Act 1956 (the offence of buggery). We have recommended elsewhere that this offence should be repealed in its entirety, and the elements that relate to the protection of children and sex with animals be separately considered.

8.5.2 There has been some discussion as to whether the offence of having sex with animals

should be criminal at all or whether it should be part of the law on the protection of animals. It

has long been recognised, not least by the CLRC that the present offence has too harsh a penalty with the potential for a life sentence. We considered whether there was a justification for retaining the offence, and in particular whether if the behaviour was criminal it should form part of the law relating to the protection of animals rather than sex offences. We concluded that the behaviourwas properly criminal.

8.5.3 It was an act that offended against the dignity of animals and of people. Working as we

do on the principle of free agreement to sexual activity, this was simply not possible with animals. An offence of bestiality would seek to protect animals but we thought that it was primarily a sex offence reflecting some profoundly disturbed behaviour. These are not simply the acts of loneliness and propinquity. There is evidence of a linkage between abuse of animals and other forms of sexual offending. Research has shown a link between abuse of animals and abuse of children. In some instances severe physical mutilation of horses has been accompanied by sex with them. We felt that society had a profound abhorrence for this behaviour and that it should continue to be a criminal offence. This echoed the views of the CLRC who also considered that it should remain criminal but with a much-reduced penalty. We share this view. We also agree with the CLRC that there should be a more serious offence of compelling sexual activity with animals, and we discuss this in more detail in section 2.20.

Recommendation 57: A specific offence of bestiality should be retained.

Antworten auf die Empfehlung 57

A specific offence of bestiality should be retained.

Total no. of responses: 38

27 Agreed

11 Disagreed

ISSUES RAISED IN RESPONSES

A majority of respondents agreed with the recommendation.

Some respondents questioned why such actions could not be dealt with under animal

cruelty legislation.

Government Response

Agree.

This type of offending behaviour is understood to be unnatural as well as degrading for the animals concerned and there can be no question of consent. Moreover, sexuality activity with animals is generally recognised to be profoundly disturbed behaviour.

We agree with the Review that this offence needs to be retained. It should be gender neutral to criminalise penetration of an animal or causing or allowing an animal to penetrate a person.

White Paper “Protecting the Public”, 2002, Chapter 6: Other Offences, Section 79

Sexual activity with animals is generally

recognised to be profoundly disturbed behaviour.

A new offence of Bestiality will criminalise those

who sexually penetrate animals or allow an animal

to penetrate them.This offence will complement

existing non-sexual offences of cruelty to animals.

This offence will carry a maximum penalty of 2

years imprisonment.

Offences Bill (HL), 28./29. Januar 2003, Teil 1, Chapter: Other Offences, Section 72

Intercourse with an animal

(1) A person commits an offence if—

(a) he intentionally performs an act of penetration with his penis,

(b) what is penetrated is the vagina or anus of a living animal, and

(c) he knows that, or is reckless as to whether, that is what is penetrated.

(2) A person (A) commits an offence if—

(a) A intentionally causes, or allows, A’s vagina or anus to be penetrated,

(b) the penetration is by the penis of a living animal, and

(c) A knows that, or is reckless as to whether, that is what A is being

penetrated by.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding

2 years.

Quelle:

Home office, Great Britain, 2000-2003

The Sexual Offences Bill received Royal assent on 20^th November 2003 and will become law in May 2004.

Sexual Offences Act 2003

Sexual intercourse with an animal, section 69.

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