.The NSPCA:
Bestiality
18
NS
By Kotie Geldenhuys
Additional information provided by the NSPCA
and animal sex crimes
Many of us are animal lovers who have or had animals as pets. They bring warmth and companionship to our lives. But there is another area of so-called "animal love" that is less talked
about: it is called bestiality.
A
lthough bestiality is not illegal in
some countries, it is not widely
accepted there. The act of having
sex with animals is largely considered to constitute animal abuse and also a crime against
nature. Furthermore, it is a crime in South
Africa.
What is bestiality?
Bestiality is an act in which a person has any
form of sexual encounter with an animal. This
includes masturbation and/or any penetration
whatsoever of the genital organs, mouth or
anus of the animal or vice versa. (See the
complete
definition
below
under
"Legislation".)
When looking at the definition of paraphilia,
which is "a sexual feeling or behaviour that
may involve sexual partners that are not
human, not consenting, or that involve suffering by one or both partners", one can conclude that bestiality is a form of paraphilia (for
more about paraphilia see SERVAMUS: May
2012).
Bestiality throughout the history
According to Miletski (2002), many paintings
and carvings showing humans and animals
having sexual relations have been found in
various ancient religious temples, indicating
the preoccupation of ancient man with
bestiality (Stekel, 1952).
52 Augustus 2014
ervamus
There are several biblical references to sexual
relations with animals. These include Exodus
22:19 in the Christian Bible, which states:
"Whoever lies with a beast, shall be put to
death" and Leviticus 18:22-24, which state
“...You shall not have sexual intercourse with
any beast to make yourself unclean with it, nor
shall a woman submit herself to intercourse
with a beast: that is a violation of nature. You
shall not make yourselves unclean in any of
these ways ...” All bestiality prohibitions in the
Old Testament are part of a list of behaviours
that God forbade the Hebrews from doing,
since these were activities that neighbouring
peoples practised as rituals of worship of their
gods.
According to Miletski (2002), bestiality themes
were very popular in Greek and Roman
mythology. One of the more infamous orgies
of Rome was that of the goddess Bona Dea
which featured bestiality with dogs. The
Romans had invented the rape of women (and
sometimes men) by animals for the amusement of the audience at the Colosseum and
Circus Maximus, and bestiality flourished as a
public spectacle in ancient Rome.
During the middle ages, animals were very
common. They were everywhere, and they
often shared a roof with their owners. It was
much less effort to have sex with a cow that
was standing a foot away than to try to have
intercourse with a tired and uninterested wife,
or with someone else's wife (Miletski, 2002).
Ramsis (1969) claims that during the Middle
Ages, bestiality was practised by farmers,
priests and nuns and although many people
were doing it, nobody was talking about it. By
the 13th century, Thomas of Chobham identified bestiality as a grave sin calling for extreme
penalties. The individual was required to do
penance for 15 years, or for 20 years if s/he
was married, and in addition, to go barefoot
throughout his/her life, never to enter a
church, and to abstain from meat, fish and
intoxicants permanently. The animal was to be
killed, burned and buried to prevent any memory of the crime remaining (Miletski, 2002).
During the 15th century, there were reported
instances of men being executed in Europe for
bestiality with cows and trial records of
Majorca, Spain, show that several people were
executed for the crime of bestiality (Salisbury,
1994). In 15th century Italy, Cesare Borgia, the
illegitimate son of Pope Alexander VI, was
accused of murder, rape, incest, robbery,
bestiality and many more crimes. In 1453, a
priest was sentenced, executed and burned at
Evreus, France, because he had been found
guilty of kissing the devil, in the form of a
sheep, under the tail (Miletski, 2002). Love
(1992) points out that during the 17th century,
the incidence of bestiality between young
boys, cows and sheep became so prevalent
that the Catholic Church tried to ban the
employment of male herdsmen.
In European history, as mentioned above,
cases of bestiality are particularly common in
Bestiality is an act in which a person has any form of sexual encounter with an animal. This includes
masturbation and/or any penetration whatsoever of the genital organs, mouth or anus of the animal
or vice versa.
court records. Hundreds of reports of bestiality trials from the 16th to the 18th centuries
(Dekkers, 1994) demonstrate that bestiality
was well-established in ordinary life in Europe.
During World War II, human-animal breeding
experiments were conducted by Dr Josef
Mengele, a Nazi physician of the notorious
Auschwitz concentration and extermination
camp. He was apparently obsessed with bestiality, and was bent on creating a hybrid that
could eventually replace slave labour for
menial tasks. Dr Mengele used the young
Jewish and Polish girls in the Auschwitz concentration camp for this purpose. He had his
St Bernard dog, Baron, copulate with approximately 500 female prisoners and he constructed a special rack for this purpose, where
the woman was firmly strapped with her legs
spread wide. Dr Mengele also had ponies
which had sexual intercourse with women and
once again another special rack was constructed for that purpose. Often, the part of
the rack supporting the pony and preventing it
from inserting its whole penis gave way. The
pony's penis then ruptured the victim, who
would bleed to death, while Dr Mengele stood
calmly by, taking notes (Miletski, 2002).
Animal sex - still a reality
The above incidents all seem long ago, but
bestiality is still practised across the globe. As
recently as 2005, there was a farm near
Washington DC that was described as an "animal brothel" where people paid to have sex
with animals. However, following an incident
that took place on 2 July 2005, during which a
man was pronounced dead in the emergency
room of the Enumclaw community hospital
after his colon ruptured due to having been
sodomised by a horse, the farm garnered police
attention (https://web.archive.org/web/2008
0822194920/http://www.news24.com/News24
/World/News/0,,2-10-1462_1739698, 00.html).
There are legal animal brothels in Denmark,
and Danish animal owners advertise openly
that they offer sex with animals, without
intervention from police or other authorities.
The Danish newspaper 24timer reported:
"Animals involved reportedly have many years
of experience, and they actually crave the sexual stimulation. Animal owners charge from
DKK 500 to 1000 (USD $85 to $170)"
(www.charismanews.com/opinion/watchmanon-the-wall/42935-bestiality-now-making-usheadlines-not-always-illegal).
Pornographic movies involving the act of bestiality are also widely available on the Internet,
especially because the production and sale of
such materials are legal in countries such as
Denmark.
Legislation about bestiality
Legislation dealing with bestiality tends to be
shaped by animal welfare concerns, moral
views and cultural beliefs. In many cultures
across the world, having sex with animals is
regarded as subhuman, immoral and distasteful.
As of 1997, 25 American states as well as the
District of Columbia outlawed bestiality, while
those found guilty would face sentences ranging from a mere fine of not more than $500 in
Tennessee to an indeterminate life sentence in
Michigan (Meletski, 2002). However, by 2013,
bestiality was completely legal in the following
USA states, districts and territories: Alabama,
Arkansas, Washington DC, Guam, Hawaii,
Kentucky, Montana, Nevada, New Hampshire,
New Mexico, Ohio, Texas, New Jersey,
Vermont, Virginia, West Virginia and Wyoming
(Murphy, 2013). Since then, Arkansas,
Washington DC and Guam passed bestiality
legislation. Bestiality was banned in New
Jersey on 12 June 2014 and by March 2014
Alabama was on track to pass a law outlawing
bestiality in that state.
there were proof that the animal suffered
mental or physical harm.
Bestiality is illegal in South Africa. Section 13 of
the Criminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007
states that:
"A person ("A") who unlawfully and intentionally commits an act (a) which causes penetration to any extent
whatsoever by the genital organs of A
(i) into or beyond the mouth, genital organs or
anus of an animal; or
(ii) an animal into or beyond the mouth,
genital organs or anus of A; or
(b) of masturbation of an animal, unless such
act is committed for scientific reasons or
breeding purposes, or of masturbation with an
animal, is guilty of the offence of bestiality."
Bestiality may also constitute a contravention
of the Animals Protection Act 71 of 1962 if
abuse to the animal can be proved. It is therefore very important that the case is also investigated by the SPCA. Offenders could be
fined up to R60 000 or sentenced to
three years in prison.
Connection with sexual abuse of
animals and children
Sexual abuse is regarded as the eroticisation
of violence, power and control and involves
Bestiality is also banned in many European
countries, including the UK, the Netherlands,
France and Switzerland. Sexual intercourse
with animals has been completely outlawed in
Sweden since March 2014, as previous
legislation only prohibited sex with animals if
August 2014
ervamus 53
both men and women. Sexual abuse of animals
has been recognised as one of the early warning signs of psychological dysfunction, including conduct disorder in children and antisocial
personality disorder in adults. There is a connection between sexual abuse of animals and
sexual abuse of children and this type of animal abuse has also been linked with violent
sex offenders, sadomasochistic practices,
psychological and mental disorders and interpersonal human violence.
An early study by DeViney et al (1983)
explored the link between child abuse and animal abuse within family environments and
found pet abuse to be a feature in 88% of 53
families where various forms of child abuse
had taken place. Lane (1997) notes that juvenile sex offending might include bestiality,
sometimes combined with other violent
behaviour towards animals. In a study of sexual homicide perpetrators, Ressler et al (1988)
found that 40% of the men who said that they
had been sexually abused during childhood or
adolescence reported having sexual contact
with animals. Walker (1984) found that in an
effort to cause further humiliation and torment of women in violent relationships, bestiality was one of the "unusual sex acts"
abusers desired of their victims. In the sample
group, 41% of the women in violent relationships that included physical violence also
experienced some form of forced sexual contact with an animal, or had it requested of
them. Itzen (1998) writes about subjective
evidence of bestiality being forced on children
who were also sexually abused and involved in
the production of child pornography.
What are the warning signs?
There are several warning signs to look out for,
and evidence could include pornography
involving animals which may include home
recordings, pictures or videos on cellphones/
PCs/DVDs, restraints used on the animals,
sedatives/tranquillisers (for animal compliance)
and lubricants. According to the NSPCA, bestiality is seldom an isolated, atypical sexual
behaviour and perpetrators are often also
guilty of other offences.
Injuries and physical findings in the animal
sexual abuse victims are similar to those found
54 Augustus 2014
ervamus
in human sexual assault victims. These include:
n Vaginal and/or anal trauma, haemorrhage,
wounds, tears, scarring and/or dilation;
n swelling or necrosis around the genitalia or
intrauterine, intracervical, or intrarectal
areas or vaginal foreign bodies;
n any abuse that results in injuries to the
anorectal region or genitalia which, by definition, qualifies as sexual abuse; and/or
n injuries to other parts of the body which
can include trauma and cellulitis from grabbing/holding/shaking or restraining the animal, especially to areas such as ears, tail and
neck and the ventral area of the hind legs.
Which animals are victims of
bestiality?
All animals are potential victims of bestiality.
The NSPCA have investigated cases where
animals such as cows, sheep, cats, chickens,
dogs, donkeys and goats have been victims of
bestiality. However, international cases in
which snakes, chimpanzees and other primates were victims were also reported.
According to the Greek historian Herodotus,
the Egyptians "mastered the art of sexual congress with a crocodile" (Miletski, 2002).
Action to be taken
All bestiality cases must be investigated.
When investigating an alleged bestiality case, it
is of utmost importance that the investigating
officer works closely with the SPCA.
According to a memorandum issued by MajGen M D Mokgabundi, the Head: Specific
Crime Investigations of the SAPS Head Office,
on 15 September 2011, the following procedures must be followed when investigating
bestiality cases:
n The case must be investigated by a member of the Family Violence, Child Protection
and Sexual Offences (FCS) Unit.
n The same investigation procedure as for
the investigation of a rape case must be
applied, including:
- medical examination of the animal by a
veterinarian;
- medical examination of the perpetrator
by a medical doctor;
- a visit to the crime scene; and
- the seizure and confiscation of exhibits.
n The SAPS member to whom the alleged
crime has been reported must obtain a
detailed statement from the complainant
and register the case docket on the CAS.
n The FCS member on standby duty must
immediately be informed about the matter in order to conduct the preliminary
investigation.
n The animal must be taken to a veterinarian for a medical examination and the SAPS
must supply and utilise the prescribed
Sexual Assault Evidence Collection Kit
(SAECK) (adult or children). Please note
that the SAPS is responsible for the remuneration/payment of the veterinarian fees,
and not the SPCA.
It is further recommended that the assistance
of the SPCA is requested/utilised to identify a
competent and suitable veterinarian to conduct the medical examination.
n The investigation officer (FCS) must submit
a written factual report of the crime to the
local SPCA, and provide regular written
progress reports to the SPCA until the
case is finalised.
A final written report with the outcome of
the investigation must also be submitted to
the local SPCA. Copies of these reports
must be filed under the "B" section of the
case docket.
n All members of the SAPS must fully cooperate and assist personnel of the SPCA
with all cases reported to the SAPS by personnel of the SPCA.
Investigating officers who require more
information can contact the National
Council of SPCAs (NSPCA) directly at
tel: (011) 907 3590/1/2.
Bestiality in the news
Despite the fact that bestiality is illegal in South
Africa, this is not stopping people from having
sex with animals. Some of the bestiality cases
that have been exposed in South African news
reports include the following:
n In March 2005, a man was arrested for bestiality after he was found having sex with
his neighbour's goat in a village in Limpopo.
n In December 2008, a 53-year-old dairy
farmer from Heidelberg was arrested for
bestiality and other charges.
According to to the NSPCA, bestiality is seldom an isolated, atypical sexual behaviour and
perpetrators are often also guilty of other offences.
n In May 2009, a 36-year-old man from
Tembisa was arrested for having sex with
his neighbour's sheep as the "sheep troubled him during the night".
n In August 2010, a 15-year-old teenager
from Delft appeared in the Bellville magistrates' court on charges of bestiality after
being accused of abusing an adult cross pitbull.
n In September 2011, a 21-year-old man was
caught having sex with a dog in a toilet in
Mabopane, north-west of Pretoria.The dog
was bleeding and police found dog fur and
blood on the man's pants during arrest.
n In September 2011, a 48-year-old man from
Sun City village, near KwaMhlanga in
Mpumalanga, was arrested for having sex
with a friend's dog.
n In July 2013, a 32-year-old woman from
Moreleta Park pleaded guilty to four counts
of bestiality and one of trying to use a child
to create child pornography in the Pretoria
Regional Court. In an explanation of plea,
she claimed that she was manipulated and
controlled by her former boyfriend as he
had fantasised about bestiality.
n In November 2013, a 21-year-old man from
Diepsloot was arrested after allegedly
having sex with a three-year-old male dog
in his room.
n In November 2013, a 29-year-old man from
Barberton was arrested after having had
sex with a hen. The hen had to be
euthanised due to its injuries.The man was
fined R500.
***
From the above it is clear that bestiality is
nothing new and that people have been
engaged in this behaviour for centuries all over
the globe. We often think that bestiality is not
a South African problem, but sadly, the reality is
that some South African citizens are guilty of
the crime of bestiality, which must be reported
to the SAPS.
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