2003.001 Sexual Ethics and Criminal Law, Lester ... - Francis Bennion

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intrude. The proper sanctions against misconduct here are moral to social rather then criminal. and Bestiality ``Sexual activity with animals is generally recognised to 51. profoundly disturbed behaviour. A new o€ence of `Bestiality' be criminalise those who sexually penetrate animals or allow an will to penetrate them. This o€ence will complement existing animal o€ences of cruelty to animals.'' 43 The DailyTelegraph non-sexual the following letter from me on 10 December 2002 ± published Utley (December 7 2002) pillories the sloppy thinking behind Tom Blunkett's white paper Protectingthe Public, which proposes David changes to our criminal law governing sexual fundamental A nation's laws need to be based upon its accepted behaviour. and values, yet on these the white paper is strangely silent. morals proposals are based on no discernible moral framework, Blunkett's invalidates them at the outset. Utley alludes to paragraph 79 which the white paper, which introduces a new imprisonable o€ence of of on no better basis than that sexual activity with animals bestiality generally recognised to be profoundly disturbed behaviour''. ``is is the language of psychiatry, not criminal law. This my book on secular sexual ethics The Sex Code: Morals for In I suggested that it is contrary to the moral duty of Moderns for one's sexuality for a human being to have sex with an respect 44 I did not suggest that therefore this should be a animal. o€ence, additional to the o€ences relating to cruelty to criminal Tony HonoreÂ , Regius Professor of Civil Law in the animals. of Oxford, said in his 1978 book Sex Law, that there University no satisfactory reason for including in modern law a crime of is sexual relations with an animal. He added that though having law books would be poorer if they ceased to mention Coke's the lady who supposedly had sex with a baboon and conceived great it, the crime of bestiality should be consigned to the scrapheap. by White paper, para. 79. See Bill, clause 72. 43 See para. 14 in Annex Two to this report. 44 25
Sexual interference with human remains The ®nal paragraph of the 52. paper complains that there is currently no law that covers white interference with human remains, so it proposes to create one sexual a maximum penalty of two years imprisonment. 45 The only carrying given is that such conduct is ``deviant''. The defendant justi®cation be ``treated and monitored as a sex o€ender both in prison should after release''. Again, such strange behaviour seems to demand and treatment rather than the full weight of the criminal law. medical 45 Para. 80. See Bill, clause 73. 26
Page 1 and 2: SEXUAL ETHICS AND CRIMINAL LAW A Cr
Page 3 and 4: y Published Publishing Lester PEGAS
Page 5 and 6: and Politics Ethics Sex Code: Moral
Page 7 and 8: The Sex Hate Bill? This report sets
Page 9 and 10: children ± with the intention of m
Page 11 and 12: e clear about its ethical foundatio
Page 13 and 14: ce group on reforming sex o€ences
Page 15 and 16: ``Sexual activity between minors''
Page 17 and 18: A further element is that much publ
Page 19 and 20: Nor in such cases is it ``appropria
Page 21 and 22: only arise ``where it is clear that
Page 23 and 24: to be proved by the prosecution bey
Page 25: act in question, though exhypothesi
Page 29 and 30: Bill's elaborate de®nition gets us
Page 31 and 32: the disabled? 49 When dealing with
Page 33 and 34: The Bill's proposals relating to se
Page 35 and 36: Obviously in this report I have onl
Page 37 and 38: . . . the ®rst guide to secular se
Page 39 and 40: natures, abortion and pornography.
Page 41 and 42: far the best section of Bennion's w
Page 43 and 44: We should comply with the ethical c
Page 45 and 46: It is immoral, as contravening the
Page 47 and 48: Where it is known or suspected by e

2003.001 Sexual Ethics and Criminal Law, Lester ... - Francis Bennion

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