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Man who had sex with deer carcass must stand trial

http://www.thesmokinggun.com/archive/1122061deer1.html

Judge Rules On Dead Deer Sex
Man who had relations with animal carcass must stand trial

NOVEMBER 22 -- A Wisconsin man who argued that he could not be
prosecuted for having sex with a deer because the animal was dead at
the time, was dealt a legal setback today when a judge rejected a
motion seeking dismissal of a criminal charge against him. As a result
of Circuit Court Judge Michael Lucci's ruling, defendant Bryan James
Hathaway, 20, will have to stand trial for his alleged assault last
month of the deer carcass. In his ruling (a copy of which you'll find
below), Lucci denied a November 7 motion filed by Hathaway's lawyer,
Fredric Anderson, which argued that the deer ceased being an animal
upon its death (Hathaway, pictured at right, allegedly found the
carcass in a roadside ditch). Anderson contended that a charge of
sexual gratification with an animal could not be sustained because "the
term 'animal' refers to a living organism, not a carcass." Lucci,
however, noted that "most people understand that an animal does not
necessarily cease being or qualifying as an animal or even being
referred to as an animal once it's dead." He added that the "primary
focus" of Wisconsin's criminal statute dealing with crimes against
sexual morality is on "human behavior and on protecting sexual morality
in the community, and not necessarily on animal protection."...

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