S69. Intercourse with an animal
Date Updated: January 2012
Title: Sexual Offences
Offence: Intercourse with an animal
Legislation: Sexual Offences Act 2003 - S69
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 2 years
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
This replaces the previous offence of 'buggery' with an animal, for which the maximum penalty was life imprisonment. The maximum penalty of 2 years' imprisonment attached to this offence is sufficient to recognise an offender's predisposition towards unnatural sexual activity.
A custodial sentence for an adult for this offence will result in an obligation to comply with notification requirements and this seems to be the most appropriate course of action for a repeat offender. The offence can be charged in addition to existing offences relating to cruelty to animals.
A pre-sentence report, which can identify sexually deviant tendencies, will be extremely helpful in determining the most appropriate disposal. It will also help determine whether an offender would benefit from participation in a programme designed to help them address those tendencies.
Aggravating & Mitigating Factors
Aggravating
- Recording activity and/ or circulating pictures or videos
Mitigating:
- Symptom of isolation rather than depravity
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
Type/nature of activity: Basic offence as defined in the SOA 2003, assuming no aggravating or mitigating factors
Starting points: Community order
Sentencing range: An appropriate non-custodial sentence
'Non-custodial sentence' in this context suggests a community order or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluded from imposing a financial penalty where that is determined to be the appropriate sentence.
Relevant Sentencing Case Law
R v Squires [2010] EWCA Crim 2582 - D 67 pleaded late to two counts of buggery and 2 of criminal damage. The earlier offence from 1999 concerned a donkey, a later offence in 2004 related to a mare. D was of low intellect, socially isolated and had lost his ten year old son in a fire. He expressed remorse but it was felt his deviant sexual interest presented a medium risk of reconviction. HELD: These were two unpleasant offences against animals aggravated by the fact they were both tied up and the mare was pregnant. Sentences 6 months for the buggery consecutive, 2 months for each damage concurrent : Total 12 months.
Ancillary Orders
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the offence is committed against a child under 16 and the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006).
Consider Also
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
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