Sex between humans and animals is therefore predictably also relatively rare, but it has been practiced by people for perhaps thousands of years. Notwithstanding, the International Classification of Diseases/10th edition (ICD-10) and the Diagnostic and Statistical Manual of Mental Disorders/5th edition (DSM-V) of The American Psychiatric Association classifies sex with animals (bestiality/zoophilia) as ‘‘Other Disorders of Sexual Preference’’ and ‘‘Paraphilia Not Otherwise Specified’’ respectively.
Despite the general disgust and revulsion that most people express when the topic is broached, and despite bestiality being considered a psychological disorder - in many countries around the world - sex with animals is not illegal - and perhaps surprisingly some of those countries are in the EU. Even in some of the more highly developed EU countries, sex with animals has only very recently been made illegal (e.g. The German Animal Welfare Act 2013, s3(13)).
An article in the Digital Journal states that "sexual contact with animals has been legal in [Denmark] since 1933, and has apparently given birth to “barnyard brothels” in the country. Those establishments are reported to charge anywhere from $85 to $170 for an encounter with an animal! (A whole new meaning to a "petting" farm).
Laws in both Denmark and Norway are very permissive when it comes to a person’s legal right to engage in sexual activity with an animal. The only limitation is that the animal involved must not suffer!
Understandably - this whole issue catalyses strong emotions and raises complex moral and ethical questions as well as animal welfare and human health concerns.
For example, according to one study, men who had sex with animals were twice as likely to develop cancer of the penis as other men who did not. If this finding is corroborated, this may have serious implications for transferring animal viruses into the human population because people who have sex with animals do not restrict their sexual activity to animals and many will go on to have sex with human partners. Should this be the case, there is an argument that sex with animals should be made illegal in the wider public interest to protect the health of the population at large from contracting zoonotic diseases.
In a study of 300 children who sexually abused other children, 20% of them had a history of sexually abusing animals (Duffield et al., 1998). Whilst this research does not specifically suggest many or even any people who sexually abuse animals will go on to abuse children - the higher than average incidence of this correlation is a concern. Since sex with animals is a "sexual preference disorder" - this at least puts legislators on notice that there are troubling related issues.
Are there any other problems?
One piece of research reported "that professionals should be mindful of the potential level of dangerousness in individuals convicted of zoophilic offences" and that "individuals convicted of sexual offences involving animals were found to be the most deviant and indiscriminate of sex offenders." (Reported in Wilcox et al. 2005)
The real objection in our view however is that animals are incapable of consenting to sexual acts. In addition, they are sentient beings whose physical and mental integrity should be respected and afforded protection from sexual violation by humans.
Does the EU know about this issue?
A question was put to the Commission concerning this issue on 2/5/2012 by Tiziano Motti. Part of the question was as follows:
"It would appear, in light of activity on the Internet and of various reports, that in some EU Member States, such as Sweden, Spain, Denmark and lately even Germany, there is a gap in national provisions that allows certain pets and stray animals to be sexually exploited, in exchange for money, within dedicated venues. Apparently, some pet owners are offering their animals for this type of commercial use, and these are not isolated incidents but form part of an organised trade at European level that has already become a source of ‘sex tourism’."
What reply was given?
Mr Dalli replied on behalf of the Commission on 27/6/2012 stating:
"The Commission is not aware of the type of abuses mentioned by the Honourable Member and has not receive any evidence of possible health problems related to such practice in the EU.
According to Article 13 of the Treaty on the Functioning of the European Union (1), animal welfare is to be taken into consideration only in areas where the treatment of animals may interfere with some EU policies, like agriculture or the internal market.
Therefore, this matter remains under the sole competence of the Member States."
A second question was placed by Kay Swinburne (ECR) on 29/5/2012 as follows:
"It has been brought to my attention that bestiality is still legal in a number of EU Member States. It has been reported that a number of ‘bestiality brothels’ exist in Germany (1), despite the distribution of animal pornography being punishable by law.
Given that the EU has been very vocal on animal welfare issues, it would seem appropriate for the EU to intervene and introduce some common EU‐wide rules to illegalise bestiality and animal pornography and ensure that animals are adequately protected, as they are in my own Member State."
Answer given by Mr Dalli on behalf of the Commission (27 July 2012)
"The Commission is not aware of the type of abuses mentioned by the Honourable Member of the European Parliament.
According to Article 13 of the Treaty on the Functioning of the European Union (2), animal welfare is taken into consideration only in areas where the treatment of animals may interfere with some EU policies (3), like agriculture or internal market.
Therefore, this matter remains under the sole competence of the Member States."
When the European Parliament was served with two petition on 27/3/13 - the EU changed tack by at least no longer denying the problem: In the Commission reply, on 27 March 2013 the EU simply washed its hands of the issue and stated:
"... certain topics of animal protection remain under the responsibility of the Member States (e.g... bestiality...)."
Given the distasteful nature of the topic - it is little wonder the issue is rarely debated publicly. In the absence of public scrutiny there are many examples of animals being severely injured (thus requiring veterinary attention), contracting sexually transmitted infections and even being killed during the course of the expression of this "sexual preference disorder".
On the basis of these facts, is it right that this deviant behaviour should go unchallenged within several member states within the EU?
Whilst the EU is not and should not be a "sexual/moral policeman" - there is enough evidence available to indicate animal welfare is seriously compromised by this sexually deviant behaviour happening within its borders. In addition, zoophilia represents a potential threat to human health.
Once again - it is clear the EU tolerates behaviour which directly harms sentient and defenceless animals but on this occasion it serves no legitimate aim or sensible purpose beyond indulging the sexual dysfunctions of a small number of individuals to the detriment of animals. Once again, we would argue the EU is exposed for displaying little or no moral leadership!
How can anyone argue that the welfare of animals is well served under the arrangements currently in place within the EU?
Sources of Information
- http://www.digitaljournal.com/news/world/campaign-to-end-bestiality-in-denmark-gains-momentum/article/374303#ixzz36fRcancJ
- http://www.dailymail.co.uk/news/article-2352779/Bestiality-brothels-spreading-Germany-campaigner-claims-abusers-sex-animals-lifestyle-choice.html
- http://www.livescience.com/16903-sex-animals-bestiality-penile-cancer.html
- Duffield, G., Hassiotis, A. & Vizard, E. (1998) "Zoophilia in young sexual abusers" Journal of Forensic Psychiatry 9(2):294-304.
- http://apps.who.int/classifications/icd10/browse/2010/en#/F65.8
- Wilcox et al., (2005) http://www.hawaii.edu/hivandaids/A_Case_Study_of_a_Male_Sex_Offender_with_Zoosexual_Interests_and_Behaviours.pdf
- The International Handbook of Animal Abuse and Cruelty: Theory, Research, and Application by Frank R. Ascione
- http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:C2013/192E/01&rid=1
- http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2013_173_E_0001_01&rid=2
- http://www.europarl.europa.eu/meetdocs/2009_2014/documents/peti/cm/931/931951/931951en.pdf
For additional detail see
http://www.occupyforanimals.org/animal-rape-and-animal-brothel.html