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.

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The government must demand that Iran release Nazanin Zaghari-Ratcliffe

Iran's imprisonment of my constituent breaches the Convention on the Rights of the Child.

I grew up with a very paranoid mother. She had tragically lost members of her family as a teenager and, as a result, she is extremely fearful when it came to her children. I used to laugh at her growing up – I indulged it but often scoffed at her constant need to hear from us.

A few days ago, I was in Parliament as normal. My husband, his parents and our baby daughter were all in Parliament. This rare occasion had come about due to my mother in law’s birthday – I thought it would be a treat for her to lunch in the Mother of Parliaments!

The division bells rang half way through our meal and I left them to vote, grabbing my phone of the table. “See you in ten minutes!” I told them. I didn’t see them for more than five hours.

The minute the doors bolted and the Deputy Speaker announced that we were indefinitely being kept safe in the chamber, all I could think about was my daughter. In my heart of hearts, I knew she was safe. She was surrounded by people who loved her and would protect her even more ferociously than I ever could.

But try explaining that to a paranoid mother. Those five hours felt like an eternity. In my head, I imagined she was crying for me and that I couldn’t be there for her while the building we were in was under attack. In reality, I later found out she had been happily singing Twinkle Twinkle little star and showing off her latest crawl.

That sense of helplessness and desperate impatience is hard to describe. I counted down the minutes until I could see her, as my imagination ran away with me. In those 5 hours, I started thinking more and more about my constituent Nazanin Zaghari-Ratcliffe.

Here I was, temporarily locked in the Parliamentary chamber, surrounded by friends and colleagues and door keepers who were doing all they could to keep me safe. I knew I was going to be let out eventually and that I would be reunited with my daughter and husband within hours.

Nazanin has been detained in the notorious Evin prison in Iran for nearly a year. She only gets an occasional supervised visit with her two-year-old daughter Gabriella. She’s missed Christmas with Gabriella, she missed Gabriella’s second birthday and no doubt she will be missing Mother’s Day with Gabriella.

But it’s not just the big occasions, it’s the everyday developments when Gabriella learns a new song, discovers a new story, makes a new friend. Those are the important milestones that my mother never missed with me and the ones I want to make sure I don’t miss with my daughter.

Unfortunately, Nazanin is just one of many examples to choose from. Globally there are more than half a million women in prison serving a sentence following conviction, or are awaiting trial. Many of these women are mothers who have been separated from their children for years.

In 2010, the United Nations General Assembly unanimously adopted the Bangkok Rules - the first international instrument to explicitly address the different needs that female prisoners have. It was also the first instrument to outline safeguards for the children of imprisoned mothers.

The Bangkok Rules apply to all women prisoners throughout all stages of the criminal justice system, including before sentencing and after release. However, Nazanin’s case has seen a wilful flouting of the rules at each and every stage.

Rule 23 states that ‘Disciplinary sanctions for women prisoners shall not include a prohibition of family contact, especially with children’. Tell that to her daughter, Gabriella, who has barely seen her mother for the best part of a year.

Rule 26 adds that women prisoners’ contact with their families shall be facilitated by all reasonable means, especially for those detained in prisons located far from their homes. Tell that to her husband, Richard, who in almost a year has only spoken to his wife via a few calls monitored by the Iranian Revolutionary Guard.

Iran has ratified the Convention on the Rights of the Child and supported the Bangkok Rules, yet it is breaching both with its treatment of Nazanin. It is therefore incumbent upon our government to take the formal step of calling for Nazanin's release - it is staggering they have not yet done so.

As I pass the window displays in shops for Mother’s Day, most of the cards have messages centred around ‘making your mother happy’. If there’s one mother I’d like to make happy this year, it’s Nazanin Zaghari-Ratcliffe.

Tulip Siddiq is Labour MP for Hampstead and Kilburn