INTRODUCTION AND BRIEF DESCRIPTION
This section criminalizes bestiality in the presence of or incitement of persons under the age of 16.
SECTION WORDING
160(3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
EXPLANATION
Section 160(3) of the Criminal Code of Canada enshrines the offence of bestiality. This section provides that any person who commits bestiality or incites a person under the age of 16 years to commit bestiality in the presence of another person is guilty of an indictable offence or an offence punishable on summary conviction. The term 'bestiality' refers to engaging in sexual activity or penetration with an animal. This act is considered to be an affront to the dignity and integrity of both the animal and the person involved. This section is included in the Criminal Code of Canada to protect children from being exposed to such disturbing behaviour. Children are vulnerable and easily influenced by the actions of others. By witnessing bestiality or being incited to commit it, a child's moral compass and sense of right and wrong may be distorted. Therefore, this section serves as a deterrent against bestiality and the exploitation of children. Additionally, this law punishes those who perpetrate this activity and those who support or encourage it. The punishment for a person convicted under this section is severe. They may face imprisonment for a term of not more than 10 years and a minimum punishment of one year. Alternatively, they may face imprisonment for a term of not more than two years less a day and a minimum punishment of six months if they are convicted of an offence punishable on summary conviction. In conclusion, Section 160(3) of the Criminal Code of Canada is an important provision that protects children from exposure to bestiality. It serves as a strong deterrent against such activities and punishes those who commit them.
COMMENTARY
Section 160(3) of the Criminal Code of Canada deals with an extremely reprehensible act - bestiality. The term bestiality refers to sexual contact between a human being and an animal. This section makes it an offense to commit or incite such acts, especially in the presence of a person under the age of 16 years. The law recognizes that bestiality is a heinous crime that goes against human dignity and societal values. The punishment for this crime is severe, and rightly so. The maximum imprisonment period is ten years, with a minimum of one year. This is an indication of the seriousness of the offense and the need to impose strict penalties to deter such behavior. It is particularly disturbing when such acts are committed in the presence of minors. The law recognizes that minors are particularly vulnerable to such disgusting acts, which can cause psychological trauma and have long-lasting effects on their emotional well-being. Therefore, the Criminal Code of Canada imposes even stricter punishments for those who commit such vile acts in the presence of minors. This is commendable as it sends a message that society will not tolerate such behavior. Moreover, the Criminal Code recognizes that bestiality does not have to involve physical contact. Even if a person incites somebody below the age of 16 years to commit acts of bestiality, they will be held responsible. This provision is critical as it acknowledges that adults may use their power and influence over minors to engage in unspeakable acts. It is important to note that this section of the Criminal Code of Canada applies to all persons, irrespective of gender, age, or sexual orientation. The law is clear that bestiality is an illegal act that undermines the dignity of all parties involved, including the animals. In conclusion, the inclusion of section 160(3) in the Criminal Code of Canada is a very positive development. It highlights the seriousness with which the Canadian legal system seeks to address the issue of bestiality. The law serves as a strong deterrent to all those who would engage in such activity. It is essential to ensure that everyone understands that their actions have consequences that go beyond imprisonment. Rather, it affects the dignity of humans and animals and corrodes the social fabric of the community. Therefore, it is vital that such acts be treated with the contempt they deserve.
STRATEGY
Section 160(3) of the Criminal Code of Canada deals with the offence of bestiality in the presence of a person under the age of 16 years, or inciting such a person to commit bestiality. This section imposes severe penalties, including imprisonment for up to 10 years, for those found guilty of such an offence. Therefore, it is crucial for lawyers and prosecutors to have a sound understanding of this section to ensure that their clients are adequately represented and the justice system functions effectively. One of the critical strategic considerations when dealing with this section is the need to establish the elements of the offence beyond reasonable doubt. The prosecution must prove beyond reasonable doubt that the accused committed bestiality in the presence of a person under the age of 16 years or incited such a person to commit bestiality. Consequently, the prosecution must present credible evidence, including eyewitness testimony, medical reports, and other relevant documents, to establish the offence's elements beyond reasonable doubt. Another critical strategic consideration when dealing with this section is plea bargaining. Prosecutors may offer plea bargains to secure an admission of guilt by the accused in exchange for dropping some charges or reducing the sentence. Plea bargains may be a useful tool for prosecutors to ensure a conviction and may also serve to spare the victim from the trauma of a trial. On the other hand, defence counsel may also employ plea bargaining to ensure a reduced sentence or obtain a better outcome for their clients. The defence may also challenge the evidence presented by the prosecution. Defence counsel may seek to suppress evidence obtained in violation of the accused's rights or challenge the reliability of eyewitness testimony. Furthermore, they may employ tactics such as cross-examination to test the credibility of witnesses or seek expert testimony to refute medical reports presented by the prosecution. An additional strategic consideration for lawyers and prosecutors is to ensure compliance with the rules of evidence and procedure. Errors in filing documents, inappropriate arguments, or other procedural missteps may have significant consequences that could impact the outcome of the case. Consequently, lawyers must ensure strict adherence to the rules of evidence and procedure throughout the trial. In conclusion, section 160(3) of the Criminal Code of Canada imposes severe penalties for committing bestiality in the presence of minors or inciting them to do so. Competent legal representation is crucial to ensure that the justice system functions effectively and adequately protects victims. Key strategic considerations for lawyers and prosecutors include establishing the elements of the offence, plea bargaining, challenging the evidence, and ensuring compliance with the rules of evidence and procedure.