20-year-old Bryan James Hathaway of Wisconsin had been charged with 'sexual gratification with an animal' because he had sex with the carcass of a deer that he found lying beside the road.
Authorities say he told police that he noticed the deer lying in a ditch, and then moved the corpse into the woods and had sex with it.
His lawyer denies that he committed bestiality, on the grounds that a dead deer isn't an animal any more.
In response, prosecutor James Broughner argued that a deer carcass is still an animal – pointing out that in his statement to police, Hathaway called the corpse a 'dead deer,' demonstrating that he still thought of it as an animal.
Public defender Fredric Anderson filed a motion last week which claimed: 'The statute does not prohibit one from having sex with a carcass.'
He said that if you try to include corpses in the category of 'animals', then 'you really go down a slippery slope with absurd results.' The only clear place to draw a line in the definition of what is an animal, and what isn't, was at the point of death, he argued.
He gave the example of a roast turkey – with which it would be illegal to have sex under the broader interpretation of the law – claiming that it was unreasonable to suggest it should still be classified as an animal for the purposes of law.
Judge Michael Lucci noted when hearing the arguments that: 'I'm a little surprised this issue hasn't been tackled before in another case.'
If Hathaway is convicted, he could serve up to two years in prison, because of a previous conviction in 2005 for shooting dead a horse called Bambrick. So that he could have sex with it...
This is truly Phucked Up!