The lawyer for a man, Bryan James Hathaway, 20, in Wisconsin is trying to get his client off the hook by citing a technicality in the stateâ€™s animal cruelty and bestiality laws. The man was arrested on “a misdemeanor charge of sexual gratification with an animal” after he was caught having sex with a dead deer on October 11th of this year. According to the law in the state, it is illegal to have sex with any animal but public defender Fredric Anderson says that this law makes no mention of dead animals or â€˜carcassesâ€™.
In a motion filed last week with the Douglas County court, he said “because the deer was dead, it was not considered an animal and the charge should be dismissed.â€ He continued his argument with, “The statute does not prohibit one from having sex with a carcass.” Also included was the argument was the dictionary definition of animal which states â€œany of a kingdom of living beings” which the deer that his client had sex with was not.
The defense attorney for the case, Assistant district attorney James Boughner, has come back with an argument of his own saying “when a person’s pet dog dies, the person still refers to the dog as his or her dog, not a carcass. It stays a dog for some time,”
The judge on the case has said that he will render a decision before the case comes before the courts again on December 1st. If convicted of the crime, Hathaway could face a sentence of up to two years in prison. Normally a conviction on this charge would only carry the penalty of a possible nine months’ jail and a fine of up to $10,000 but the sentence would be increased due to the previous conviction on Hathawayâ€™s record from when he pled â€˜no contestâ€™ to shooting a 26 year old horse in order to have sex with it back in April of 2005.