Against the Law
Jul 9, 2008 - Madison, WI

The Wisconsin Supreme Court in a 5-2 decision reinstated criminal charges against three men who dug up a corpse planning to have sex, stating that they could be charged even if the victim is deceased. Lower courts had dismissed attempted third-degree sexual assault charges saying state law does not criminalize necrophilia.

Nicholas Grunke saw an obituary photo of a young woman recently killed and asked his brother, Alex, and friend, Dustin Radke, to help dig up the body. The three used shovels to reach the grave but were unable to pry the concrete vault open, then fled after a car drove into the cemetery. Police found a van near the scene containing shovels, a wrecking bar, tarp, and a box of condoms.

According to Dustin Radke, over the years, Grunke expressed an interest in necrophilia. "He always said he wanted to have sex with a body, and we all kind of made fun of him for it"

The assistant public defender who represented Radke said he agreed with the dissent of two of the Justices and the majority opinion was "dead wrong".



Alexander Caleb Grunke (22)
  • Grant County Case 06CF140A, 2 years probation
  • Found guilty by a jury on all counts; Attempt 3rd Degree Sexual Assault, Attempt Theft-Movable Property <=$2500, Attempt Criminal Damage to Cemetery/Mortuary

  • Nicholas Owen Grunke (22)
  • Grant County Case, 06CF140B, 2 years
  • Found guilty by a jury on all counts; Attempt 3rd Degree Sexual Assault, Attempt Theft-Movable Property <=$2500, Attempt Criminal Damage to Cemetery/Mortuary.
  • Prohibited from going to any cemetery without DOC approval
  • Grunke told the jury that he watched the movie "I'll Bury You Tomorrow" and described the actions of the movie's main character, a mortician, who takes the body of a man back to her room where she dances with him and sits with him. His defense attorney argued that Grunke only wanted to talk to the dead woman's body

  • Dustin Blake Radke (21)
  • Grant County Case 06CF140C, 1 year
  • Found guilty of Attempt 3rd Degree Sexual Assault.
  • He testified he took part in the grave-robbing scheme because he was offered $500