History of zoophilia: Difference between revisions
meta>Dadachestlove Got rid of a lie |
No edit summary |
||
(33 intermediate revisions by 26 users not shown) | |||
Line 1: | Line 1: | ||
The '''history of [[zoophilia]]''' and '''bestiality''' begins in the | {{Short description|none}} <!-- This short description is INTENTIONALLY "none" - please see WP:SDNONE before you consider changing it! --> | ||
{{unreliable sources|date=May 2021}} | |||
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.<ref>{{cite book|last=Bahn|first=Paul G.|title=The Cambridge illustrated history of prehistoric art|year=1998|publisher=Cambridge University Press|location=Cambridge|isbn=978-0-521-45473-5|url=https://books.google.com/books?id=xwm_D1u_UTsC&pg=PA188|accessdate=18 February 2012|page=188}}</ref> 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)<ref name="HSE" /> 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 animals is a legacy of the | Explicit legal prohibition of human sexual contact with other animals is a legacy of the Abrahamic religions:<ref name="HSE" /> the Hebrew Bible imposes the death penalty on both the person and animal involved in an act of bestiality.<ref name="ReferenceA">{{bibleverse||Leviticus|20:15|131}}</ref> 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 | 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.<ref>Regan, Tom. ''Animal Rights, Human Wrongs''. Rowman & Littlefield, 2003, pp. 63-4, 89.</ref> In common with many [[paraphilia]]s, the internet has provided a connective platform for the [[Zoophilia#Zoophile community|zoophile community]], which has lobbied for the recognition of zoophilia (or zoosexuality as an alternative sexuality), and advocated for the legalisation of bestiality.<ref>{{cite news|last=Francis|first=Thomas|title=Those Who Practice Bestiality Say They're Part of the Next Sexual Rights Movement|url=http://www.browardpalmbeach.com/2009-08-20/news/those-who-practice-bestiality-say-they-re-part-of-the-next-gay-rights-movement/|accessdate=18 February 2012|newspaper=Broward Palm Beach New Times|date=20 August 2009|archive-date=15 February 2015|archive-url=https://web.archive.org/web/20150215053508/http://www.browardpalmbeach.com/2009-08-20/news/those-who-practice-bestiality-say-they-re-part-of-the-next-gay-rights-movement/|url-status=dead}}</ref> | ||
==Prehistory== | ==Prehistory== | ||
Depictions of human sexual activity with animals appear infrequently in | 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.<ref>{{cite journal|last1=Angulo Cuesta |first1=J. |last2=García Diez |first2=M. |title=Diversity and meaning of Palaeolithic phallic male representations in Western Europe |journal=Actas Urol Esp |year=2006 |volume=30 |issue=3 |pages=254–267 |url=http://www.actasurologicas.info/v30/n03/ENG/3003OR02.htm |url-status=dead |archiveurl=https://web.archive.org/web/20120726163724/http://www.actasurologicas.info/v30/n03/ENG/3003OR02.htm |archivedate=2012-07-26 }}</ref> | ||
From the | 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,<ref>{{cite journal|last=Anati |first=E. |title=The Way of Life Recorded in the Rock Art of Valcamonica |journal=Adoranten |year=2008 |issue=2008 |url=http://www.ssfpa.se/pdf/2008/anati_adorant08.pdf |publisher=Scandinavian Society for Prehistoric Art |url-status=dead |archiveurl=https://web.archive.org/web/20100819050756/http://www.ssfpa.se/pdf/2008/anati_adorant08.pdf |archivedate=2010-08-19 }}</ref> and [[Sagaholm]], a Bronze Age cairn in Sweden where several petroglyphs have been found with similar scenes.<ref>{{cite web|title=Sagaholm |url=http://home.online.no/~wen-mja/ontherocks/sagaholm.htm |work=On the rocks |accessdate=18 February 2012 |url-status=dead |archiveurl=https://web.archive.org/web/20110907011750/http://home.online.no/~wen-mja/ontherocks/sagaholm.htm |archivedate=7 September 2011 }}</ref> | ||
==Classical antiquity== | ==Classical antiquity== | ||
[[File: | [[File:Da michelangelo, leda e il cigno, post 1530 (national gallery) 01.jpg|thumb|right|''[[Leda and the Swan (Michelangelo)|Leda and the Swan]]'', copy of lost [[Michelangelo]]]] | ||
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.<ref name="HSE">{{cite encyclopedia |last1=Cornog |first1=M. |last2=Perper |first2=T. |year=1994 |title=Bestiality |editor1-last=Haeberle |editor1-first=E. J. |editor2-last=Bullough |editor2-first=B. L. |editor3-last=Bullough |display-editors=3 |editor4-last=B. |encyclopedia=Human Sexuality: An Encyclopedia |publisher=Garland |location=New York & London |url=http://www2.hu-berlin.de/sexology/GESUND/ARCHIV/SEN/CH06.HTM#b3-BESTIALITY |accessdate=18 February 2012 |url-status=dead |archiveurl=https://web.archive.org/web/20120204033652/http://www2.hu-berlin.de/sexology/GESUND/ARCHIV/SEN/CH06.HTM#b3-BESTIALITY |archivedate=4 February 2012 }}</ref> 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.<ref>{{cite book|last=Bull|first=M.|title=The Mirror of the Gods, How Renaissance Artists Rediscovered the Pagan Gods|year=2005|publisher=Oxford University Press|location=Oxford|isbn=0-19-521923-6|url=https://archive.org/details/mirrorofgods00bull}}</ref> | |||
Several | |||
[[File:Zoophilia.jpg|thumb|right|Zoophilia carving on Rock with Old Kannada script engraved at [[Kedareshvara Temple, Balligavi]]]] | [[File:Zoophilia.jpg|thumb|right|Zoophilia carving on Rock with Old Kannada script engraved at [[Kedareshvara Temple, Balligavi]]]] | ||
Various classical writers recorded that bestiality was common in other cultures. | Various classical writers recorded that bestiality was common in other cultures. Herodotus was followed by Pindar, Strabo and Plutarch{{Citation needed|date=February 2012}} 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.<ref>{{cite book|last=Ray|first=J. D.|title=The Ancient Gods Speak: A Guide to Egyptian Religion|year=2002|publisher=Oxford University Press|location=Oxford|isbn=978-0-19-515401-6|editor=Redford, D. B.|page=90|chapter=Animal Cults}}</ref><ref>{{cite book|last=Leavitt|first=J.|title=Greek and Egyptian Mythologies|year=1992|publisher=University of Chicago Press|location=Chicago, IL|isbn=978-0-226-06454-3|editor=Bonnefoy, Y.|page=[https://archive.org/details/greekegyptianmyt00bonn/page/248 248]|chapter=The Cults of Isis among the Greeks and in the Roman Empire|chapter-url=https://archive.org/details/greekegyptianmyt00bonn/page/248}}</ref> 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.<ref name="HSE" /> | Despite their place in mythology and literature, actual acts of bestiality were probably as uncommon in antiquity as they are today.<ref name="HSE" /> Roman civil law, however, made no mention of it.<ref>{{cite web|last=Norton|first=R.|title=Of Sodomy and Bestiality|url=http://rictornorton.co.uk/eighteen/1729disn.htm|work=Homosexuality in Eighteenth-Century England: A Sourcebook|accessdate=18 February 2012}}</ref> The explicit prohibition of and strict penalties for zoophilia universal in later European legal systems were derived from Jewish and Christian tradition.<ref name="HSE" /> 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."<ref name="ReferenceA" /> 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.<ref>{{cite web|title=THE COUNCIL OF ANCYRA, HISTORICAL NOTE & CANONS|url=http://www.synaxis.org/canon/ECF37THE_COUNCIL_OF_ANCYRA_HISTORICAL.htm|accessdate=18 February 2012|archive-url=https://web.archive.org/web/20100213214224/http://www.synaxis.org/canon/ECF37THE_COUNCIL_OF_ANCYRA_HISTORICAL.htm|archive-date=13 February 2010|url-status=dead}}</ref> | ||
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).<ref>[http://www.fordham.edu/halsall/ancient/1650nesilim.asp The Code of the Nesilim, c. 1650-1500 BCE] Retrieved 24 July 2013</ref> | |||
==Europe: Middle Ages== | ==Europe: Middle Ages== | ||
In the Church-oriented culture of the | 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|date=December 2017}} Sects deemed heretical by the Church such as the Hussites were accused of bestiality.<ref name="Out Of Print Marmor 1980 p. ">{{cite book | author=Out Of Print | last2=Marmor | first2=J. | title=Homosexual Behavior | publisher=Basic Books | year=1980 | isbn=978-0-465-03045-3 | url=https://books.google.com/books?id=rBkbAAAAYAAJ | access-date=2022-10-16 | page=}}</ref> Masters comments that: | ||
:"Theologians, bowing to Biblical prohibitions and basing their judgements on the conception of man as a spiritual being and of the animal as a merely carnal one, have regarded the same phenomenon as both a violation of Biblical edicts and a degradation of man, with the result that the act of bestiality has been castigated and | :"Theologians, bowing to Biblical prohibitions and basing their judgements on the conception of man as a spiritual being and of the animal as a merely carnal one, have regarded the same phenomenon as both a violation of Biblical edicts and a degradation of man, with the result that the act of bestiality has been castigated and anathematized [...]"{{citation needed|date=December 2017}} | ||
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 | 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<ref>{{cite book | url=https://books.google.com/books?id=GQlJj3_koNUC&dq=thomas+weir+bestiality&pg=PA168 | title=The Culture of Controversy: Religious Arguments in Scotland, 1660-1714 | isbn=9781843837299 | last1=Raffe | first1=Alasdair | year=2012 }}</ref><ref>{{cite book | url=https://books.google.com/books?id=EK3tCwAAQBAJ&dq=thomas+weir+bestiality&pg=PA191 | title=Witchcraft and Folk Belief in the Age of Enlightenment: Scotland, 1670-1740 | isbn=9781137313249 | last1=Henderson | first1=Lizanne | date=8 April 2016 }}</ref><ref>{{cite book | url=https://books.google.com/books?id=mGMUBAAAQBAJ&dq=%22thomas+weir%22+%22atherton%22&pg=PA271 | title=Incest and Agency in Elizabeth's England | isbn=978-0812203301 | last1=Quilligan | first1=Maureen | date=7 June 2011 }}</ref> and John Atherton.<ref>{{cite book | url=https://books.google.com/books?id=FT8FO95uMyYC&dq=john+atherton+bestiality&pg=PA215 | title=The Ancient and Modern History of the Maritime Ports of Ireland | isbn=9783954273522 | last1=Marmion | first1=Anthony | date=June 2013 }}</ref><ref>{{cite book | url=https://books.google.com/books?id=ncRpEAAAQBAJ&dq=john+atherton+bestiality&pg=PT89 | title=Trial of Translation: An Examination of 1 Corinthians 6:9 in the Vernacular Bibles of the Early Modern Period | isbn=9781725277557 | last1=Wirrig | first1=Adam L. | date=4 April 2022 }}</ref><ref>{{cite book | url=https://books.google.com/books?id=oGKJDwAAQBAJ&dq=john+atherton+bestiality&pg=PA357 | title=Sex and the Church in the Long Eighteenth Century: Religion, Enlightenment and the Sexual Revolution | isbn=9781786731579 | last1=Gibson | first1=William | last2=Begiato | first2=Joanne | date=28 February 2017 }}</ref> 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|date=December 2017}} Historians claim there were more than a thousand executions recorded for bestiality in Sweden throughout the 17th and 18th centuries.<ref name="Österberg 2010 p. 170">{{cite book | last=Österberg | first=E. | title=Friendship and Love, Ethics and Politics: Studies in Mediaeval and Early Modern History | publisher=Central European University Press | series=The Natalie Zemon Davis Annual Lectures Series | year=2010 | isbn=978-615-5211-79-9 | url=https://books.google.com/books?id=Q_0OEAAAQBAJ&pg=PA170 | access-date=2022-11-30 | page=170}}</ref><ref name="Krogh 2011 p. 59">{{cite book | last=Krogh | first=T. | title=A Lutheran Plague: Murdering to Die in the Eighteenth Century | publisher=Brill | series=Studies in Central European Histories | year=2011 | isbn=978-90-04-22137-6 | url=https://books.google.com/books?id=8ccyAQAAQBAJ&pg=PA59 | access-date=2022-11-30 | page=59}}</ref> | ||
On the other hand, other accounts are more possibly fictitious, such as | 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|date=December 2017}} | ||
Clergyman and chronicler | 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.<ref>[http://findarticles.com/p/articles/mi_qn4158/is_/ai_n12800341 Last Night's Television: Always let a sleeping pagan lie]</ref><ref>{{cite news| url=https://www.theguardian.com/media/2004/jul/20/television.artsfeatures | work=The Guardian | location=London | title=Please, please tell me now | date=July 20, 2004 | accessdate=May 4, 2010 | first=Nancy | last=Banks-Smith}}</ref> | ||
Although thousands of female | 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|date=December 2017}} | ||
==French Revolution and legal reform== | |||
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.<ref name="Napoleonic Code">[http://www.glbtq.com/social-sciences/napoleonic_code.html Napoleonic Code ] {{webarchive|url=https://web.archive.org/web/20140910195256/http://www.glbtq.com/social-sciences/napoleonic_code.html |date=2014-09-10 }}</ref><ref name="Sexual Relations with Animals">[https://books.google.com/books?id=Z-GbOvrbniQC&dq=Russia+law+zoophilia&pg=PT9 Bestiality and Zoophilia: Sexual Relations with Animals ]</ref> | |||
==19th-Century== | ==19th-Century== | ||
In 1835, the | In 1835, the Russian Empire criminalized ''skotolozhstvo'' (bestiality) in the country. In 1845, the Russian Empire merged both ''muzhelozhstvo'' (sodomy) and ''skotolozhstvo'' statues together into a single statue prohibiting ''protivoestestvennye poroki'' (vices contrary to nature).<ref name="Sex and the Search for Modernity in Fin-de-siècle Russia" /> 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.<ref name="Criminally Queer">{{cite book |last=Rydström |first=Jens |date=May 31, 2007 |title=Criminally Queer: Homosexuality and Criminal Law in Scandinavia 1842-1999 |isbn=9789052602455 |accessdate=September 9, 2014 |url=https://books.google.com/books?id=cfsUAQAAIAAJ}}</ref> | ||
In 1855, the | 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.<ref> | ||
{{cite book | {{cite book | ||
|first=Wilhelm | |first=Wilhelm | ||
Line 52: | Line 48: | ||
|others=[[Charles Julius Hempel]] | |others=[[Charles Julius Hempel]] | ||
|year=1854 | |year=1854 | ||
|url=https://books.google.com/books?id=1PjgLvjto-kC& | |url=https://books.google.com/books?id=1PjgLvjto-kC&q=%22sodomy+was+originally+practiced+by+shepherds%22&pg=PA202}}</ref> | ||
In 1852, the | 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.<ref name="an Unrecognized Problem in Animal Welfare Legislation" /> 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.<ref name="Sexual Relations with Animals" /> 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.<ref name="Criminally Queer" /> 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.<ref name="Criminally Queer" /> | ||
On May 15, 1871, the | On May 15, 1871, the German Empire enacted Paragraph 175 into the “Reichs-Criminal Code” (RStGB) which outlawed zoophilia and punished it by imprisonment.<ref name="an Unrecognized Problem in Animal Welfare Legislation" /><ref>[https://books.google.com/books?id=44lheqlq-jYC&dq=May+15%2C+1871+Paragraph+175&pg=PA70 Chicago Whispers: A History of LGBT Chicago before Stonewall]</ref> In 1878, the penal code of the Kingdom of Hungary criminalized bestiality with a maximum of one year in prison.<ref name="Sexual Relations with Animals" /> 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.<ref name="Criminally Queer" /> | ||
==20th-Century== | ==20th-Century== | ||
[[File:Édouard-Henri Avril (28).jpg|thumb|Plate XVII by Édouard-Henri Avril, ''De Figuris Veneris'' (1906)]] | [[File:Édouard-Henri Avril (28).jpg|thumb|Plate XVII by Édouard-Henri Avril, ''De Figuris Veneris'' (1906)]] | ||
On June 28, 1935, | 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.<ref name="an Unrecognized Problem in Animal Welfare Legislation">[http://www.tierimrecht.org/en/PDF/Zoophilia_an_Unrecognized_Problem_in_Animal_Welfare_Legislation.pdf Sexuality with Animals (Zoophilia) – an Unrecognized Problem in Animal Welfare Legislation ] {{webarchive|url=https://web.archive.org/web/20160303221500/http://www.tierimrecht.org/en/PDF/Zoophilia_an_Unrecognized_Problem_in_Animal_Welfare_Legislation.pdf |date=2016-03-03 }}</ref> | ||
During the 20th century, zoophilia was legalized in the | During the 20th century, zoophilia was legalized in the Russian Empire in 1903,<ref name="Sex and the Search for Modernity in Fin-de-siècle Russia">[https://archive.org/details/keystohappinesss0000enge/page/59 <!-- quote=Russia skotolozhstvo. --> The Keys to Happiness: Sex and the Search for Modernity in Fin-de-siècle Russia ]</ref> in Denmark (including Greenland and Faroes) on January 1, 1933,<ref name="Criminally Queer" /><ref>[http://www.thegranitetower.com/news/articleView.html?idxno=905 Animal Slaughter is Illegal in Denmark but Animal Prostitution Is Not ]</ref> in Iceland on August 12, 1940,<ref name="Criminally Queer" /> in Sweden in 1944,<ref>[http://www.inquisitr.com/163453/sweden-considering-ban-on-beastiality/ Sweden Considering Ban On Beastiality<!--sic--> ]</ref> in Hungarian People's Republic in 1961, in West Germany in 1969,<ref name="an Unrecognized Problem in Animal Welfare Legislation" /> in Austria in 1971,<ref name="an Unrecognized Problem in Animal Welfare Legislation" /> in Finland on January 15, 1971,<ref name="Criminally Queer" /><ref>{{cite web|url=http://yliopistolehti.helsinki.fi/yl14art.htm#a6|title=Järjettömäin luondocappalden canssa|first=Pekka|last=Kilpinen|work=University of Helsinki|year=2001|accessdate=13 July 2014|language=fi|url-status=dead|archiveurl=https://web.archive.org/web/20070320104934/http://yliopistolehti.helsinki.fi/yl14art.htm|archivedate=20 March 2007}}</ref> and Norway on April 21, 1972.<ref name="Criminally Queer" /> | ||
==21st-Century== | ==21st-Century== | ||
In 2003, the | 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.<ref>[http://www.legislation.gov.uk/ukpga/2003/42/section/69 Intercourse with an animal ]</ref> | ||
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.<ref>[http://uk.reuters.com/article | 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.<ref>[http://uk.reuters.com/article/oukoe-uk-denmark-sex-idUKL3073141820061130 Animal sex proposal spurs call for referendum ]</ref> 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.<ref name="bbcdenmark">{{cite news | date = 22 April 2015 | title = Denmark passes law to ban bestiality | work = BBC Newsbeat | accessdate = 20 July 2015 | url = http://www.bbc.co.uk/newsbeat/article/32411241/denmark-passes-law-to-ban-bestiality}}</ref> | ||
During the 21st century, | During the 21st century, bestiality was re-criminalized in the following countries or territories: | ||
{| class="wikitable sortable" | |||
|+United States of America | |||
!Federal district or state | |||
!Date criminalized | |||
!Penalty for first-time non-violent bestiality offense | |||
|- | |||
|Iowa | |||
|July 1, 2001 | |||
|Class D felony, up to 5 years in prison, a fine up to $1,025 to $10,245 and the court may impose other conditions, such as restrictions on owning animals or mandatory psychological counseling, particularly if the offense is deemed to have resulted from a psychological or behavioral issue. | |||
|- | |||
|Maine | |||
|September 21, 2001 | |||
|Class D crime, up to 1 year in jail, a fine up to $2,000 and the court may order psychological counseling, especially if the offense is part of a pattern of behavior or related to underlying mental health issues. Additionally, offenders may face restrictions on owning or possessing animals and may be required to surrender any animals they currently own. | |||
|- | |||
|Oregon | |||
|January 1, 2002 | |||
|Class C felony, up to 5 years in prison, a fine up to $125,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is connected to psychological issues. Furthermore, offenders may face restrictions on owning animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Illinois | |||
|January 1, 2003 | |||
|Class 4 felony, between 1 to 3 years in prison, a fine up to $25,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be forfeited. | |||
|- | |||
|South Dakota | |||
|July 1, 2003 | |||
|Class 6 felony, up to 2 years in prison, a fine up to $4,000 and the court may order psychological counseling, particularly if the offense is part of a broader pattern of behavior or is related to mental health issues. Additionally, offenders may face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Missouri | |||
|August 28, 2003 | |||
|Class A misdemeanor, up to 1 year in a county jail, a fine up to $2,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Washington | |||
|June 7, 2006 | |||
|Class C felony, up to 5 years in prison, a fine up to $10,000 and the court may order psychological counseling, particularly if the offense is connected to psychological issues or if the offender is deemed a risk for future offenses. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|Vermont | |||
|July 1, 2006 | |||
|Misdemeanor, up to 1 year in jail, a fine up to $2,000 and the court may also impose additional conditions, such as mandatory psychological counseling if the offense is related to psychological or behavioral issues. Offenders may face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Arizona | |||
|August 12, 2006 | |||
|Class 6 felony, between 4 months to 2 years years in prison, a fine up to $150,000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is related to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be forfeited. | |||
|- | |||
|Colorado | |||
|July 1, 2007 | |||
|Class 6 felony, between 1 to 1.5 year in prison, with a mandatory parole period of 1 year, a fine up to $100,000, the court may order mandatory psychological counseling, particularly if the offense is connected to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|Indiana | |||
|July 1, 2007 | |||
|Level 6 felony, between 6 months to 2.5 years in prison, a fine up to $10,000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Tennessee | |||
|July 1, 2007 | |||
|Class E felony, between 1 to 6 years in prison, a fine up to $3,000 and the court may also impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Additionally, offenders may be prohibited from owning or possessing animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Alaska | |||
|July 1, 2010 | |||
|Class A misdemeanor, up to 1 year in jail, a fine up to $10,000 and the court may order psychological counseling, particularly if the offense is related to psychological or behavioral issues. Additionally, offenders may be required to forfeit any animals involved in the offense, and they may face restrictions on owning or possessing animals for a period of time after their sentence. | |||
|- | |||
|Florida | |||
|October 1, 2011 | |||
|Third-degree felony, up to 5 years in prison, a fine up to $5,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|Alabama | |||
|July 1, 2014 | |||
|Class A misdemeanor, up to 1 year in jail, a fine up to $6000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and forfeited. | |||
|- | |||
|New Jersey | |||
|November 9, 2015 | |||
|Third-degree crime, between 3 to 5 years in prison, a fine up to $15,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Texas | |||
|September 1, 2017 | |||
|State jail felony, between 180 days to 2 years in a state jail facility, a fine up to $10,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. | |||
|- | |||
|Nevada | |||
|October 1, 2017 | |||
|Category D felony, between 1 to 4 years in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|New Hampshire | |||
|January 1, 2017 | |||
|Class D felony, up to 1 year in jail, a fine up to $2,000 and the court may order mandatory psychological counseling, particularly if the offense is related to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|Kentucky | |||
|June 27, 2019 | |||
|Class D felony, between 1 to 5 years in prison, a fine and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|Ohio | |||
|March 24, 2021 | |||
|Second-degree misdemeanor, up to 90 days in jail, a fine up to $750 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also be required to forfeit the animal involved in the offense and may face restrictions on owning or possessing animals in the future. | |||
|- | |||
|Hawaii | |||
|June 7, 2021 | |||
|Class C felony, up to 5 years in prison, a fine up to $10,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. Additionally, offenders may be required to pay restitution for the care of the animals. | |||
|- | |||
|Wyoming | |||
|July 1, 2021 | |||
|Felony, up to 2 years in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|District of Columbia | |||
|April 23, 2023 | |||
|Class B misdemeanor, up to 180 days in prison, a fine up to $1,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. | |||
|- | |||
|New Mexico | |||
|June 16, 2023 | |||
|Fourth-degree felony, up to 18 months in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. The court may also impose community service or other rehabilitative measures. | |||
|} | |||
{| class="wikitable sortable" | |||
|+Europe | |||
!Country | |||
!Date criminalized | |||
!Penalty for first-time non-violent bestiality offense | |||
|- | |||
|France | |||
|10 March 2004 | |||
|Misdemeanor, up to 2 years imprisonment and a fine up to €30,000 | |||
|- | |||
|Belgium | |||
|11 May 2007 | |||
|Misdemeanor, up to 1 month to 3 years imprisonment and a fine between €52 to €2,000 | |||
|- | |||
|Norway | |||
|1 January 2010 | |||
|Misdemeanor, up to 1 year imprisonment and a fine up to 75,000 NOK | |||
|- | |||
|Netherlands | |||
|1 July 2010 | |||
|Misdemeanor, up to 1 year imprisonment and a fine up to €19,500 | |||
|- | |||
|Germany | |||
|13 December 2012 | |||
|Administrative offense, a fine up to €25,000 (if the animal was forced) | |||
|- | |||
|Iceland | |||
|1 January 2014 | |||
|Misdemeanor, a fine using the day-fine system | |||
|- | |||
|Sweden | |||
|2014-04-01 | |||
|Misdemeanor, up to 2 year imprisonment and a fine using the day-fine system | |||
|- | |||
|Spain | |||
|30 March 2015 | |||
|Administrative offense, between 1 to 30 days of community service, a fine between 1 to 2 months using the day-fine system and a special disqualification between 3 months to 1 year imposed for the exercise of a profession, trade or trade that is related to animals and for the possession of animals | |||
|- | |||
|Denmark | |||
|1 July 2015 | |||
|Misdemeanor, a fine determined by a case-by-case basis | |||
|} | |||
{| class="wikitable sortable" | |||
|+Australia | |||
!Territory | |||
!Date criminalized | |||
!Penalty for first-time non-violent bestiality offense | |||
|- | |||
|Australian Capital Territory | |||
|22 March 2011 | |||
|Indictable offense, up to 10 years imprisonment | |||
|} | |||
==See also== | ==See also== | ||
* [[ | * [[Human–animal marriage]] | ||
==References== | ==References== | ||
Line 89: | Line 238: | ||
* Gaston Dubois-Desaulle: ''Bestiality: An Historical, Medical, Legal, and Literary Study'', University Press of the Pacific (November 1, 2003), {{ISBN|1-4102-0947-4}} (Paperback Ed.) | * Gaston Dubois-Desaulle: ''Bestiality: An Historical, Medical, Legal, and Literary Study'', University Press of the Pacific (November 1, 2003), {{ISBN|1-4102-0947-4}} (Paperback Ed.) | ||
* Hans Hentig Ph.D.: ''Soziologie der Zoophilen Neigung (Sociology of the Zoophile Preference)'' (1962) | * Hans Hentig Ph.D.: ''Soziologie der Zoophilen Neigung (Sociology of the Zoophile Preference)'' (1962) | ||
* Bronisław Malinowski:<br>''The Trobriand Islands'' (1915)<br> ''The Sexual Life of Savages in North-Western Melanesia'' (1929) | * Bronisław Malinowski:<br />''The Trobriand Islands'' (1915)<br /> ''The Sexual Life of Savages in North-Western Melanesia'' (1929) | ||
* Robson, ''Bestiality and Bestial Rape in Greek Myth'', 1997, S. Deacy and K. F. Pearce (edd.), Rape in Antiquity, Duckworth, 65-96 | * Robson, ''Bestiality and Bestial Rape in Greek Myth'', 1997, S. Deacy and K. F. Pearce (edd.), Rape in Antiquity, Duckworth, 65-96 | ||
* Voget, F. W. (1961) Sex life of the American Indians, in Ellis, A. & Abarbanel, A. (Eds.) The Encyclopaedia of Sexual Behavior, Volume 1. London: W. Heinemann, p90-109 | * Voget, F. W. (1961) Sex life of the American Indians, in Ellis, A. & Abarbanel, A. (Eds.) The Encyclopaedia of Sexual Behavior, Volume 1. London: W. Heinemann, p90-109 | ||
*Holy Scriptures-Ezekiel 23:28 | *Holy Scriptures-Ezekiel 23:28 | ||
{{DEFAULTSORT:Historical And Cultural Perspectives On Zoophilia}} | {{DEFAULTSORT:Historical And Cultural Perspectives On Zoophilia}} | ||
[[Category: | [[Category:History]] | ||
[[Category: | [[Category:Culture]] |
Latest revision as of 18:43, 12 October 2024
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]
Prehistory
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]
Classical antiquity
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]
Europe: Middle Ages
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:
- "Theologians, bowing to Biblical prohibitions and basing their judgements on the conception of man as a spiritual being and of the animal as a merely carnal one, have regarded the same phenomenon as both a violation of Biblical edicts and a degradation of man, with the result that the act of bestiality has been castigated and anathematized [...]"[citation needed]
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]
French Revolution and legal reform
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]
19th-Century
In 1835, the Russian Empire criminalized skotolozhstvo (bestiality) in the country. In 1845, the Russian Empire merged both muzhelozhstvo (sodomy) and skotolozhstvo statues together into a single statue 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]
20th-Century
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]
21st-Century
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]
During the 21st century, bestiality was re-criminalized in the following countries or territories:
Federal district or state | Date criminalized | Penalty for first-time non-violent bestiality offense |
---|---|---|
Iowa | July 1, 2001 | Class D felony, up to 5 years in prison, a fine up to $1,025 to $10,245 and the court may impose other conditions, such as restrictions on owning animals or mandatory psychological counseling, particularly if the offense is deemed to have resulted from a psychological or behavioral issue. |
Maine | September 21, 2001 | Class D crime, up to 1 year in jail, a fine up to $2,000 and the court may order psychological counseling, especially if the offense is part of a pattern of behavior or related to underlying mental health issues. Additionally, offenders may face restrictions on owning or possessing animals and may be required to surrender any animals they currently own. |
Oregon | January 1, 2002 | Class C felony, up to 5 years in prison, a fine up to $125,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is connected to psychological issues. Furthermore, offenders may face restrictions on owning animals, and any animals involved in the offense may be seized. |
Illinois | January 1, 2003 | Class 4 felony, between 1 to 3 years in prison, a fine up to $25,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be forfeited. |
South Dakota | July 1, 2003 | Class 6 felony, up to 2 years in prison, a fine up to $4,000 and the court may order psychological counseling, particularly if the offense is part of a broader pattern of behavior or is related to mental health issues. Additionally, offenders may face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. |
Missouri | August 28, 2003 | Class A misdemeanor, up to 1 year in a county jail, a fine up to $2,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. |
Washington | June 7, 2006 | Class C felony, up to 5 years in prison, a fine up to $10,000 and the court may order psychological counseling, particularly if the offense is connected to psychological issues or if the offender is deemed a risk for future offenses. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
Vermont | July 1, 2006 | Misdemeanor, up to 1 year in jail, a fine up to $2,000 and the court may also impose additional conditions, such as mandatory psychological counseling if the offense is related to psychological or behavioral issues. Offenders may face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. |
Arizona | August 12, 2006 | Class 6 felony, between 4 months to 2 years years in prison, a fine up to $150,000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is related to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be forfeited. |
Colorado | July 1, 2007 | Class 6 felony, between 1 to 1.5 year in prison, with a mandatory parole period of 1 year, a fine up to $100,000, the court may order mandatory psychological counseling, particularly if the offense is connected to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
Indiana | July 1, 2007 | Level 6 felony, between 6 months to 2.5 years in prison, a fine up to $10,000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. |
Tennessee | July 1, 2007 | Class E felony, between 1 to 6 years in prison, a fine up to $3,000 and the court may also impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Additionally, offenders may be prohibited from owning or possessing animals, and any animals involved in the offense may be seized. |
Alaska | July 1, 2010 | Class A misdemeanor, up to 1 year in jail, a fine up to $10,000 and the court may order psychological counseling, particularly if the offense is related to psychological or behavioral issues. Additionally, offenders may be required to forfeit any animals involved in the offense, and they may face restrictions on owning or possessing animals for a period of time after their sentence. |
Florida | October 1, 2011 | Third-degree felony, up to 5 years in prison, a fine up to $5,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
Alabama | July 1, 2014 | Class A misdemeanor, up to 1 year in jail, a fine up to $6000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and forfeited. |
New Jersey | November 9, 2015 | Third-degree crime, between 3 to 5 years in prison, a fine up to $15,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. |
Texas | September 1, 2017 | State jail felony, between 180 days to 2 years in a state jail facility, a fine up to $10,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized. |
Nevada | October 1, 2017 | Category D felony, between 1 to 4 years in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
New Hampshire | January 1, 2017 | Class D felony, up to 1 year in jail, a fine up to $2,000 and the court may order mandatory psychological counseling, particularly if the offense is related to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
Kentucky | June 27, 2019 | Class D felony, between 1 to 5 years in prison, a fine and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
Ohio | March 24, 2021 | Second-degree misdemeanor, up to 90 days in jail, a fine up to $750 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also be required to forfeit the animal involved in the offense and may face restrictions on owning or possessing animals in the future. |
Hawaii | June 7, 2021 | Class C felony, up to 5 years in prison, a fine up to $10,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. Additionally, offenders may be required to pay restitution for the care of the animals. |
Wyoming | July 1, 2021 | Felony, up to 2 years in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
District of Columbia | April 23, 2023 | Class B misdemeanor, up to 180 days in prison, a fine up to $1,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. |
New Mexico | June 16, 2023 | Fourth-degree felony, up to 18 months in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. The court may also impose community service or other rehabilitative measures. |
Country | Date criminalized | Penalty for first-time non-violent bestiality offense |
---|---|---|
France | 10 March 2004 | Misdemeanor, up to 2 years imprisonment and a fine up to €30,000 |
Belgium | 11 May 2007 | Misdemeanor, up to 1 month to 3 years imprisonment and a fine between €52 to €2,000 |
Norway | 1 January 2010 | Misdemeanor, up to 1 year imprisonment and a fine up to 75,000 NOK |
Netherlands | 1 July 2010 | Misdemeanor, up to 1 year imprisonment and a fine up to €19,500 |
Germany | 13 December 2012 | Administrative offense, a fine up to €25,000 (if the animal was forced) |
Iceland | 1 January 2014 | Misdemeanor, a fine using the day-fine system |
Sweden | 2014-04-01 | Misdemeanor, up to 2 year imprisonment and a fine using the day-fine system |
Spain | 30 March 2015 | Administrative offense, between 1 to 30 days of community service, a fine between 1 to 2 months using the day-fine system and a special disqualification between 3 months to 1 year imposed for the exercise of a profession, trade or trade that is related to animals and for the possession of animals |
Denmark | 1 July 2015 | Misdemeanor, a fine determined by a case-by-case basis |
Territory | Date criminalized | Penalty for first-time non-violent bestiality offense |
---|---|---|
Australian Capital Territory | 22 March 2011 | Indictable offense, up to 10 years imprisonment |
See also
References
- ↑ Bahn, Paul G. (1998). The Cambridge illustrated history of prehistoric art. Cambridge: Cambridge University Press. p. 188. ISBN 978-0-521-45473-5. Retrieved 18 February 2012.
- ↑ 2.0 2.1 2.2 2.3 2.4 Cornog, M.; Perper, T. (1994). "Bestiality". In Haeberle, E. J.; Bullough, B. L.; Bullough; et al. (eds.). Human Sexuality: An Encyclopedia. New York & London: Garland. Archived from the original on 4 February 2012. Retrieved 18 February 2012.
- ↑ 3.0 3.1 Leviticus 20:15
- ↑ Regan, Tom. Animal Rights, Human Wrongs. Rowman & Littlefield, 2003, pp. 63-4, 89.
- ↑ Francis, Thomas (20 August 2009). "Those Who Practice Bestiality Say They're Part of the Next Sexual Rights Movement". Broward Palm Beach New Times. Archived from the original on 15 February 2015. Retrieved 18 February 2012.
- ↑ Angulo Cuesta, J.; García Diez, M. (2006). "Diversity and meaning of Palaeolithic phallic male representations in Western Europe". Actas Urol Esp. 30 (3): 254–267. Archived from the original on 2012-07-26.
- ↑ Anati, E. (2008). "The Way of Life Recorded in the Rock Art of Valcamonica" (PDF). Adoranten. Scandinavian Society for Prehistoric Art (2008). Archived from the original (PDF) on 2010-08-19.
- ↑ "Sagaholm". On the rocks. Archived from the original on 7 September 2011. Retrieved 18 February 2012.
- ↑ Bull, M. (2005). The Mirror of the Gods, How Renaissance Artists Rediscovered the Pagan Gods. Oxford: Oxford University Press. ISBN 0-19-521923-6.
- ↑ Ray, J. D. (2002). "Animal Cults". In Redford, D. B. (ed.). The Ancient Gods Speak: A Guide to Egyptian Religion. Oxford: Oxford University Press. p. 90. ISBN 978-0-19-515401-6.
- ↑ Leavitt, J. (1992). "The Cults of Isis among the Greeks and in the Roman Empire". In Bonnefoy, Y. (ed.). Greek and Egyptian Mythologies. Chicago, IL: University of Chicago Press. p. 248. ISBN 978-0-226-06454-3.
- ↑ Norton, R. "Of Sodomy and Bestiality". Homosexuality in Eighteenth-Century England: A Sourcebook. Retrieved 18 February 2012.
- ↑ "THE COUNCIL OF ANCYRA, HISTORICAL NOTE & CANONS". Archived from the original on 13 February 2010. Retrieved 18 February 2012.
- ↑ The Code of the Nesilim, c. 1650-1500 BCE Retrieved 24 July 2013
- ↑ Out Of Print; Marmor, J. (1980). Homosexual Behavior. Basic Books. ISBN 978-0-465-03045-3. Retrieved 2022-10-16.
- ↑ Raffe, Alasdair (2012). The Culture of Controversy: Religious Arguments in Scotland, 1660-1714. ISBN 9781843837299.
- ↑ Henderson, Lizanne (8 April 2016). Witchcraft and Folk Belief in the Age of Enlightenment: Scotland, 1670-1740. ISBN 9781137313249.
- ↑ Quilligan, Maureen (7 June 2011). Incest and Agency in Elizabeth's England. ISBN 978-0812203301.
- ↑ Marmion, Anthony (June 2013). The Ancient and Modern History of the Maritime Ports of Ireland. ISBN 9783954273522.
- ↑ Wirrig, Adam L. (4 April 2022). Trial of Translation: An Examination of 1 Corinthians 6:9 in the Vernacular Bibles of the Early Modern Period. ISBN 9781725277557.
- ↑ Gibson, William; Begiato, Joanne (28 February 2017). Sex and the Church in the Long Eighteenth Century: Religion, Enlightenment and the Sexual Revolution. ISBN 9781786731579.
- ↑ Österberg, E. (2010). Friendship and Love, Ethics and Politics: Studies in Mediaeval and Early Modern History. The Natalie Zemon Davis Annual Lectures Series. Central European University Press. p. 170. ISBN 978-615-5211-79-9. Retrieved 2022-11-30.
- ↑ Krogh, T. (2011). A Lutheran Plague: Murdering to Die in the Eighteenth Century. Studies in Central European Histories. Brill. p. 59. ISBN 978-90-04-22137-6. Retrieved 2022-11-30.
- ↑ Last Night's Television: Always let a sleeping pagan lie
- ↑ Banks-Smith, Nancy (July 20, 2004). "Please, please tell me now". The Guardian. London. Retrieved May 4, 2010.
- ↑ Napoleonic Code Archived 2014-09-10 at the Wayback Machine
- ↑ 27.0 27.1 27.2 Bestiality and Zoophilia: Sexual Relations with Animals
- ↑ 28.0 28.1 The Keys to Happiness: Sex and the Search for Modernity in Fin-de-siècle Russia
- ↑ 29.0 29.1 29.2 29.3 29.4 29.5 29.6 29.7 Rydström, Jens (May 31, 2007). Criminally Queer: Homosexuality and Criminal Law in Scandinavia 1842-1999. ISBN 9789052602455. Retrieved September 9, 2014.
- ↑ Gollmann, Wilhelm (1854). Homeopathic Guide to all Diseases Urinary and Sexual Organ. Charles Julius Hempel. Rademacher & Sheek.
- ↑ 31.0 31.1 31.2 31.3 31.4 Sexuality with Animals (Zoophilia) – an Unrecognized Problem in Animal Welfare Legislation Archived 2016-03-03 at the Wayback Machine
- ↑ Chicago Whispers: A History of LGBT Chicago before Stonewall
- ↑ Animal Slaughter is Illegal in Denmark but Animal Prostitution Is Not
- ↑ Sweden Considering Ban On Beastiality
- ↑ Kilpinen, Pekka (2001). "Järjettömäin luondocappalden canssa". University of Helsinki (in suomi). Archived from the original on 20 March 2007. Retrieved 13 July 2014.
- ↑ Intercourse with an animal
- ↑ Animal sex proposal spurs call for referendum
- ↑ "Denmark passes law to ban bestiality". BBC Newsbeat. 22 April 2015. Retrieved 20 July 2015.
Further reading
- Marie-Christine Anest: Zoophilie, homosexualite, rites de passage et initiation masculine dans la Greece contemporaine (Zoophilia, homosexuality, rites of passage and male initiation in contemporary Greece) (1994), ISBN 2-7384-2146-6
- Dubois-Dessaule: Etude Sur la Bestiality au point de Vue Historique (The Study of Bestiality from the Historical, Medical and Legal Viewpoint) (Paris, 1905)
- Gaston Dubois-Desaulle: Bestiality: An Historical, Medical, Legal, and Literary Study, University Press of the Pacific (November 1, 2003), ISBN 1-4102-0947-4 (Paperback Ed.)
- Hans Hentig Ph.D.: Soziologie der Zoophilen Neigung (Sociology of the Zoophile Preference) (1962)
- Bronisław Malinowski:
The Trobriand Islands (1915)
The Sexual Life of Savages in North-Western Melanesia (1929) - Robson, Bestiality and Bestial Rape in Greek Myth, 1997, S. Deacy and K. F. Pearce (edd.), Rape in Antiquity, Duckworth, 65-96
- Voget, F. W. (1961) Sex life of the American Indians, in Ellis, A. & Abarbanel, A. (Eds.) The Encyclopaedia of Sexual Behavior, Volume 1. London: W. Heinemann, p90-109
- Holy Scriptures-Ezekiel 23:28
- Pages with numeric Bible version references
- Webarchive template wayback links
- CS1 suomi-language sources (fi)
- Articles with short description
- Short description with empty Wikidata description
- Articles lacking reliable references from May 2021
- Articles with invalid date parameter in template
- All articles lacking reliable references
- Pages with broken file links
- All articles with unsourced statements
- Articles with unsourced statements from February 2012
- Articles with unsourced statements from December 2017
- History
- Culture