Bestiality Law in the United States: Evolving Legislation with Scientific Limitations.

Abstract

Simple SummaryLaws punishing individuals who have sex with nonhuman animals have existed since the earliest written legal codes. In the United States, bestiality has long been prohibited. The rationale for criminalizing sex acts with animals has changed over time and has included moral condemnation, considerations of animal rights and animal welfare, and most recently, a concern about the relationship between animal cruelty and interpersonal violence, colloquially known as the Link. This article reviews the history and current state of bestiality law in the United States. It notes important differences in language, specificity, and potential punishments for offenders depending on the jurisdiction. It also reviews the research basis of the Link between bestiality and interpersonal violence and some risks associated with a reliance on the Link to promote legislative reform.Societies have proscribed bestiality, or sex between humans and nonhuman animals, since the earliest recorded legal codes. In the early American colonies, religious prohibitions against bestiality provided the grounds for punishing those who engaged in such acts. In the 1800′s, Henry Bergh imported the animal welfare approach to the United States, which modernized the legislative treatment of animals in the country. Until recently, however, many laws in the U.S. have been outdated and vague and have utilized moralistic terminology. Since the 1960′s, a growing body of literature has developed suggesting that individuals who harm animals may also interpersonally offend. This concept, known as the Link, has served as a major motivation for advocates to promote new legislation criminalizing bestiality, to modernize old state statutes, and to expand penalties for individuals convicted of having sex with animals. Unfortunately, data supporting the Link between bestiality and interpersonal violence are limited and of questionable generalizability to the broad public. The Link’s weaknesses can assist in guiding further research. This article summarizes the history of bestiality law, the current state of bestiality legislation in the United States, the body of Link-related literature on bestiality and interpersonal violence and other problematic sexual behaviors, and the empirical weaknesses and needs revealed by this legislation.