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1 EPR-radar  Thu, Dec 13, 2012 7:32:05pm

This guy's an idiot for taking it to court. He's going to lose, and probably wind up on a sex offender list for life.

I wonder if the Heritage foundation (or some other right wing legal advocacy group) is using this guy as a plaintiff so they can start "defending" bestiality in court with spurious comparisons to homosexuality.

2 watching you tiny alien kittens are  Thu, Dec 13, 2012 9:51:12pm

Actually the articles by two well respected and serious legal scholars go into some detail on the subject of bestiality under the law. Makes for an interesting read, it seems under the current interpretations of the law, legal sex with animals is not nearly as farfetched as I assumed it was.

[Link: www.volokh.com...]

[Link: papers.ssrn.com...]

It seems like this is another case where the actual letter of the laws as currently written, do not as is commonly believed, make a strong case for keeping sex with animals illegal.

3 Obdicut  Fri, Dec 14, 2012 4:28:59am

re: #2 watching you tiny alien kittens are

one of the most disturbing things ever was the sexual politics course I took where I learned how high the incidence of bestiality really is.

Yeeech.

I think it should be criminalized as animal abuse. The defense to that is that the animals 'enjoy' it, but since the animal can't object if they don't and can't attest to enjoying it, I don't think it's an effective defense.

4 Mar  Fri, Dec 14, 2012 5:29:38am

One would assume the lack of ability to consent on the part of the animal would be a major factor besides being really messed up.

5 Obdicut  Fri, Dec 14, 2012 5:42:31am

re: #4 Mar

No, lack of consent really isn't an issue since we don't require consent from animals to violate their rights in all kinds of ways, like killing them, imprisoning them, shaving them and painting stuff on them, etc.

I mean, it's an issue only in so far as the animal can't indicate whether or not it's actually being hurt, but that's it.

6 Interesting Times  Fri, Dec 14, 2012 5:55:25am

re: #5 Obdicut

No, lack of consent really isn't an issue since we don't require consent from animals to violate their rights in all kinds of ways, like killing them, imprisoning them, shaving them and painting stuff on them, etc.

Interestingly enough, that's the very defense used by bestiality defenders - "we do things without consent to animals anyway, so why not this?"

*cringe*

In rebuttal to such an argument, it's easy to point out that even slaughterhouses are supposed to conform to rules regarding animal welfare. So you're correct, bestiality should be framed as a form of animal abuse.

7 Obdicut  Fri, Dec 14, 2012 6:07:21am

re: #6 Interesting Times

Yeah, it's the same bullshit argument that torture apologists use to say it's okay to torture terrorists because we kill them, too.

8 aagcobb  Fri, Dec 14, 2012 7:44:54am

re: #2 watching you tiny alien kittens are

[Embedded content]

Actually the articles by two well respected and serious legal scholars go into some detail on the subject of bestiality under the law. Makes for an interesting read, it seems under the current interpretations of the law, legal sex with animals is not nearly as farfetched as I assumed it was.

[Link: www.volokh.com...]

[Link: papers.ssrn.com...]

It seems like this is another case where the actual letter of the laws as currently written, do not as is commonly believed, make a strong case for keeping sex with animals illegal.

You don't have to make a strong case, you only have to have a rational basis, which doesn't even have to be supported by evidence. For example, off the top of my head, I could defend the law on the basis of preventing new STDs from being transmitted from animals. Bang, the law is constitutional. There is no equal protection argument to make, because having sex with an animal is in no way the same thing as sex between consenting adults.


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