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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This is a question about Bestiality (law course research).

Customer Question

This is a question about Bestiality (law course research). If someone tries to have sex (penetrate) an animal but doesn't actually do so, does it still fall under :
Intercourse with an animal
[F1(1)A person commits an offence if—
(a)he intentionally performs an act of penetration with his penis,
(b)what is penetrated is the vagina or anus of a living animal, and
(c)he knows that, or is reckless as to whether, that is what is penetrated.
Thank you for your time.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.In short yes. It is an attempt and an attempt is classed as if the act has been carried out.Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Thank you. One more thing, does it matter if he wasn't caught with his pants down as such?

Expert:  Ash replied 2 years ago.
That does not matter, it was attempted and as such is the same.
Expert:  Ash replied 2 years ago.
It goes to mitigation only that the act was not complete.Does that help?
Expert:  Ash replied 2 years ago.
Can I clarify anything else for you today please?
Expert:  Ash replied 2 years ago.
Please see: http://www.cps.gov.uk/legal/h_to_k/inchoate_offences/#P26_1288
Customer: replied 2 years ago.

Not knowing the law isn't an excuse but if said individual knew that it was legal but it turned out not to be so could that help him out?

Expert:  Ash replied 2 years ago.
That is mitigation only, it is not a defence.Does that help?