FALSE: Zoophilia has been legalized in Spain, as long as it does not harm the animal

Information is being spread on the Internet, as if zoophilia has been legalized in Spain. The authors argue that the Animal Welfare Act passed by Congress authorizes sexual intercourse with animals, provided it does not harm the animal.

However, this is not true.

On February 9, 2023, the Spanish Congress of Deputies approved the reform of the Criminal Code on animal cruelty, and on March 16, the Senate approved the changes. The goal of the reform was to strengthen the criminal law protection not only of domestic animals, but also of wild animals. Neither the previous nor the current edition of the Code does not mention the term “zoophilia” at all.

The Ministry of Social Rights of Spain explained in a comment to the Spanish media Maldita.es that “sexual exploitation” (the term specified in the previous version of the code) was criminalized only if there was an economic benefit from the exploitation, although the Criminal Code does not mention this. Lawyers contacted by the media noted that each judge could interpret this term at his own discretion. Therefore, José Antonio Ballarin Murr, a lawyer expert in legal and legal issues of the company BallarinMur Abogado, stated that sexual acts with animals, which were carried out without obtaining material gain, remained unpunished.

“Now, instead of sexual exploitation, all sexual acts with animals will be criminalized. If the actions cause bodily harm, they will be considered crimes; in other, smaller cases, they will qualify as animal abuse,” said Ione Belarra, a member of the Spanish Congress of Deputies.

Therefore, two articles were removed from the Criminal Code, which dealt with the punishment for cruel treatment of domestic animals or animals under human control, including their sexual exploitation. Instead, the new provisions of the law provide for prison terms, fines or correctional labor for committing acts of a sexual nature against vertebrate animals. Punishment varies depending on whether the injuries require veterinary treatment to restore the animal’s health or not: for causing injuries or in case of death of the animal, criminal liability occurs, in other cases, the offender faces administrative liability.

Circumstances aggravating the punishment are the use of weapons, objects, means that may pose a danger to the life or health of an animal and the commission of an offense in the presence of a minor or a vulnerable person, or at a public event.

In addition, punishment is introduced for those who leave a vertebrate animal under his responsibility in conditions that may threaten the life or integrity of the animal. Amendments to the Criminal Code entered into force on April 18, 2023.