Have you been charged with Bestiality?
***Please be aware this section has now been repealed and the correct and current law exists under section s54A of the Crimes Act 1958***
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s59 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
This old charge carries a maximum penalty of 5 years in prison, so you will require the services of a law firm that specialises in criminal law.
If you have been charged with Bestiality;
- Can the prosecution make out their case?
- Did you have penetrative sex with an animal of either gender?
Please read below for more information in relation to this charge.
The offence
Section 59 of the Crimes Act 1958
The prosecution must prove:
Buggery by a man on an animal of either sex; or
Buggery by an animal on a man or woman; or
Penetration of the vagina of an animal by the penis of a man; or
Penetration of the vagina of a woman by the penis of an animal.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years
Where will my case be heard?
Bestiality cases will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. Don’t delay your preparation to the last minute, as it will be essential in ensuring a successful outcome.
If you have been charged with Bestiality make an appointment to see one of our experienced lawyers today.
The legislation
59. Bestiality
(1) A person must not commit an act of bestiality.
Penalty: Level 6 imprisonment (5 years maximum).
(2) An act of bestiality is any of the following—
(a) buggery committed by a man on an animal of either sex;
(b) buggery committed by an animal on a man or woman;
(c) penetration of the vagina of an animal by the penis of a man;
(d) penetration of the vagina of a woman by the penis of an animal.
(3) The law relating to buggery is as set out in this Act and no prosecution shall be instituted for an offence of buggery unless it is for an offence under this section.
