Wisconsin trio accused of necrophilia because corpse did not give permission

Should anyone ask me why I want to move back to Wisconsin I now have a newsclip that captures it all... 

After reading the story, it seems plain the justices had decided on their ruling prior to hearing the facts - the logic here is just too tortured to be actual logic (see below). That said, I have to admit to agreeing to the ruling if not to the reasoning.

If you don't have time to read this story here are all the additional facts you ought know -

• the accused targeted this particular grave because the the deceased's obit picture in prior week's paper. apparently one of the brothers thought she was hot
  the trio stopped as a nearby WalMart on the way to the grave, not to buy shovels but to purchase condoms
  the lads were able to dig down to the girl's vault, but they couldn't get it open. This means they were not just perverts, but they were inept perverts
  the Wisconsin judges ruled that the three could be prosecuted not under necrophilia laws (there are no such laws in the state) but rather under sexual assault laws. How? According to Justice Patience Roggensack, state law bans sex with anyone who does not give consent "whether a victim is dead or alive at the time."
  while it is not mentioned in this story, I can't help but mention that the twins are the sons of a Methodist minister.
  

Those interested in the life of the deceased victim should go here.