Breaking Down Sexual Offences
This week’s article will be relatively short as we look at conduct which everyone probably knows to be a crime: intercourse with an animal. This offence, created under section 31 of the Sexual Offences Act, Cap 8:03, Laws of Guyana (the SOA), is perhaps better known as bestiality.
Importantly, section 31 is gender-neutral, contemplating acts by both men and women.
Penetration or being penetrated
Section 31 (1) of the SOA states that the offence of “intercourse with an animal” is committed where ‘he penetrates the vagina or anus of a living animal with his penis, knowing, or being reckless regarding the fact that he is penetrating the anus or vagina of an animal.’
There are a few things which we should note about this offence. First, the general definition of penetration under this act does not apply. As such, it does not seem that this offence would be committed if a man inserted his penis into an animal’s mouth, or any other part of an animal’s body. This may be explained by the possibility that it is unlikely for a man to do this. Second, the offence does not address a case where a man inserts a different body part, or a foreign object into the vagina or anus of a living animal. Third, the offence is only committed if a man penetrates the vagina or anus of a living animal. It is therefore not a criminal offence for a man to penetrate the vagina or anus of a dead animal.
There may be other points I am missing, but I believe these to be the most notable.
Meanwhile, section 31 (2) of the SOA provides that a woman commits the offence of “intercourse with an animal” if she causes or allows her vagina or anus to be penetrated by the penis of a living animal, and she knows or is reckless to the fact that she is causing or allowing herself to be penetrated in the vagina or anus by the penis of an animal.
There are a few important points to note about this offence as well. First, the offence is committed where a woman allows her vagina or anus to be penetrated by the penis of a living animal. No offence is therefore committed if she causes or allows an animal to lick her vagina or anus. Additionally, it does not seem that the offence is committed where the woman causes or allows an animal to penetrate her mouth, or any other part of her body.
Of course, the question of consent does not arise in this offence, as animals are not considered to be capable of consenting to such conduct with humans. That said, it is highly likely that even if we thought that animals could consent, such conduct would, and rightly so for a plethora of reasons, be an offence nonetheless.
A person found guilty of this offence on indictment is liable to imprisonment for life, while conviction after a summary trial carries the sentence of a million-dollar fine and imprisonment for two years.
The criminalisation of this conduct, and the sentences it carries reflects its outward rejection by society.
Mr Chevy Devonish is a Senior Legal Advisor with the Attorney General’s Chambers and Ministry of Legal Affairs, and a Part-time Lecturer at the University of Guyana. You can contact Mr Devonish
at chevydevonish@gmail.com.
