What Germany outlawing bestiality tells us about changing attitudes to sex

The change in law reflects the contemporary view of sex as something that can only properly be enjoyed on a basis of equality.

It's surprising to find that sex with animals is not currently illegal in Germany. Nor is this the result of some historic oversight: it used to be a crime, but the law was changed in 1969, at the same time as sex between adult men was decriminalised. Supposedly there are even "erotic zoos", which people "can visit to abuse animals ranging from llamas to goats." That's according to the Daily Mail, though. A possibly more reliable report quotes Madeleine Martin, an animal protection officer from Hesse, who refers to the existence of "animal brothels".

Martin, who voiced her concerns in February, claimed that the sexual abuse of animals was "increasing rapidly". She blamed the internet, as is traditional in such cases, and called for the government to re-introduce the ancient crime of bestiality. And indeed the German Parliament is now debating plans to make sex with animals punishable with a fine of up to €25,000. The same penalty would also apply to those "pimping out" their pets to zoophiles. 

But Germany's animal lovers aren't giving up without a fight. Michael Kiok, chairman of zoophile pressure group ZETA (just take a moment to register the fact that such an organisation actually exists) told Spiegel that sex with pets wasn't demeaning to the animals - "We see animals as partners and not as a means of gratification". He claimed that the real abuse took place in the farming industry, where for example it was seen as acceptable to ram electric rods into boars' rectums to make them ejaculate. 

Kiok's pet dog, Cassie, was unable to tell her side of the story.

Germany is certainly unusual, both in modern Europe and indeed historically, in not having a prohibition on human-animal sex. Until 2003 it was punishable by life imprisonment in Britain. The maximum sentence is now two years. There have been moves to tighten the law in several countries, including the Netherlands where bestiality was banned in 2008 amid concerns that the country had become "a magnet for perversities". It still remains legal in Denmark, however, at least for the time being. 

Historical and anthropological evidence suggests that inter-species sex is both widespread and widely condemned. The mere fact that legal prohibitions are so commonplace suggests that it has long been a problem: the law doesn't usually bother to condemn something that no one ever does. Alfred Kinsey's research in the 1940s found that it was generally rare in modern America (around eight per cent of men and five per cent of women admitted to using animals for pleasure), but that in agricultural communities it was much more common, for reasons that may seem obvious. There have been few societies that actively endorse the practice, although Edgar Gregersen records in his cross-cultural survey, Sexual Practices, that among the Ijo tribe of Nigeria, on coming of age "every boy had to copulate successfully with a specially selected sheep to the satisfaction of a circle of elders who witnessed his performance." This seems to be deliberately transgressive however, analagous to a fraternity hazing ritual, and thus may paradoxically underline the general prohibition on the practice. We're not told what criteria were used to select the unfortunate sheep.

The Bible, as is well known, takes a dim view of bestiality. Leviticus 20:15-16 provides the death penalty for a man or woman who engages in interspecies sex, and also for the animal involved. If this seems a little harsh on the beast, it also suggests that the real reason for the prohibition lay not in concern for their inability to consent, any more than the honour killing of a rape victim (also recommended in the Old Testament book of Deuteronomy) is based on concern for her welfare. In the latter case, the intention is to preserve the status of woman as property and reproductive currency in a patriarchal society. In the case of animals, there may be two imperatives involved. First, the fact that human-animal sex is reproductively useless. Secondly, a need to preserve the theologically important distinction between human beings and other animals. 

Sex, after all, confronts us with our biological reality in a particularly stark form. Sex may be more creative and emotionally engaging for humans than it seems to be for other animals, among whom it often looks rather perfunctory, but it's basically the same thing, involving the same bits of anatomy in recognisably similar configurations. Does this explain the revulsion and, indeed, fear that the idea of bestiality provokes? As the Australian philosopher Peter Singer pointed out in a notorious essay about a decade ago, interspecies sex is one of the last taboos still maintained by modern Western society which no longer criminalises adultery and looks upon same-sex attraction as a normal and healthy part of human variation.  Why should sex with animals be any different?

There's an answer to this, of course. Claims by zoophiles that they engage in mutually satisfying relationships with their pets are nonsense because animals, like children and the victims of rape, cannot consent. Sex with animals is thus inherently abusive. But here the argument runs into difficulty, since it must be assumed that animals consent to sex with members of their own species, and indeed have non-verbal means of showing it. A more promising approach might be to side-step the issue of consent, or at least to concede the possibility that some animals might be experiencing pleasure during their intimate encounters with humans, but to see nevertheless that using other creatures for sex is an abuse of the power which humans have over their animal charges.

In this, laws prohibiting sex between humans and animals serve a modern purpose. Rather than being rooted in ancient prejudices about human uniqueness, they reflect the contemporary view of sex as something that can only properly be enjoyed on a basis of equality.

Nothing to see here. Photo: Getty
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A loyalist rebranded: will Ségolène Royal run again to be the French President?

The French press is speculating about Ségolène Royal replacing François Hollande as the Socialist candidate.

“I will lead you to other victories!” Ségolène Royal told the crowds gathered in front of the French Socialist party’s headquarters on 6 May 2007.

Many at the time mocked her for making such an odd statement, just after losing to Nicolas Sarkozy in the presidential election. But nearly ten years on, she might just be the candidate the French left needs to win the upcoming presidential election.

There is growing speculation that the current President François Hollande – who was Royal’s partner for 30 years and the father of her four children – will not be in a position to run again. His approval ratings are so low that a defeat in next May’s election is almost inevitable. His own party is starting to turn against him and he can now only count on a handful of faithful supporters.

Royal is among them. In the past, she probably would have jumped at the opportunity to stand for election again, but she has learned from her mistakes. The 63-year-old has very cleverly rebranded herself as a wise, hard-working leader, while retaining the popular touch and strong-willed character which led to her previous successes.

Royal has an impressive political CV. She became an MP in 1988 and was on several occasions appointed to ministerial positions in the 1990s. In 2004, she was elected President of the Poitou-Charentes region in western France. In 2006, Royal won the Socialist party’s primary by a landslide ahead of the presidential election.

She went on to fight a tough campaign against Sarkozy, with little support from high-ranking members of her party. She ended up losing but was the first woman to ever go through to the second round of a French presidential election.

After that, it all went downhill. She split up with Hollande and lost the election to be party leader in 2008. She was humiliated by only getting 6.95 per cent of the votes in the 2011 Socialist presidential primary. She hit an all-time low when in 2012 she stood as the Socialist party’s official candidate to become MP for La Rochelle on the French west coast and lost to Olivier Falorni, a local candidate and Socialist party “dissident”. Royal then took a step back, away from the Parisian hustle and bustle. She continued to serve as the Poitou-Charentes regional President but kept largely out of the media eye.

Royal was very much the people’s candidate back in 2007. She drew her legitimacy from the primary result, which confirmed her huge popularity in opinion polls. She innovated by holding meetings where she would spend hours listening to people to build a collaborative manifesto: it was what she called participatory democracy. She shocked historical party figures by having La Marseillaise sung at campaign rallies and Tricolores flying; a tradition up until then reserved for right-wing rallies. She thought she would win the presidency because the people wanted her to, and did not take enough notice of those within her own party plotting her defeat.

Since then, Royal has cleverly rebranded herself – unlike Sarkozy, who has so far failed to convince the French he has changed.

When two years ago she was appointed environment minister, one of the highest-ranking cabinet positions, she kept her head down and worked hard to get an important bill on “energy transition” through Parliament. She can also be credited with the recent success of the Paris Climate Agreement.

Above all, she has been impeccably loyal to the President.

Royal has reinforced her political aura, by appearing at Hollande’s side for state occasions, to the extent that French press have even labelled her “the Vice-President”. This has given her a licence to openly contradict the Prime Minister Manuel Valls on various environmental issues, always cleverly placing herself on virtue’s side. In doing so, not only has she gained excellent approval ratings but she has pleased the Green party, a traditional ally for the Socialists that has recently turned its back on Hollande.

The hard work seems to have paid off. Last Sunday, Le Journal du Dimanche’s front-page story was on Royal and the hypothesis that she might stand if Hollande does not. She has dismissed the speculations, saying she found them amusing.

Whatever she is really thinking or planning, she has learned from past errors and knows that the French do not want leaders who appear to be primarily concerned with their own political fate. She warned last Sunday that, “for now, François Hollande is the candidate”. For now.

Philip Kyle is a French and English freelance journalist.