MADISON, Wis. -- Three men are now facing attempted sexual assault charges after the Wisconsin Supreme Court ruled on Wednesday that people can be charged with sexual assault when the victims are dead.

Back in 2006, the three men -- Alexander Grunke, his twin brother Nicholas Grunke and their friend Dustin Radke -- were arrested on suspicion of digging up the corpse of a woman in order to have sex with it.

Lower courts dismissed the attempted third-degree sexual assault charges against the trio, saying that state law doesn't criminalize necrophilia.

However, the state Supreme Court overturned that ruling.

The court's ruling reinstates the charges against the three.

The men allegedly went to a southwestern Wisconsin cemetery in September 2006 to remove the body of Laura Tennessen, 20, of Cassville, who was killed in a recent motorcycle crash. One of men apparently saw an obituary photo of her and asked the others to help dig up the body so he could have sex with it. The men went to the cemetery with shovels, a crowbar, a tarpaulin, and a box of condoms, which the men had purchased that evening on their way to the cemetery. They used shovels to reach her grave but eventually abandoned their plan and were caught by authorities.

Stay tuned to WISC-TV and Channel 3000 for continuing coverage.