SEX AND THE ANIMAL KINGDOM—READ ALSO PETA RESPONSE TO EARLIER HORSE INCIDENT
Wisconsin Bestiality Case Certain To Draw Attention Of Western Big Game Hunters
By Todd Wilkinson, 11-16-06
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Every so often an email arrives that is too good not to share.
For New Westies who passionately enjoy the great out of doors and love to hunt, this real life court case comes courtesy of a dear (not deer) old college friend, Fredric "Fritz" Anderson. Together, we were classmates at St. Olaf College in Northfield, Minn.
Today, Fritz is a public defender in northwestern Wisconsin and recently he took on a case involving a man who allegedly had amorous feelings for his quarry and apparently, it seems, for other animals.
The accused, 20-year-old Bryan James Hathaway, also has a previous no-contest guilty plea of shooting a horse in order to have sex with it.
This latest case, as one might expect, attracted local media attention back in the North Woods which led to it being featured this week on The Smoking Gun blogsite. It involves two interpretations of the law that are sure to become fodder for sportsmen and women in saloons across America.
Is it legal to have sex with a dead wild animal? Moreover, does the essence of the animal still exist when it's dead and, if not, then do laws pertaining to lewd and lascivious behavior still apply?
It's worth pointing out, perhaps, that there remains a philosophical debate, at least in some corners of the world, over whether bestiality is actually a crime—it's a misdemeanor in Wisconsin— or merely an indulgence of carnal pleasure that adherents hopefully practice discreetly.
Anderson's case in Douglas County, however, is even more complicated because it involves his defendant allegedly partaking in sexual acts with a deer after the animal was found deceased in a ditch.
Local Assistant District Attorney James Boughner argues that Hathaway broke the law because criminal statutes relating to "sexual gratification with an animal" do not specifically rule out a crime being committed if it involves a dead animal versus a live one. But attorney Anderson counters in a motion to dismiss now before Judge Michael Lucci: "The statute does not prohibit one from having sex with a carcass."
I asked Fritz what kinds of legal precedents exist? "After an exhaustive legal search," he replied, "I'm happy to report to have found no case law."
“I’m a little surprised this issue hasn’t been tackled before in another case,” Judge Lucci said, as reported in The Daily Telegram newspaper based in Superior, Wisconsin.
For those interested in reading more or seeing the story at The Smoking Gun headlined "Can You Get Dear With A Dead Deer?" and subtitled "Wisconsin motion argues sex with animal carcass not a crime", you can access it by clicking here..
According to the story, Judge Lucci is expected to render a ruling by December 1.
"The misdemeanor charge carries a maximum penalty of nine months in jail and a fine of up to $10,000," writes Daily Telegram reporter Maria Lockwood. "If convicted, Hathaway could see that prison term of up to two years because of a previous conviction. In April 2005, Hathaway pleaded no contest to one felony charge of mistreatment of an animal for the shooting death of Bambrick, a 26-year-old horse, in order to have sex with the animal."
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"One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors."
-Plato
The new kvetch in town....
PETA issued this press release in the wake of Hathaway's first incident with the horse:
PETA DEMANDS JAIL TIME, PSYCHIATRIC INTERVENTION IF ALLEGED SUPERIOR ANIMAL KILLER IS CONVICTED
For Immediate Release:
December 20, 2004
Contact:
Daniel Paden 757-622-7382
DATELINE: Norfolk, Virginia— Today, PETA sent an urgent plea to Douglas County Assistant District Attorney Jim Boughner, urging him to vigorously prosecute Bryan James Hathaway of Superior. Hathaway faces felony charges stemming from a December 6 incident in which he allegedly shot a 26-year-old horse—named Bambrick—to death.
News sources state that Hathaway was already on probation for threatening a group of teenagers with a loaded rifle last year. Hathaway is scheduled to face these most recent charges in court this Wednesday, December 22.
"Animal abusers are cowards," says PETA Cruelty Caseworker Daniel Paden. "They take their issues out on the most defenseless beings available to them. Douglas County residents have reason to be concerned. According to leading mental-health professionals and law-enforcement agencies, perpetrators of violent acts against animals are often repeat offenders who pose a serious threat not only to other animals, but to the community as a whole."
PETA is also sending its new anti-violence public service announcement hosted by actor Dennis Franz to TV stations serving the Superior area.
PETA’s letter to Assistant District Attorney Jim Boughner follows.
December 20, 2004
Jim Boughner, Assistant District Attorney
Office of the District Attorney, Douglas County
1313 Belknap St.
Superior, WI 54880
Dear Mr. Boughner:
People for the Ethical Treatment of Animals (PETA) is the world’s largest animal rights organization, with more than 800,000 members and supporters dedicated to animal protection. This letter concerns a recent case of cruelty to animals that your office is prosecuting, involving Bryan James Hathaway, 18, of Superior. Hathaway faces felony charges stemming from his alleged December 6 fatal shooting of an elderly horse in Parkland. According to news sources, the accused told authorities that he shot the animal following the animal’s defensive response to his apparent attempt to rape her. News sources also indicate that the incident occurred while Hathaway was on probation in connection with his November 2003 use of a loaded rifle to threaten a group of teenagers.
We understand that Hathaway is scheduled to answer to these charges in court on December 22.
Mental-health professionals and top law-enforcement officials consider cruelty to animals, including zoophilia, to be a red flag. The American Psychiatric Association identifies all forms of animal abuse as diagnostic criteria for conduct disorders, and the FBI uses reports of animal abuse in analyzing the threat potential of suspected and known criminals. A recent study by Jory, Flemming, and Burton shows that 96 percent of offenders who had engaged in bestiality also admitted to sexual assaults on humans. When asked how many serial killers had a history of abusing animals, FBI supervisory special agent Alan Brantley, a psychologist who was formerly on staff at a maximum security prison, said, "The real question is, ‘How many do not?’" Experts agree that it is the severity of the behavior, not the species of the victim, that matters.
We ask that, upon conviction and in addition to a period of incarceration, Bryan Hathaway be required to undergo a thorough psychological evaluation followed by mandatory counseling at his own expense—the safety of the community may depend on it. Because repeat crimes among animal abusers are the rule rather than the exception, we implore you to take every measure necessary to ensure that Hathaway is prohibited from all contact with animals for five years, per §951.18.4(c) of Wisconsin Statutes, and that any animals currently in his custody are immediately seized.
Thank you for your diligence in this matter and for your time and consideration. Please do not hesitate to contact me at 757-622-7382 if you have any questions or if our office can be of assistance.
Sincerely,
Daniel Paden, Cruelty Caseworker
Domestic Animal and Wildlife Rescue & Information Department
Headline: No argument: Depravity with deer is dead wrong
Duluth News Tribune
Published Sunday, November 19, 2006
If for whatever reason there’s any confusion, let’s get this straight: People should not have sex with animals. The same goes for carcasses that used to be animals.
We regret that the need has arisen to even discuss this subject, but the defense proffered last week in the prosecution of a Superior man accused of having sex with a dead deer he found in a ditch demands comment.
In a motion filed on behalf of defendant Bryan James Hathaway, public defender Fredric Anderson maintains Wisconsin law “does not prohibit one from having sex with a carcass,” making a distinction between the animal’s remains and a living being. It’s a clever tactic because while state law does prohibit sexual immorality with animals, it doesn’t say anything about dead animals. As Anderson says, humans use dead animals for all sorts of legit and acceptable purposes, such as food and clothing.
But it shouldn’t apply in this case because Anderson’s obviously less-than-well-adjusted client, who has a prior last year for shooting a horse to have sex with it, wasn’t making venison or even shopping for fur-lined mittens in an adults-only boutique. Nor was he searching for animal byproducts; he apparently wanted the whole deer, and for a purpose clearly prohibited by law.
Hathaway’s motivations aside, Anderson’s defense employs a legalistic slow-the-game-down technique of parsing evidence into oblivion to argue a chair is not a chair.
An infamous example was the trial of the Los Angeles police officers accused of beating Rodney King. By deconstructing the video frame-by-frame, the defense successfully argued that only reasonable force was being used against King and that it couldn’t be proven in any single frame that King was being seriously harmed.
The strategy may have worked, but was ridiculous; King was brutally beaten, of course, and in real-time, not in an imaginary frame-by-frame world. Similarly, Hathaway isn’t accused of improper rendering or carcass disposal or any other might-have-wanted-to-do scenarios; he’s accused of sexual immorality with an animal. Interpreting the law to exclude the dead or freshly killed could, as Assistant District Attorney James Brougher pointed out, encourage others who commit similar acts to kill their prey.
That alone is one of many good reasons for the court to dismiss Anderson’s arguments. Hearing one of these stories — and Hathaway has given us two — is more than any of us need in a lifetime.
What if someone takes a dead chicken home and has sex with it - do you prosecute him? I have heard of people doing that.
I have friends who would regularly go out and have sex in fields with live sheep. So is that so bad?