An illegal migrant who was convicted in Wisconsin of sexually molesting the body of a dead girl is seeking to have his conviction on sexual violence charges overturned, by claiming that a dead body can’t be sexually assaulted because it cannot be forced or coerced into a sex act.

The vibrantly diverse migrant, Eusebio Varible-Gaspar, was convicted in Wisconsin of a violent sexual act as well as entering the country illegally, and was given a 57-month sentence.

His lawyers have now filed a motion to have the conviction reversed because, they say, a corpse can’t be raped or sexually abused.

The trial court disagreed with that claim and held that Varible-Gaspar committed an act of sexual violence by having sex with the dead body.

It is this decision that Varible-Gaspar wants to have appealed, so on January 15 he filed this claim:

Varible-Gaspar argues that the district court erred in applying the 16-level enhancement for a crime of violence… He contends that his Wisconsin conviction for first degree sexual assault of a child does not qualify as a crime of violence or as an aggravated felony… because the offense does not fall within the generic, contemporary meaning of sexual abuse of a minor. Varible-Gaspar asserts that an individual may be guilty of the Wisconsin offense if the offender had sexual contact or sexual intercourse with a corpse. For the first time on appeal, Varible-Gaspar argues that the conviction does not qualify as a forcible sex offense because a corpse cannot be forced or coerced into sex.

Oddly, as the Center for Immigration Studies notes, this isn’t the only case where migrants might benefit from someone else being dead.

Obama’s DHS is seeking a change in rules that would aid illegals entering the country to have their status legalized if their return “would have” harmed someone they left behind–even if that someone is already dead.

As CIS puts it, with “a proposed set of DHS regulations, the government is taking the position that an otherwise illegal alien can successfully secure a waiver of his illegal status if his deportation would have caused an extreme hardship to a citizen (a one-time spouse)–even in cases where the citizen involved is dead.”

Follow Warner Todd Huston on Twitter @warnerthuston or email the author at igcolonel@hotmail.com