07-27-2003, 08:53 PM
Ah, sex with a dead dog.
Legally speaking, having sex with a taxidermically stuffed dog would be nearly identical to masturbating into a pillow. As long as it is done in private, no party would have standing to bring suit in criminal court. As distasteful as many of us would find the act, there are no reasonable grounds for prosecuting it as an offense.
Now, a non-stuffed animal corpse would be another matter entirely. The avenues for prosecution would depend on the relative freshness of the corpse. If an animal was killed and then used as a sexual aid, then charges of animal cruelty could be brought, possibly with the extenuating sexual circumstances to be taken into account during sentencing.
If the corpse were sufficiently old, the case could be prosecuted as a health code violation. Rotting corpses are a significant threat to community health and safety. A ranch tenant near my hometown is currently facing charges of both animal cruelty and public health violations after letting over 150 pigs starve to death. If I recall correctly, and I admit to being too lazy to look up the case, he faces up to three years in state prison if convicted.
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It is important to keep in mind that criminal and civil cases in the U.S. must be brought by or on behalf of someone who can claim injury as a result of the act. In criminal proceedings, the state takes the part of the victim of the crime. In cases such as murder or theft, the victim is easy to identify. In others, such as public sex acts, the victim is the overarching sense of community decency. Laws attempting to regulate private sexual behavior have long been justified as falling under the umbrella of community decency. Lawrence finds that the community has no standing to meddle in an otherwise private and consensual act between adults.
The reality of the whole beastiality issue is that such crimes will still be prosecuted as vigorously as before. The prosecution will argue that Lawrence does not hold because the case does not involve consenting adults. The judge or jury will likely find that argument very persuasive. Such a case will never reach the Supreme Court, or likely even a Circuit Court, because no one with the sufficient funds for an appellate strategy would want to touch the case with a ten foot pole. Even the most controversial Constitutional challenges don't make it up the appellate ladder until or unless there is a significant trend of support in the public at large. You don't have to worry about necrophilic beastiality until Will and Spot (RIP) becomes a consistent top-ten prime time television show.
Legally speaking, having sex with a taxidermically stuffed dog would be nearly identical to masturbating into a pillow. As long as it is done in private, no party would have standing to bring suit in criminal court. As distasteful as many of us would find the act, there are no reasonable grounds for prosecuting it as an offense.
Now, a non-stuffed animal corpse would be another matter entirely. The avenues for prosecution would depend on the relative freshness of the corpse. If an animal was killed and then used as a sexual aid, then charges of animal cruelty could be brought, possibly with the extenuating sexual circumstances to be taken into account during sentencing.
If the corpse were sufficiently old, the case could be prosecuted as a health code violation. Rotting corpses are a significant threat to community health and safety. A ranch tenant near my hometown is currently facing charges of both animal cruelty and public health violations after letting over 150 pigs starve to death. If I recall correctly, and I admit to being too lazy to look up the case, he faces up to three years in state prison if convicted.
=====
It is important to keep in mind that criminal and civil cases in the U.S. must be brought by or on behalf of someone who can claim injury as a result of the act. In criminal proceedings, the state takes the part of the victim of the crime. In cases such as murder or theft, the victim is easy to identify. In others, such as public sex acts, the victim is the overarching sense of community decency. Laws attempting to regulate private sexual behavior have long been justified as falling under the umbrella of community decency. Lawrence finds that the community has no standing to meddle in an otherwise private and consensual act between adults.
The reality of the whole beastiality issue is that such crimes will still be prosecuted as vigorously as before. The prosecution will argue that Lawrence does not hold because the case does not involve consenting adults. The judge or jury will likely find that argument very persuasive. Such a case will never reach the Supreme Court, or likely even a Circuit Court, because no one with the sufficient funds for an appellate strategy would want to touch the case with a ten foot pole. Even the most controversial Constitutional challenges don't make it up the appellate ladder until or unless there is a significant trend of support in the public at large. You don't have to worry about necrophilic beastiality until Will and Spot (RIP) becomes a consistent top-ten prime time television show.