Originally posted by: Garth
In a very, very semantical way, I think the lawyer's case has legal merit. I would think that there were other laws pertaining to indecent exposure or public commission of a sex act that the prosecutors could pursue vehemently, and I doubt very much that the ANY judge would be even slightly inclined toward leniency in sentencing the defendant in that situation.
I'm curious about the degree to which the key term "animal" can be interpreted, and what precedent exists that might justify being a bit fast-and-loose with the definitions in order to accord with the spirit in which the law was written. Then again, I've always understood the reasoning behind anti-bestiality laws to hinge on the fact that animals are incapable of consenting to sex acts with humans. Legally, they are assumed to lack the capacity for the rational thought required to give consent. That premise simply doesn't acknowledge animal carcasses.
If there were maggots or other scavenger organisms present in the deer carcass, perhaps they could successfully convict him of engaging in a sex act with THOSE animals. I certainly agree that what the man did is absolutely revolting, but I'm not so quick to advocate legal punishments on that basis. Some one else above mentioned a turkey or a chicken carcass -- something common to almost every home at one time or another. While it certainly doesn't interest me, if someone else felt inclined to use a grocery chicken like it was a fleshlight, I wouldn't feel the urge to have him arrested and sent to prison.
Definitely. The lawyer has a good point, but I think it is grasping for straws because obviously this individual is a harm to animals and, just conjecture, but probably humans.
