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Snopes needs your help! Learn more. Canada's Supreme Court ruled that the current definition of bestiality technically only included penetrative acts between humans and non-human animals. Supreme Court judges ruled in favor of a man from British Columbia in western Canada convicted for sexual assault and bestiality after he involved the family dog in the abuse of his two stepdaughters.
Justice Thomas Cromwell, writing for all concurring judges, said in the decision that penetration has always been required to secure bestiality convictions and courts do not have the power to rule otherwise. Shortly after the ruling was issued, several web sites reported that Canada had legalized oral sex with animals.
The country, however, did not issue any new laws regarding bestiality, nor did they change any existing laws. Penetration has always been understood to be an essential element of bestiality. Moreover, the courts should not, by development of the common law, broaden the scope of liability for the offence of bestiality. In this case, the term bestiality did have a clear legal meaning when Parliament used that term without further definition in the English version of the Criminal Code.
Bestiality meant buggery with an animal and required penetration. It was clear that to secure a conviction, the prosecution had to prove that penetration of an animal, or, in the case of women, penetration by an animal, had occurred. The offence in substantially the same form was carried over into the first English version of the Canadian Criminal Code in and continued to be in force until the offence called bestiality was introduced into the English version of the Code in the revisions. However, this bill may not stand for much longer.
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