It is a subject that no one really ever wants to talk about. But in a debate on the Crime and Policing Bill - now before the House of Lords as it moves through Parliament - Guy raised the issue of why we need to clarify and tighten the law on animal sexual abuse ("ASA") and moved an amendment to the Bill to do so. His amendment received cross-party backing.
In his speech introducing the amendment, Guy noted that "this is not an easy subject to address. It takes us to some dark places, evil crimes and some of the most depraved aspects of humanity." But it was, he said, vital do so for two main reasons.
First, because of animal welfare issues. He said: "Animals subject to ASA often suffer terrible injuries or die. The lives of those that survive are damaged and they are left scared and alone, with the perpetrators of these wicked crimes often those who should be caring for them. To harm a defenceless animal is one of the most terrible acts of cruelty imaginable and deserves to be dealt with by deploying the full force of the law."
Second, there was the equally important of issue of safeguarding and domestic violence. He noted: "It would be quite wrong to think of this as just a niche animal welfare matter, crucial though that is. The unpalatable and often unspoken truth is that this is a far more widespread issue about safeguarding, sitting four-square at the intersection of sexual offending, child protection, coercive control and domestic abuse."
He set out the evidence in some detail "the links between ASA and other serious offending, often involving children, [which] is deeply disturbing. While evidence from the UK is sparse because of the difficulty of collecting data under current legislation, international studies underline the seriousness of the issues involved. A major study of ASA arrests over four decades in the United States found that nearly a third of animal sex offenders had also sexually offended against children or adults. Here in the UK, the charity Naturewatch Foundation has analysed prosecutions under Section 63 of the Criminal Justice and Immigration Act 2008, which covers the possession of extreme pornographic images. It found that in the two years of 2019 and 2020, on 73% of occasions where child sex abuse had occurred, ASA was present in the same case ... A recent study reviewing FoI data provided by police forces across England and Wales and by the CPS found that nearly three quarters of extreme pornography cases involved ASA."
Guy said that the most important point is that ASA is "a predictor offence, a red flag for broader sexual and domestic offending. It is about serious harm to often very vulnerable groups of people, and the law is currently not dealing with it effectively or comprehensively, or with the gravity it deserves. That has to change."
He set out the current deficiencies in the law, noting that there is no clearly defined crime of animal sexual abuse, including under the Animal Welfare Act 2006. Offences are covered by two separate pieces of legislation. Section 69 of the Sexual Offences Act 2003 and Section 63 of the Criminal Justice and Immigration Act 2008 which covers the possession of extreme pornographic images. But, he said, this "existing legislation is fragmented, imprecise, ineffective and incomplete. It is far too narrowly focused, failing adequately to reflect the range of behaviours encountered in modern police investigations, with many sexual acts falling outside of scope. Image-based offences are prosecuted under legislation designed for a very different digital age from the one we live in".
The result of this was that the existing law causes real problems for the police, the CPS and the courts, which do not have the certainty and powers to investigate, prosecute and sentence. "As a result, far too many heinous crimes are inevitably going unpunished. Even more importantly, far too many vulnerable people are being left at risk of sexual offences or domestic abuse because red flags and predictor offences were not registered and managed properly."
He therefore proposed an amendment to the Crime and Policing Bill which would create two linked offences: first, a comprehensive offence of animal sexual abuse, which would cover penetrative and non-penetrative sexual acts, including acts committed for sexual gratification whether or not there is physical penetration, and situations where children or others are involved or made to witness the abuse; and second a separate offence relating to images of ASA in line with the structure and sentencing framework of Section 63 of the Criminal Justice and Immigration Act 2008, carrying a maximum of three years’ imprisonment.
In conclusion - urging the Government to act - he said: "The heart of the amendment, which is based on peer-reviewed research and evidence to Parliament, is about improving protection for both animals and vulnerable people. In line with existing sentencing and notification frameworks, it would ensure that those who commit these heinous offences can be properly prosecuted, monitored and managed. It would prevent so much suffering."
Guy received support from across the House. The full debate can be read here, starting at column 218.
For the Government, the Minister, Baroness Levitt, promised to "reflect on the matter."
ENDS.
