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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Battle for Mosul: will this be the end of Islamic State?

The militant group's grip on power is slipping but it has proved resilient in the past.

The battle for Mosul is the latest stage in the long struggle to defeat Islamic State. The group has been around since the late 1990s in one form or another, constantly mutating in response to its environment. Undoubtedly its ejection from Mosul will be a significant moment in the group’s history, but it is unlikely to be its final chapter. The destruction of the group will only be complete when some fundamental changes occur within Iraq and the war in Syria comes to an end.

IS’s roots go back to a training camp established by the militant Islamist Abu Musab al Zarqawi in the late 1990s in Herat, Afghanistan. Founded as an army to overthrow the apostate regimes of the Levant, it fled to northern Iraq in the wake of the US-led invasion of Afghanistan post-9/11 where it re-established itself as a force alongside Ansar al Shariah, a hardline Salafi jihadi organisation.

As American attention shifted from Afghanistan to Iraq, the group was ideally placed to become one of the leading lights in the post-Saddam Iraqi insurgency. Brutally announcing itself to the world in August 2003 with successive attacks on the Jordanian Embassy in Baghdad, the UN headquarters and a Shia shrine in Najaf — the latter being the deadliest attack in Iraq that year with a death toll of 95 — the group grew to assume the mantle of al-Qaeda in Iraq. By 2006 this brand had become somewhat damaged through the brutal sectarian campaign the group waged, and when its founder, Zarqawi, died it sought to reinvent itself as the Mujahedeen Shura Council. This incarnation did not last long either, and eventually it assumed the title of the Islamic State of Iraq (ISI), alongside a more Iraqi leadership.

This was the start of a diffcult period in the group's history. Its excesses in Iraq (including indiscriminate slaughter of Shia Muslims to stir sectarian hatred and filmed decapitations of prisoners) lost it local support and led to the tribes in Sunni Iraq rising up and supporting the government in Baghdad's fight back against the group. By 2009, when the west abruptly stopped paying attention and withdrew from Iraq the group was largely perceived as in decline, with the Shia Muslim-led Iraqi government appearing to slowly assert itself more effectively across the country.

The terrorist attacks by the group continued. And the new government started to advance an increasingly sectarian agenda. These two played off each other in a downward spiral that was given a fresh boost of blood when the civil war in Syria erupted in 2011. Drawing on its existing networks (that were leftovers from when Syria was used as a staging point by the organisation to launch attacks into Iraq), the leadership sent a cell to Syria to explore what opportunities existed within the emerging fight there. This cell became the seed that grew into Jabhat al Nusrah and ultimately IS – a label the group adopted when in June 2013 IS leader Abu Bakr al-Baghdadi decided it was time to reveal this link between his Iraqi group and Jabhat al Nusrah. This led to divisions and the breaking up of the two organisations.

For IS, however, it was the beginning of an upward trajectory, building on this division to grow itself substantially in Syria (with Raqqa as its capital) and in 2014 taking over Iraq’s second biggest city of Mosul. We then reach the apex of IS’s success and the biggest expansion of the group yet.

It now seems that this growth had a shelf life of just two-and-a-half years. As the group appears to be losing Mosul, it is likely that we will see the beginning of a period of retraction. But this will not be its end – rather, it will flee back to the hills and the ungoverned spaces in Iraq and Syria from where it will continue a persistent terrorist strategy in both countries. Here it will bide its time until the moment presents itself to rise up. Waiting until the governance in Iraq and Syria fails its people again, the group can paint itself as the protector of Sunnis and once more build on that group's disenfranchisement to win supporters and occupy a space vacated by local governments.

IS's grip on power might currently be slipping but as history has shown, it has waxed and waned depending on the context it is operating in. We are now going to see a period of withdrawal, but unless attention is paid by the global community, it will expand again in the future.

Raffaello Pantucci is Director of International Security Studies at the Royal United Services Institute (RUSI). Visit his website at http://www.raffaellopantucci.com