The history of zoophilia and bestiality begins in the prehistoric era, where depictions of humans and non-human animals in a sexual context appear infrequently in European rock art. [1] Bestiality remained a theme in mythology and folklore through the classical period and into the Middle Ages (e.g. the Greek myth of Leda and the Swan) [2] and several ancient authors purported to document it as a regular, accepted practice—albeit usually in "other" cultures.
Explicit legal prohibition of human sexual contact with other animals is a legacy of the Abrahamic religions: [2] the Hebrew Bible imposes the death penalty on both the person and animal involved in an act of bestiality. [3] There are several examples known from medieval Europe of people and animals executed for committing bestiality. With the Age of Enlightenment, bestiality was subsumed with other sexual "crimes against nature" into civil sodomy laws, usually remaining a capital crime.
Bestiality remains illegal in most countries. Arguments used to justify this include: it is against religion, it is a "crime against nature," and that non-human animals cannot give consent and that sex with animals is inherently abusive. [4] In common with many paraphilias, the internet has provided a connective platform for the zoophile community, which has lobbied for the recognition of zoophilia (or zoosexuality as an alternative sexuality), and advocated for the legalisation of bestiality. [5]
Depictions of human sexual activity with animals appear infrequently in prehistoric art. Possibly the oldest depiction, and the only known example from the Palaeolithic (prior to the domestication of animals), is found in the Vale do Côa in Portugal. It shows a man with an exaggerated, erect penis juxtaposed with a goat. However, there is some doubt that the two figures are contemporary; while the goat is depicted in characteristic palaeolithic style, the scene may have been altered in a later period with the insertion of the human figure. [6]
From the Neolithic onwards, images of zoophilia are slightly more common. Examples are found at Coren del Valento, a cave in Val Camonica, Italy, containing rock art dating from 10,000 BCE to as late as the Middle Ages, one depicting a man penetrating a horse, [7] and Sagaholm, a Bronze Age cairn in Sweden where several petroglyphs have been found with similar scenes. [8]
Several Greek myths include the God Zeus seducing or abducting favoured mortals while in the form of an animal: Europa and the bull, Ganymede and the eagle, and Leda and the Swan. [2] Only the latter legend includes actual copulation between Leda and Zeus in his animal form, but depictions of this act, fairly uncommon in antiquity, became a popular motif in classicising Renaissance art, contributing to a lasting prominence in Western culture. [9]
Various classical writers recorded that bestiality was common in other cultures. Herodotus was followed by Pindar, Strabo and Plutarch [ citation needed ] in alleging that Egyptian women engaged in sexual relations with goats for religious and magical purposes – the animal aspects of Egyptian deities being particularly alien to the Greco-Roman world. [10] [11] Conversely, Plutarch and Virgil make similar accusations of the Greeks.
Despite their place in mythology and literature, actual acts of bestiality were probably as uncommon in antiquity as they are today. [2] Roman civil law, however, made no mention of it. [12] The explicit prohibition of and strict penalties for zoophilia universal in later European legal systems were derived from Jewish and Christian tradition. [2] The Hebrew Bible imposes the death penalty on both the human and animal parties involved in an act of bestiality: "if a man has sexual relations with an animal, he shall be put to death; and you shall kill the animal." [3] The Synod of Ancyra in 313–316 discussed the position of the church with regard to bestiality at length and two of the resulting twenty-five canons addressed it: the sixteenth canon described the penance and level of restrictions to be applied to various age groups for committing bestiality; the seventeenth canon prohibited all lepers from praying inside church if they had committed bestiality while they suffered from leprosy. [13]
Hittite law mandated the death penalty for intercourse with animals, excluding horses and mules (violators were instead barred from the priesthood and from approaching the king). [14]
In the Church-oriented culture of the Middle Ages, zoosexual activity was met with execution, typically burning, and death to the animals involved either the same way or by hanging.[ citation needed ] Sects deemed heretical by the Church such as the Hussites were accused of bestiality. [15] Masters comments that:
In 1468, Jean Beisse, accused of bestiality with a cow on one occasion and a goat on another, was first hanged, then burned. The animals involved were also burned. In 1539, Guillaume Garnier, charged with intercourse with a female dog (described as "sodomy"), was ordered strangled after he confessed under torture. The dog was burned, along with the trial records which were "too horrible and potentially dangerous to be permitted to exist" (Masters). Other accusations of bestiality in the period include the trials of Thomas Weir [16] [17] [18] and John Atherton. [19] [20] [21] In 1601, Claudine de Culam, a young girl of sixteen, was convicted of copulating with a dog. Both the girl and the dog were first hanged, and finally burned. In 1735, François Borniche was charged with sexual intercourse with animals. It was greatly feared that "his infamous debauches may corrupt the young men." He was imprisoned, and there is no record of his release.[ citation needed ] Historians claim there were more than a thousand executions recorded for bestiality in Sweden throughout the 17th and 18th centuries. [22] [23]
On the other hand, other accounts are more possibly fictitious, such as Pietro Damiani's, who in his "De bono religiosi status et variorum animatium tropologia" (11th century) tells of a Count Gulielmus whose pet ape became his wife's lover. One day the ape became "mad with jealousy" on seeing the count lying with his wife that it fatally attacked him. Damiani claims he was told about this incident by Pope Alexander II and shown an offspring claimed to be that of the ape and woman. (Illustrated Book of Sexual Records)[ citation needed ]
Clergyman and chronicler Gerald of Wales claimed to have witnessed a man having intercourse with a horse as part of a pagan ritual in Ireland. [24] [25]
Although thousands of female witches were accused of having sex with animals, usually said to be the Devil in animal form or their familiars, court records available in Europe and the United States, dating back to the 14th century and continuing into the 20th century, nearly always show males, rather than females, as the human parties in court cases. (Encyclopedia of Human Sexuality, Humboldt University)[ citation needed ]
From at least the 13th century and until the French Revolution, French criminal law had theoretically punished bestiality with death (burning at the stake), although in practice law courts only occasionally meted out that penalty. When the revolutionary politicians of the National Constituent Assembly set out to remake French government and society, their reforms included new criminal laws liberalizing sexual activities, inspired by ideas of the 18th-century Enlightenment. In 1791, Louis-Michel Le Peletier de Saint-Fargeau presented a newly drafted penal code to the National Constituent Assembly. He explained that it outlawed only "true crimes" and not "phoney offenses, created by superstition, feudalism, the tax system, and [royal] despotism." Zoophilia was not mentioned in the new Penal Code (promulgated September 26-October 6, 1791) and thus decriminalized it. [26] [27]
In 1835, the Russian Empire criminalized skotolozhstvo (bestiality) in the country. In 1845, the Russian Empire merged both muzhelozhstvo (sodomy) and skotolozhstvo statutes together into a single statute prohibiting protivoestestvennye poroki (vices contrary to nature). [28] On August 20, 1848, Norway adopted new penal codes which replaced a 1687 law that implemented the capital punishment by burning for "intercourse which is against nature" (bestiality) and reduced the punishment for engaging in bestiality from capital punishment to a sentence of hard labor of the fifth degree. [29]
In 1855, the German physician Wilhelm Gollmann claimed that sodomy was initially committed by shepherds. He adds that shepherds were drawn to this method of pleasure for the "want of more natural opportunities." Gollmann then prejudicially attacks Sicilians, whom he claims commit zoophilia against goats. According to Blumenbach, the females of Guinea commit indecent acts against monkeys. Gollmann finalizes his dubious claims with his assertion that Iranians commit acts against donkeys as a cure for coxalgia. [30]
In 1852, the Austrian Empire enacted § 130 which criminalized bestiality with a maximum of five years in prison. About fifty people were convicted annually due to the law. [31] In 1861, the Offences against the Person Act 1861 lowered the criminal penalty of buggery in the United Kingdom from the death penalty to life in prison. [27] On February 10, 1866, Denmark (including Greenland and Faroes) adopted new penal codes which replaced a 1683 law that implemented the death penalty at the stake by means of royal pardon for "intercourse against nature" (bestiality) and reduced the punishment for engaging in bestiality from capital punishment to a sentence of hard labor ranging from about eight months to six years, which was further reduced with about one third if the penalty was served in solitude. [29] On June 25, 1869, Iceland adopted a new penal code that replaced a 13th-century law mandating death by burning for "intercourse which is against nature" (bestiality) to a punishment of work in a house of correction. [29]
On May 15, 1871, the German Empire enacted Paragraph 175 into the “Reichs-Criminal Code” (RStGB) which outlawed zoophilia and punished it by imprisonment. [31] [32] In 1878, the penal code of the Kingdom of Hungary criminalized bestiality with a maximum of one year in prison. [27] Sweden, in 1864, and Grand Duchy of Finland, on December 19, 1889, adopted new penal codes replacing and a 1734 penal code, which applied to both countries and criminalized bestiality with being burnt at the stake. The 1864 Swedish law punished "fornication with animals" (bestiality) with two years hard labor, while the 1889 Finished law punished bestiality with imprisonment for two years. [29]
On June 28, 1935, Nazi Germany enacted legislation that created a separate category in Paragraph 175 for "fornication with animals" and penalized with up to five years in prison. [31]
During the 20th century, zoophilia was legalized in the Russian Empire in 1903, [28] in Denmark (including Greenland and Faroes) on January 1, 1933, [29] [33] in Iceland on August 12, 1940, [29] in Sweden in 1944, [34] in Hungarian People's Republic in 1961, in West Germany in 1969, [31] in Austria in 1971, [31] in Finland on January 15, 1971, [29] [35] and Norway on April 21, 1972. [29]
In 2003, the Sexual Offences Act 2003 lowered the criminal penalty of bestiality in the United Kingdom from life in prison to two years in prison. [36]
In 2006, Denmark's Council for Animal Ethics said there was no need to ban bestiality unless it took place in pornographic films or sex shows. Only one of the 10 members of the council, set up by the Danish Justice Ministry to establish and uphold animal ethics, wanted bestiality expressly prohibited. The other members said current laws provided enough animal protection. [37] Denmark outlawed bestiality in 2015 after all parties except the Liberal Alliance voted in support of a ban, leaving Hungary, Finland and Romania as the only European Union countries without bans on bestiality. [38]
This section may contain an excessive amount of intricate detail that may interest only a particular audience.(November 2023) |
During the 21st century, bestiality was re-criminalized in the following countries or territories:
United States of America: Iowa (illegal since 2001), [39] Maine (illegal since 2001), [40] Oregon (illegal since 2001), [41] Illinois (illegal since January 1, 2003), [42] [43] Maryland (illegal since October 1, 2002), [44] [45] South Dakota (illegal since July 1, 2003), [46] [47] [48] , Washington (illegal since June 7, 2006), [49] [50] Arizona (illegal since September 21, 2006), [51] [52] [53] , Colorado (illegal since July 1, 2007), [54] [55] [56] Indiana (illegal since July 1, 2007), [57] [58] Tennessee (illegal since July 1, 2007), [59] [60] Alaska (illegal since September 13, 2010), [61] [62] Florida (illegal since October 1, 2011), [63] [64] [65] and New Mexico (since June 2023). [66]
Outside the United States of America:
France (illegal since March 10, 2004), [67] Belgium (illegal since May 11, 2007), [68] [69] [70] Netherlands (illegal since 2010), [71] Norway (illegal since January 1, 2010), [72] Australian Capital Territory (illegal since 2011), [73] Germany (illegal since 2013), [74] Sweden (illegal since January 1, 2014), [75] Denmark (illegal since April 2015), [38]
The United States has inherited sodomy laws which constitutionally outlawed a variety of sexual acts that are deemed to be illegal, illicit, unlawful, unnatural and/or immoral from the colonial-era based laws in the 17th century. While they often targeted sexual acts between persons of the same sex, many sodomy-related statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.
Zināʾ (زِنَاء) or zinā is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, zina can include adultery, fornication, prostitution, rape, sodomy, incest, and bestiality. Zina must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules. Making an accusation of zina without presenting the required eyewitnesses is called qadhf (القذف), which is itself a hudud offense.
Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.
The crime against nature or unnatural act has historically been a legal term in English-speaking states identifying forms of sexual behavior not considered natural or decent and are legally punishable offenses. Sexual practices that have historically been considered to be "crimes against nature" include masturbation, sodomy and bestiality.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.
The ages of consent vary by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 12 and 18. The vast majority of countries set their ages in the range of 12 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
The Penal Code 1871 sets out general principles of the criminal law of Singapore, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating. The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore – a large number of these are created by other statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Turkmenistan face active discrimination and stigmatization compared to non-LGBT residents. Turkmenistan is one of the only two post-Soviet states where male homosexual activity remains criminalised, along with Uzbekistan.
Lesbian, gay, bisexual, and transgender (LGBT) people in Brunei face severe challenges not experienced by non-LGBT residents. Both male and female expressions of homosexuality are illegal in Brunei. Sexual activity between men is de jure liable to capital punishment, with de facto lesser penalties of imprisonment and whipping applied; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which was still in effect as at May 2023. The moratorium could be revoked at any time.
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Zoophilia is a paraphilia in which a person experiences a sexual fixation on non-human animals. Bestiality instead refers to cross-species sexual activity between humans and non-human animals. Because of the lack of research on the subject, it is difficult to conclude how prevalent bestiality is. Zoophilia on the other hand, was estimated in one study that to be prevalent in 2% of the population in 2021.
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
This is a list of important events relating to the LGBT community from 1801 to 1900. The earliest published studies of lesbian activity were written in the early 19th century.
Sodomy, also called buggery in British English, generally refers to either anal sex between people, or any sexual activity between a human and another animal (bestiality). It may also mean any non-procreative sexual activity. Originally, the term sodomy, which is derived from the story of Sodom and Gomorrah in the Book of Genesis, was commonly restricted to homosexual anal sex. Sodomy laws in many countries criminalized the behavior. In the Western world, many of these laws have been overturned or are routinely not enforced. A person who practices sodomy is sometimes referred to as a sodomite, a pejorative term.
Section 213 of the Norwegian Penal Code was a provision of the Norwegian Penal Code that defined sexual intercourse between men as well as between people and animals as a crime. The section was repealed on April 21, 1972. It was, among other things, the sodomy law of Norway.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are deemed to be "illegal", "illicit", "unlawful", "unnatural" and/or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite-sex, and have mostly been used to target against sexual activities between individuals of the same-sex.
This is a list of important events relating to the LGBT community from 1701 to 1800.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It currently remains a legal punishment in several countries and regions, most of which have sharia–based criminal laws except for Uganda.
Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.