History of zoophilia

The history of zoophilia and bestiality begins in the prehistoric era, where depictions of humans and non-human animals in a sexual context appear infrequently in European rock art.^[1] Bestiality remained a theme in mythology and folklore through the classical period and into the Middle Ages (e.g. the Greek myth of Leda and the Swan)^[2] and several ancient authors purported to document it as a regular, accepted practice—albeit usually in "other" cultures.

Explicit legal prohibition of human sexual contact with other animals is a legacy of the Abrahamic religions:^[2] the Hebrew Bible imposes the death penalty on both the person and animal involved in an act of bestiality.^[3] There are several examples known from medieval Europe of people and animals executed for committing bestiality. With the Age of Enlightenment, bestiality was subsumed with other sexual "crimes against nature" into civil sodomy laws, usually remaining a capital crime.

Bestiality remains illegal in most countries. Arguments used to justify this include: it is against religion, it is a "crime against nature," and that non-human animals cannot give consent and that sex with animals is inherently abusive.^[4] In common with many paraphilias, the internet has provided a connective platform for the zoophile community, which has lobbied for the recognition of zoophilia (or zoosexuality as an alternative sexuality), and advocated for the legalisation of bestiality.^[5]

Prehistory

Depictions of human sexual activity with animals appear infrequently in prehistoric art. Possibly the oldest depiction, and the only known example from the Palaeolithic (prior to the Neolithic Revolution and the domestication of animals), is found in the Vale do Côa in Portugal. It shows a man with an exaggerated, erect penis juxtaposed with a goat. However, there is some doubt that the two figures are contemporary; while the goat is depicted in characteristic palaeolithic style, the scene may have been altered in a later period with the insertion of the human figure.^[6]

From the Neolithic onwards, images of zoophilia are slightly more common. Examples are found at Coren del Valento, a cave in Val Camonica, Italy, containing rock art dating from 10,000 BCE to as late as the Middle Ages, one depicting a man penetrating a horse,^[7] and Sagaholm, a Bronze Age cairn in Sweden where several petroglyphs have been found with similar scenes.^[8] Zoophilia has also been recorded in rock art in the Brazilian state or Piauí.

Classical antiquity

Leda and the Swan, copy of lost Michelangelo

Several Greek myths include the God Zeus seducing or abducting favoured mortals while in the form of an animal: Europa and the bull, Ganymede and the eagle, and Leda and the Swan.^[2] Only the latter legend includes actual copulation between Leda and Zeus in his animal form, but depictions of this act, fairly uncommon in antiquity, became a popular motif in classicising Renaissance art, contributing to a lasting prominence in Western culture.^[9]

Zoophilia carving on Rock with Old Kannada script engraved at Kedareshvara Temple, Balligavi

Various classical writers recorded that bestiality was common in other cultures. Herodotus was followed by Pindar, Strabo and Plutarch^{[citation needed]} in alleging that Egyptian women engaged in sexual relations with goats for religious and magical purposes – the animal aspects of Egyptian deities being particularly alien to the Greco-Roman world.^[10]^[11] Conversely, Plutarch and Virgil make similar accusations of the Greeks.

Despite their place in mythology and literature, actual acts of bestiality were probably as uncommon in antiquity as they are today.^[2] Roman civil law, however, made no mention of it.^[12] The explicit prohibition of and strict penalties for zoophilia universal in later European legal systems were derived from Jewish and Christian tradition.^[2] The Hebrew Bible imposes the death penalty on both the human and animal parties involved in an act of bestiality: "if a man has sexual relations with an animal, he shall be put to death; and you shall kill the animal."^[3] The Synod of Ancyra in 313–316 discussed the position of the church with regard to bestiality at length and two of the resulting twenty-five canons addressed it: the sixteenth canon described the penance and level of restrictions to be applied to various age groups for committing bestiality; the seventeenth canon prohibited all lepers from praying inside church if they had committed bestiality while they suffered from leprosy.^[13]

Hittite law mandated the death penalty for intercourse with animals, excluding horses and mules (violators were instead barred from the priesthood and from approaching the king).^[14]

Europe: Middle Ages

In the Church-oriented culture of the Middle Ages, zoophilic activity was met with execution, typically burning, and death to the animals involved either the same way or by hanging.^{[citation needed]} Sects deemed heretical by the Church such as the Hussites were accused of bestiality.^[15] Masters comments that:

"Theologians, bowing to Biblical prohibitions and basing their judgements on the conception of man as a spiritual being and of the animal as a merely carnal one, have regarded the same phenomenon as both a violation of Biblical edicts and a degradation of man, with the result that the act of bestiality has been castigated and anathematized [...]"^{[citation needed]}

In 1468, Jean Beisse, accused of bestiality with a cow on one occasion and a goat on another, was first hanged, then burned. The animals involved were also burned. In 1539, Guillaume Garnier, charged with intercourse with a female dog (described as "sodomy"), was ordered strangled after he confessed under torture. The dog was burned, along with the trial records which were "too horrible and potentially dangerous to be permitted to exist" (Masters). Other accusations of bestiality in the period include the trials of Thomas Weir^[16]^[17]^[18] and John Atherton.^[19]^[20]^[21] In 1601, Claudine de Culam, a young girl of sixteen, was convicted of copulating with a dog. Both the girl and the dog were first hanged, and finally burned. In 1735, François Borniche was charged with sexual intercourse with animals. It was greatly feared that "his infamous debauches may corrupt the young men." He was imprisoned, and there is no record of his release.^{[citation needed]} Historians claim there were more than a thousand executions recorded for bestiality in Sweden throughout the 17th and 18th centuries.^[22]^[23]

On the other hand, other accounts are more possibly fictitious, such as Pietro Damiani's, who in his "De bono religiosi status et variorum animatium tropologia" (11th century) tells of a Count Gulielmus whose pet ape became his wife's lover. One day the ape became so "mad with jealousy" on seeing the count lying with his wife that it fatally attacked him. Damiani claims he was told about this incident by Pope Alexander II and shown an offspring claimed to be that of the ape and woman. (Illustrated Book of Sexual Records)^{[citation needed]}

Clergyman and chronicler Gerald of Wales claimed to have witnessed a man having intercourse with a horse as part of a pagan ritual in Ireland.^[24]^[25]

Although thousands of female witches were accused of having sex with animals, usually said to be the Devil in animal form or their familiars, court records available in Europe and the United States, dating back to the 14th century and continuing into the 20th century, nearly always show males, rather than females, as the human parties in court cases. (Encyclopedia of Human Sexuality, Humboldt University)^{[citation needed]}

French Revolution and legal reform

From at least the 13th century and until the French Revolution, French criminal law had theoretically punished bestiality with death (burning at the stake), although in practice law courts only occasionally meted out that penalty. When the revolutionary politicians of the National Constituent Assembly set out to remake French government and society, their reforms included new criminal laws liberalizing sexual activities, inspired by ideas of the 18th-century Enlightenment. In 1791, Louis-Michel Le Peletier de Saint-Fargeau presented a newly drafted penal code to the National Constituent Assembly. He explained that it outlawed only "true crimes" and not "phoney offenses, created by superstition, feudalism, the tax system, and [royal] despotism." Zoophilia was not mentioned in the new Penal Code (promulgated September 26-October 6, 1791) and thus decriminalized it.^[26]^[27]

19th century

In 1835, the Russian Empire criminalized skotolozhstvo (bestiality) in the country. In 1845, the Russian Empire merged both muzhelozhstvo (sodomy) and skotolozhstvo statutes together into a single statute prohibiting protivoestestvennye poroki (vices contrary to nature).^[28] On August 20, 1848, Norway adopted new penal codes which replaced a 1687 law that implemented the capital punishment by burning for "intercourse which is against nature" (bestiality) and reduced the punishment for engaging in bestiality from capital punishment to a sentence of hard labor of the fifth degree.^[29]

In 1855, the German physician Wilhelm Gollmann claimed that sodomy was initially committed by shepherds. He adds that shepherds were drawn to this method of pleasure for the "want of more natural opportunities." Gollmann then prejudicially attacks Sicilians, whom he claims commit zoophilia against goats. According to Blumenbach, the females of Guinea commit indecent acts against monkeys. Gollmann finalizes his dubious claims with his assertion that Iranians commit acts against donkeys as a cure for coxalgia.^[30]

In 1852, the Austrian Empire enacted § 130 which criminalized bestiality with a maximum of five years in prison. About fifty people were convicted annually due to the law.^[31] In 1861, the Offences against the Person Act 1861 lowered the criminal penalty of buggery in the United Kingdom from the death penalty to life in prison.^[27] On February 10, 1866, Denmark (including Greenland and Faroes) adopted new penal codes which replaced a 1683 law that implemented the death penalty at the stake by means of royal pardon for "intercourse against nature" (bestiality) and reduced the punishment for engaging in bestiality from capital punishment to a sentence of hard labor ranging from about eight months to six years, which was further reduced with about one third if the penalty was served in solitude.^[29] On June 25, 1869, Iceland adopted a new penal code that replaced a 13th-century law mandating death by burning for "intercourse which is against nature" (bestiality) to a punishment of work in a house of correction.^[29]

On May 15, 1871, the German Empire enacted Paragraph 175 into the “Reichs-Criminal Code” (RStGB) which outlawed zoophilia and punished it by imprisonment.^[31]^[32] In 1878, the penal code of the Kingdom of Hungary criminalized bestiality with a maximum of one year in prison.^[27] Sweden, in 1864, and Grand Duchy of Finland, on December 19, 1889, adopted new penal codes replacing a 1734 penal code, which applied to both countries and criminalized bestiality with being burnt at the stake. The 1864 Swedish law punished "fornication with animals" (bestiality) with two years hard labor, while the 1889 Finished law punished bestiality with imprisonment for two years.^[29]

20th century

Plate XVII by Édouard-Henri Avril, De Figuris Veneris (1906)

On June 28, 1935, Nazi Germany enacted legislation that created a separate category in Paragraph 175 for "fornication with animals" and penalized with up to five years in prison.^[31]

During the 20th century, zoophilia was legalized in the Russian Empire in 1903,^[28] in Denmark (including Greenland and Faroes) on January 1, 1933,^[29]^[33] in Iceland on August 12, 1940,^[29] in Sweden in 1944,^[34] in Hungarian People's Republic in 1961, in West Germany in 1969,^[31] in Austria in 1971,^[31] in Finland on January 15, 1971,^[29]^[35] and Norway on April 21, 1972.^[29]

21st century

In 2003, the Sexual Offences Act 2003 lowered the criminal penalty of bestiality in the United Kingdom from life in prison to two years in prison.^[36]

In 2006, Denmark's Council for Animal Ethics said there was no need to ban bestiality unless it took place in pornographic films or sex shows. Only one of the 10 members of the council, set up by the Danish Justice Ministry to establish and uphold animal ethics, wanted bestiality expressly prohibited. The other members said current laws provided enough animal protection.^[37] Denmark outlawed bestiality in 2015 after all parties except the Liberal Alliance voted in support of a ban, leaving Hungary, Finland and Romania as the only European Union countries without bans on bestiality.^[38]

During the 21st century, bestiality was re-criminalized in the following countries or territories:

United States of America
Federal district or state	Date criminalized	Penalty for first-time non-violent bestiality offense
Iowa	July 1, 2001	Class D felony, up to 5 years in prison, a fine up to $1,025 to $10,245 and the court may impose other conditions, such as restrictions on owning animals or mandatory psychological counseling, particularly if the offense is deemed to have resulted from a psychological or behavioral issue.^[39]
Maine	September 21, 2001	Class D crime, up to 1 year in jail, a fine up to $2,000 and the court may order psychological counseling, especially if the offense is part of a pattern of behavior or related to underlying mental health issues. Additionally, offenders may face restrictions on owning or possessing animals and may be required to surrender any animals they currently own.^[40]
Oregon	January 1, 2002	Class C felony, up to 5 years in prison, a fine up to $125,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is connected to psychological issues. Furthermore, offenders may face restrictions on owning animals, and any animals involved in the offense may be seized.^[41]
Illinois	January 1, 2003	Class 4 felony, between 1 and 3 years in prison, a fine up to $25,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be forfeited.^[42]
South Dakota	July 1, 2003	Class 6 felony, up to 2 years in prison, a fine up to $4,000 and the court may order psychological counseling, particularly if the offense is part of a broader pattern of behavior or is related to mental health issues. Additionally, offenders may face restrictions on owning or possessing animals, and any animals involved in the offense may be seized.^[43]
Missouri	August 28, 2003	Class A misdemeanor, up to 1 year in a county jail, a fine up to $2,000 and the court may impose additional conditions, such as mandatory psychological counseling if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized.^[44]
Washington	June 7, 2006	Class C felony, up to 5 years in prison, a fine up to $10,000 and the court may order psychological counseling, particularly if the offense is connected to psychological issues or if the offender is deemed a risk for future offenses. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[45]
Vermont	July 1, 2006	Misdemeanor, up to 1 year in jail, a fine up to $2,000 and the court may also impose additional conditions, such as mandatory psychological counseling if the offense is related to psychological or behavioral issues. Offenders may face restrictions on owning or possessing animals, and any animals involved in the offense may be seized.^[46]
Arizona	August 12, 2006	Class 6 felony, between 4 months to 2 years years in prison, a fine up to $150,000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is related to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be forfeited.^[47]
Colorado	July 1, 2007	Class 6 felony, between 1 and 1.5 year in prison, with a mandatory parole period of 1 year, a fine up to $100,000, the court may order mandatory psychological counseling, particularly if the offense is connected to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[48]
Indiana	July 1, 2007	Level 6 felony, between 6 months to 2.5 years in prison, a fine up to $10,000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized.^[49]
Tennessee	July 1, 2007	Class E felony, between 1 and 6 years in prison, a fine up to $3,000 and the court may also impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Additionally, offenders may be prohibited from owning or possessing animals, and any animals involved in the offense may be seized.^[50]
Alaska	July 1, 2010	Class A misdemeanor, up to 1 year in jail, a fine up to $10,000 and the court may order psychological counseling, particularly if the offense is related to psychological or behavioral issues. Additionally, offenders may be required to forfeit any animals involved in the offense, and they may face restrictions on owning or possessing animals for a period of time after their sentence.^[51]
Florida	October 1, 2011	Third-degree felony, up to 5 years in prison, a fine up to $5,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[52]
Alabama	July 1, 2014	Class A misdemeanor, up to 1 year in jail, a fine up to $6000 and the court may impose additional conditions, such as mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and forfeited.^[53]
New Jersey	November 9, 2015	Third-degree crime, between 3 and 5 years in prison, a fine up to $15,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized.^[54]
Texas	September 1, 2017	State jail felony, between 180 days to 2 years in a state jail facility, a fine up to $10,000 and the court may impose mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized.^[55]
Nevada	October 1, 2017	Category D felony, between 1 and 4 years in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[56]
New Hampshire	January 1, 2017	Class D felony, up to 1 year in jail, a fine up to $2,000 and the court may order mandatory psychological counseling, particularly if the offense is related to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[57]
Kentucky	June 27, 2019	Class D felony, between 1 and 5 years in prison, a fine and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[58]
Ohio	March 24, 2021	Second-degree misdemeanor, up to 90 days in jail, a fine up to $750 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also be required to forfeit the animal involved in the offense and may face restrictions on owning or possessing animals in the future.^[59]
Hawaii	June 7, 2021	Class C felony, up to 5 years in prison, a fine up to $10,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. Additionally, offenders may be required to pay restitution for the care of the animals.^[60]
Wyoming	July 1, 2021	Felony, up to 2 years in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[61]
District of Columbia	April 23, 2023	Class B misdemeanor, up to 180 days in prison, a fine up to $1,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to behavioral or psychological issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed.^[62]
New Mexico	June 16, 2023	Fourth-degree felony, up to 18 months in prison, a fine up to $5,000 and the court may order mandatory psychological counseling, particularly if the offense is linked to psychological or behavioral issues. Offenders may also face restrictions on owning or possessing animals, and any animals involved in the offense may be seized and rehomed. The court may also impose community service or other rehabilitative measures.^[63]

Europe
Country	Date criminalized	Penalty for first-time non-violent bestiality offense
France	10 March 2004	Misdemeanor, up to 2 years imprisonment and a fine up to €30,000^[64]
Belgium	11 May 2007	Misdemeanor, up to 1 month to 3 years imprisonment and a fine between €52 to €2,000^[65]
Norway	1 January 2010	Misdemeanor, up to 1 year imprisonment and a fine up to 75,000 NOK^[66]
Netherlands	1 July 2010	Misdemeanor, up to 1 year imprisonment and a fine up to €19,500^[67]
Germany	13 December 2012	Administrative offense, a fine up to €25,000^[68]
Iceland	1 January 2014	Misdemeanor, a fine using the day-fine system^[69]
Sweden	2014-04-01	Misdemeanor, up to 2 year imprisonment and a fine using the day-fine system^[70]
Spain	30 March 2015	Administrative offense, between 1 and 30 days of community service, a fine between 1 and 2 months using the day-fine system and a special disqualification between 3 months to 1 year imposed for the exercise of a profession, trade or trade that is related to animals and for the possession of animals^[71]
Denmark	1 July 2015	Misdemeanor, a fine determined by a case-by-case basis^[72]