A proposal to criminalize bestiality in Malta

Abstract

Malta is one of a steadily decreasing number of countries which does not expressly ban sex with animals. An exception is only made if the animal is injured in the process and a person would in such case be tried for cruelty to animals. Animals which undergo sexual abuse are only afforded protection by insufficient legal safeguards under the Animal Welfare Act. Chapter 1 examines the prevalent practice of bestiality, explaining the term in detail, providing a historical account of the practice as well as religious and legal implications. Chapter 2 examines zoophilia and the various kinds of sexual attraction to animals. It also differentiates between zoophiles and bestialists and discusses animal marriages. Included in this Chapter is the phenomenon of animal sex tourism, why bestiality is not an issue only for rural environments (even though it is more common in such a setting) and the main reasons as to why bestiality should be a criminal offence Chapter 3 is concerned with informed consent, which is particularly significant in the context of advocating for anti-bestiality legislation. It examines the situation from an ethical perspective and questions as to whether bestiality is a mental condition, which includes also a brief examination of several case studies. The Chapter then considers the criminal element of persons who abuse animals during childhood, statistics indicating the prevalence of bestiality as well as the impact the Internet has had with bestiality and the zoophile community. Chapter 4 concerns comparative criminal law and Chapter 5 deals with local law. The latter Chapter includes my research which indicates that bestiality occurs in Malta and it examines the animal cruelty provision contained in the Animal Welfare Act. The impact of anti-bestiality legislation is briefly mentioned, including possible challenges to the law. Lastly a model provision for our Criminal Code is provided as a guide.