Leslie Massey
Bestiality, or sexual acts with animals, is illegal in many parts of the world, including Australia, where all states have banned the practice. In the US, bestiality is illegal in 49 states, with only West Virginia yet to enact legislation against it. In Germany, attempts to overturn the ban on bestiality have failed, and in Sweden, bestiality was banned as recently as 2015.
| Characteristics | Values |
|---|---|
| Bestiality legality in Australia | Illegal |
| Zoophilic pornography legality in Australia | Banned in New South Wales |
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What You'll Learn
Bestiality is illegal across Australia and its states
Bestiality is illegal in Australia and is considered a criminal offence. This means that it is illegal to engage in any form of sexual intercourse with an animal. The legality of bestiality in Australia has been the subject of several court cases, dating back to the early days of British colonisation in the region.
In New South Wales (NSW), for example, Section 79 of the Crimes Act 1900 makes it a criminal offence to engage in sexual acts with an animal within the state. Additionally, Section 80 of the same Act stipulates that attempting bestiality is also a crime, carrying a maximum penalty of five years' imprisonment.
Other Australian states have also taken a strong stance against bestiality. For instance, in the Northern Territory (NT), there have been recent cases of individuals being sentenced to lengthy prison terms for bestiality and animal cruelty. In one notable case, a British crocodile expert, Adam Britton, was sentenced to over 10 years in prison for crimes including bestiality, animal cruelty, and possessing child abuse material. Britton's crimes involved the sexual abuse of dozens of dogs, which he filmed and shared online.
The legal system in Australia has recognised the seriousness of bestiality offences, with judges describing such acts as "grotesque" and "unspeakable". Animal rights activists have also advocated for stronger penalties for animal cruelty, including bestiality, to deter potential offenders and ensure the protection of animals.
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Zoophilic pornography is also banned in New South Wales
Bestiality is illegal across Australia. In the state of New South Wales, not only is bestiality banned, but zoophilic pornography is also prohibited. This means that any media featuring sex with non-human animals is illegal in New South Wales. The state took this step to address the widespread availability of such material on the internet.
The consumption and distribution of zoophilic pornography are regulated in different parts of the world. In the United States, for example, while some states have older sodomy statutes, recent statutes precisely define the prohibited acts. Zoophilic pornography would be deemed obscene and illegal under the Miller Test, which means it cannot be sold, mailed, distributed, or imported across state boundaries or within states that prohibit it. The state of Oregon goes a step further by explicitly banning the possession of such media for erotic purposes.
The historical perspective on zoophilia and bestiality has evolved significantly. While depictions of bestiality appeared in prehistoric European rock art, the Middle Ages witnessed a harsher response, with bestiality punishable by execution. Today, many countries criminalize bestiality under animal abuse laws or laws addressing sodomy or crimes against nature.
The terms zoophilia, bestiality, and zoosexuality are often used interchangeably, but there are nuances to consider. Zoophilia refers to a persistent sexual interest in animals, whereas bestiality specifically denotes sexual acts with animals. Importantly, some studies suggest that a preference for animals is uncommon among those who engage in sexual contact with them, and some individuals identifying as zoophiles report never having had sexual contact with animals.
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Bestiality laws are often related to animal abuse laws
Bestiality is a crime in Australia, and the laws surrounding it are often related to animal abuse laws. In New South Wales, Section 79 of the Crimes Act 1900 makes it an offence for a person to engage in sexual acts with an animal. Additionally, Section 80 of the same act stipulates that attempted bestiality is also a crime, carrying a maximum penalty of five years' imprisonment.
The laws against bestiality in Australia have been in place for a long time, with an early example of the offence being tried in the NSW Court of Criminal Jurisdiction in 1799. In this case, James Reece was caught engaging in sexual intercourse with a pig, which was defined as bestiality at common law in the 1889 Queen's Bench Division case R versus Brown.
The maximum penalty for aggravated cruelty against animals in the Northern Territory was increased to five years' imprisonment in 2022. This change in legislation came after animal activists called for stronger penalties for animal cruelty, including the death penalty.
While the laws against bestiality are clear, there have been recent cases that highlight the need for stricter enforcement and sentencing. In 2024, renowned British crocodile expert Adam Britton was sentenced to more than 10 years in prison for bestiality and animal cruelty crimes. Britton filmed himself torturing dozens of dogs, and shared the videos online. His case caused outrage and distress, with the judge describing his crimes as "grotesque" and unspeakable. Britton's sentence included a non-parole period of six years, and he was banned from owning any mammals for life.
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In the US, bestiality is illegal in 49 states
Bestiality is illegal in Australia. In the state of New South Wales, Section 79 of the Crimes Act 1900 makes it an offence for a person to engage in sexual acts with an animal. The maximum penalty for this crime is 14 years in prison.
The legality of bestiality in the US is not controlled at the federal level. The only relevant federal law is the sodomy law under the military code, which applies only to military personnel. Bestiality laws are state-specific and have evolved over time, with many recent additions to address the issue. For example, Texas enacted a comprehensive bestiality law in 2017, allowing for bestiality to be considered a "reportable conviction or adjudication" for sexual offender registration. Other states, like Arizona and Washington, mandate psychological counselling for those convicted under such laws.
The historical perspective on bestiality in the US and Australia is interesting. In the US, bestiality laws date back to the Colonial period, with about 19 states having statutes from that era. In Australia, one of the earliest recorded cases of bestiality being tried in court dates back to 1799 in the NSW Court of Criminal Jurisdiction. The offence was described as an extraordinary" spectacle, and the perpetrator was charged with engaging in sexual intercourse with a pig.
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Germany and Sweden also ban bestiality
In Australia, bestiality is illegal and is considered a sexual offence in all states and territories. Those found guilty of such crimes can face up to 25 years in prison. In 2024, NT crocodile expert Adam Britton was sentenced to more than 10 years in prison for bestiality and animal cruelty.
Germany and Sweden have also outlawed bestiality. In 2012, Germany's ruling coalition moved to ban bestiality, or zoophilia, which was previously legalised in 1969 unless the animal suffered "significant harm". The German parliament's agriculture committee considered making it an offence to force an animal into unnatural sex, with offenders facing hefty fines of up to 25,000 euros. Animal rights groups campaigned for this change, arguing that the practice constitutes animal defilement and rape. In 2017, Germany introduced a ban on bestiality under a revision of its animal welfare law.
Sweden also bans bestiality, though historical sources indicate that the practice was once prevalent in rural areas. As Sweden transitioned from an agrarian society to an urban one, societal perceptions of bestiality shifted, and the mention of such acts disappeared from legal and medical debates.
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