As long as there is no penetration, people can be sexually involved with animals, the supreme court of Canada has ruled, according to The Independent.
The ruling stemmed from a case of a British Columbia man, who had been convicted of a 13 count charge of sexually assaulting his step daughters and a one count charge of bestiality, was acquitted of the bestiality count.
Attorney to the man, identified only as “DLW”, had argued that bestiality or sodomy with animals, which was first used in the Canadian 1955 code, did not include all sex acts with animals.
“Although bestiality was often subsumed in terms such as sodomy or buggery, penetration was the essence, ‘the defining act’, of the offence,” the court said and ruled that penetration was required to be deemed bestiality.
“There is no hint in any of the parliamentary record that any substantive change to the elements of the offence of bestiality was intended.”
DLW had tried to get his dog have penetrative sex with his step daughters but failed. He made the dog lick off peanut butter from the genitals of his step-daughters and recorded it.
DLW contested the bestiality charge as he is serving a 16 year prison sentence.
Only one of the eight justices ruling on the case opposed the ruling saying sexual acts with animals regardless of penetration are inherently exploitative.
Animal Justice, animal rights organisation, told The Independent that the ruling should encourage legislators change “outdated” laws that don’t protect the country’s animals. They described the ruling as “completely unacceptable”.
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