Bestiality

Abstract

The focus of this chapter is on bestiality, involving sex between humans and nonhuman animals. Some animal rights and feminist scholars have suggested that bestiality should be thought of as a form of nonconsensual sex. But to do so presupposes that animals can be harmed or wronged within the meaning of the liberal harm and wrong principles, which is far from clear. And even assuming that it does make sense to think of bestiality as involving nonconsensual sex, it needs to be asked if there is a coherent justification for criminalizing such conduct while so many other serious harms and wrongs to animals, including with respect to their sexual functions (such as breeding, neutering, spaying, and castrating) go unrestricted. Central here is the question of whether bestiality fits within the narrow sliver of animal mistreatment that is, under current law, considered sufficiently cruel to merit criminalization.