Background
International differences
Some jurisdictions list laws very clearly, such as England and Wales, which specifically prohibits penetration of a human being by the penis of an animal, and penetration of an animal by a human's penis. [9]
By contrast, many countries and US states are less precise about the scope of law in that they outlaw sex with animals, without defining what constitutes "sex".
Even if bestiality is not explicitly prohibited, there are often many other laws which can be used to effectively prosecute cases. For example, most countries have animal cruelty laws, and a prosecutor will argue that all zoophilia activity is animal abuse. [10] In some U.S. states, a person who engages in bestiality can be charged with animal cruelty. [11]
Prohibitions without specific bestiality statutes
Some countries have a range of laws on their books. Sometimes sodomy laws or "crime against nature" laws are used to prosecute people who have sex with animals.
In the case of Kenneth Pinyan, who died from injuries sustained from receiving anal sex from a horse, local law enforcement found that there were no laws that allowed them to prosecute his friend, who had filmed the event and also allowed himself to be sodomized by the horse. The friend was prosecuted for trespassing. That case prompted the Washington State legislature to draw up legislation outlawing sex with animals. [12]
In a 2005 Florida case, a man who had sex with his dog was charged with disorderly conduct, since the state had no anti-bestiality laws on the books at the time. [13] On October 1, 2011, the state of Florida State Law 828.126, F.S went into effect, banning sex with animals. [14]
Zoophilic pornography
The legality of pornography has three components: legality of production, legality of sale and transportation, and legality of ownership. In general, animal pornography is legal to produce where both zoophilic activity and the creation of pornography in general are legal. Laws concerning sale, transmission and ownership vary more widely.
Erotic art, such as animal pornography in cartoons and the like, which does not require the recording of an actual sexual act, are not usually considered sex with animals by the law, and so their status depends upon more general laws such as legal limits upon obscenity or pornography alone, and the thin line between erotic art and pornography.
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent cannot claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is regarded as the victim and their sex partner is regarded as the offender, unless both are underage. The purpose of setting an age of consent is to protect an underage person from sexual advances.
The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.
The production and distribution of pornographic films are both activities that are lawful in many, but by no means all, countries so long as the pornography features performers aged above a certain age, usually eighteen years. Further restrictions are often placed on such material.
Lesbian, gay, bisexual, and transgender (LGBT) civil rights in Chile have seen remarkable advances in recent years, though LGBT people still face some legal and social obstacles not experienced by non-LGBT Chileans. Both male and female same-sex sexual activity is legal in Chile. Since 2012, the law bans all discrimination and hate crimes based on sexual orientation and gender identity. Since then, the Chilean Armed Forces allow to openly serve gays, lesbians and bisexuals. Since 2013, LGBT people are allowed to donate blood without restrictions.
Pornography in Europe 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 is noted for having liberal pornography laws.
The history of zoophilia and bestiality begins in the prehistoric era, where depictions of humans and animals in a sexual context appear infrequently in European rock art. Bestiality remained a theme in mythology and folklore through the classical period and into the Middle Ages and several ancient authors purported to document it as a regular, accepted practice—albeit usually in "other" cultures.
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 Enumclaw horse sex case was a series of incidents in 2005 involving Kenneth Pinyan (1960–2005), an engineer who worked for Boeing and resided in Gig Harbor, Washington; James Michael Tait, a truck driver; and unidentified other men. Pinyan and Tait filmed and distributed zoophilic pornography of Pinyan receiving anal sex from a stallion under the alias "Mr. Hands". After engaging in this activity on multiple occasions over an unknown span of time, Pinyan received fatal internal injuries in one such incident.
The ages of consent vary by jurisdiction across Europe. The ages of consent are currently set between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only three countries, Cyprus (17), Ireland (17), Turkey (18) do not fit into this pattern. The laws can also stipulate the specific activities that are permitted or differentially specify the age at which a given sex can participate. Below is a discussion of the various laws dealing with this subject. The highlighted age is that from which a young person can be lawfully engaged in a non-commercial sexual act by an older one, regardless of their age difference, provided the older one is not in a position of power, a relative, or commits another form of exploitation. In some jurisdictions, notably Italy and Hungary, there are exemptions for when the age difference between them is within prescribed bounds. All jurisdictions in Europe, except the Vatican, have equal and gender-neutral age limits.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent. The specific activity engaged in or the gender of its participants can also affect this age and the legality of sexual activity. 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 person who is also at or above that age. Other variables, for example homosexual and/or sodomy provision(s) that are illegal or close in age exceptions may exist and are stated when relevant.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Nicaragua may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Nicaragua. Discrimination based on sexual orientation is banned in certain areas, including in employment and access to health services.
The ages of consent for sexual activity vary by jurisdiction across South America. The specific activity engaged in or the gender of its participants can also be affected by the law. 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, for example, close-in-age exemptions, may exist and are noted when relevant. In South America, the only country where male same-sex sexual conduct is illegal in Guyana, and the only countries with a higher age of consent for same-sex sexual relations than opposite-sex ones are Chile and Paraguay.
Zoophilia is a paraphilia involving a sexual fixation on non-human animals. Bestiality is cross-species sexual activity between human and non-human animals. The terms are often used interchangeably, but some researchers make a distinction between the attraction (zoophilia) and the act (bestiality).
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 by courts to include any sexual act deemed to be unnatural or immoral. Sodomy typically includes anal sex, oral sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexuals.
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, District of Columbia, and territories. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
Legality of bestiality in the States looks at the laws prohibiting bestiality in the United States of America. The legality of sex with animals has been steadily decreasing over the past 20 years. As of February 10, 2018, 45 states and 2 territories ban sex with animals, while 5 states and the District of Columbia have decriminalized it. In 2017, five states introduced legislation to ban bestiality, with Nevada, Vermont, and Texas enacting laws banning it in 2017. New Hampshire and Ohio also banned sex with animals in 2017.
The timeline of zoophilia covers the history of zoophilia and bestiality among humans and non-human animals.
The law of Bolivia includes a constitution and a number of codes.
Rights affecting non-human animals vary greatly by country or jurisdiction — encompassing everything from the legal recognition of non-human animal sentience to the absolute lack of any anti-cruelty laws with no regard for animal welfare.
