Bestiality

It is an offence in Queensland for a person to have sexual (penile) intercourse with an animal.

What is Bestiality?

The word ‘Bestiality’ generally refers to having sex with an animal. 

Section 211 of the Criminal Code in Queensland states that a person commits the crime of Bestiality when they engage in penile intercourse with an animal.   For this section, the words “penile intercourse” is defined to mean the penetration, to any extent, of the vagina, vulva or anus of the animal by the penis of another person.  A person will have “engaged” in penile intercourse with an animal if—

1. the person penetrates, to any extent, the vagina, vulva or anus of an animal with the person’s penis; or
2. the animal’s vagina, vulva or anus is penetrated, to any extent, by the penis of another person.

You can also be charged with Bestiality if you help someone else to commit the offence against an animal. Both men and women can be charged with this offence.   

If you engage in any sexual act with an animal or allow the animal to perform a sexual act on you, (even if there is no penetrative sex with the animal), this is still an offence but will usually be charged as animal cruelty. 

The following acts constitute Bestiality:

• Inserting your penis into the anus or vagina of your pet dog
• Inserting your penis into the anus or vagina of cattle or sheep
• Doing either of the above things for the purpose of creating videos or committing such acts for entertainment.
• Aiding another person to have penetrative sex with an animal (for example by holding the animal down or restraining it to allow for the act to occur).

What Must Be Proven?

For a person to be found guilty of the offence of Bestiality, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• The accused person has performed a sexual act with an animal
• The sexual act with the animal involved the person inserting their penis into the vagina or anus of the animal, to any extent. 

If the Prosecution is unable to prove all of the above elements, the person should be found not guilty. 

Which Court Will Hear the Matter?

While an offence of Bestiality will be commenced in the Magistrates Court, it must proceed on indictment.  This means that it will go through a “committal” process where it will be moved from the Magistrates Court to the District Court of Queensland, to be finalised either by way of a trial or sentence. 

Maximum Penalty

In accordance with section 211 of the Criminal code, the maximum penalty a person can receive for the offence of Bestiality is 7 years imprisonment.

Possible Defences to the charge of Bestiality

1. Insanity/ Unsoundness of mind- Section 27 Criminal Code:
   • • This defence will only apply if the evidence suggests the alleged offender was, at the time of the act, in such a state of mental disease or natural mental infirmity as to deprive them of the capacity to:
       • understand what they were doing, or 
       • control their actions, or
       • know that they should not do the act.
     • If the person was deprived of one or more of the 3 capacities above, they will not be criminally responsible for their actions in perpetrating the offence of Bestiality.
     • If a person is suffering from delusions, but not to the extent that they were deprived of one of the above three relevant capacities, they will be criminally responsible for the act to the same extent as if the real state of things had been such as the person was induced by the delusions to believe to exist.
     • When raising the defence of insanity, an accused person contends with the assumption at law that every person is presumed to be of sound mind–until the contrary is proved. Because of this, to raise the defence of insanity successfully, the accused will usually need to rely upon medical evidence which proves they were deprived of one or more of the three relevant capacities. 
   • The question of insanity will often be determined through the Mental Health Court, but in some cases, the question can be left to a jury. A person will generally be excluded from reliance on the defence of insanity where they have, to any extent, intentionally caused themselves to become intoxicated by alcohol or drugs.
2. Non-voluntary Intoxication – Section 28 Criminal Code:

• This defence applies where a person’s mind is disordered by intoxication or stupefaction which was caused without intention on their part. The intoxication can be by drugs, intoxicating liquor or by any other means. 
• This defence does not apply where a person has, to any extent, intentionally caused themselves to become intoxicated.
• This defence applies the provision of the insanity offence outlined above to a person whose mind is disordered by involuntary intoxication.
• To successfully raise this defence, the accused person would bear the onus of raising evidence which tended to prove their intoxication was involuntary, and was to such an extent that it operated to deprive the person of the capacity to:
  • understand what they were doing, or
  • The capacity to control their actions, or
  • The capacity to know that they should not do the act.
• If the person was, by virtue of the level of their involuntary intoxication, deprived of one or more of the 3 capacities above, they will not be criminally responsible for their actions in perpetrating the offence of Bestiality.

Common Questions about Bestiality

Will I go to Gaol or have a criminal record if I am convicted of this offence?

The following is a list of potential sentences a Queensland Court can make (in order of seriousness, from least serious to most serious):

• Convict and not further punish
• Release upon entering into a recognisance, with no conviction recorded (also known as a Good Behaviour Bond)
• A monetary fine
• Probation 
• Community Service
• An Intensive Corrections Order
• Suspended Orders of Imprisonment
• Imprisonment 

The offence of Bestiality is a serious charge. Because of the nature and seriousness of the charge, it must be finalised in the District Court of Queensland. Though there are few comparative sentencing decisions for the offence, the Courts have sentenced people to imprisonment for attempting to engage in Bestiality. Accordingly, there is a risk of actual imprisonment if you are convicted of this charge. 

In Queensland, any time the Court orders an intensive corrections order or a term of imprisonment (even if the imprisonment is wholly suspended, or the person is granted immediate parole) the Court must record a conviction.  When a conviction is recorded, the offence will appear on the person’s Court outcomes, and the person will have recorded criminal history. 

If you are not sentenced to an intensive corrections order, or a term of imprisonment for this offence, the Court usually has discretion about whether to record a conviction and arguments can be made by your lawyer about why a conviction should not be recorded. Ultimately, if the Court decides to record a conviction, the offence will appear on your Court outcomes, and you will have recorded criminal history (often referred to as ‘a criminal record’). 

The consequences of a conviction being recorded for any type of offence can be serious if you have a job or type of employment where you need to have no prior criminal convictions. It may also jeopardise your employment and/or make it difficult to obtain visas for overseas travel.  A conviction for an offence of a sexual nature can completely rule out certain career paths, particularly those vocations which require a blue card, where you are working with children, or other vulnerable communities. If you are convicted of an offence of this nature, you can expect to have your blue-card taken away from you. 

What should I do if I am contacted by Police about a charge of Bestiality?

If you are contacted by Police and they want to talk to you about a charge of Bestiality it’s important you receive good advice at the earliest opportunity and before speaking with Police or anyone else about the matter.  Armstrong Legal provides expert legal advice and representation for offences of this nature.

Contact Armstrong Legal now to arrange an obligation free consultation.