The most important concept in this work is the so-called harm principle. What is this principle? The harm principle basically states that individual liberty should only be limited in order to prevent harming of others. In other words: a certain behaviour can only be prohibited by the government is such behaviour is harmful to others. This also means that the law should not make acts of self harm illegal. If some one chooses to harm himself without harming others, then we should not consider such person as a criminal.
Related to the harm principle is the concept of victimless crimes. These are crimes which do not have a victim. However, what is a victim? Some crimes such as murder, rape and theft, have clearly identifiable victims. But there are crimes in which the victims are less clear. An example is environmental pollution, which does harm person by destroying our environment. Only in case of environmental pollution it is often not clear who exactly has been harmed. Some wingnuts claim for these reason environmental pollution is a victimless crime, of course this is pure bullshit.
However, the harm principle does not state that some one has to be harmed intentionally by some act. If it is known that a certain act is harmful for some one, then this would be sufficient reason for prohibiting such act (or at least to regulate such behaviour).
Some people would argue that incest between mutually consenting adults is not a victimless crime. And people such as David Brink, suggest that bestiality is a victimless crime. In both cases, people argue that no one is harmed by such acts. In this post I will explain why neither incest nor bestiality is a victimless crime.
With incest we mean here: sexual intercourse between two consenting adults who are close relatives of each other. This definition excludes sexual relations between adults and minors and rape of a relative. These latter two act consist two separate crimes, since they are generally not considered as victimless.
One might argue that if two (or more) person consent to have sexual intercourse with each other, then there is no harm. In most cases, this would indeed be true. However, if two closely related persons have sex we have to take into account the children who might result from this act. And in case of two close relative having intercourse we have to deal with the risks of inbreeding.
It is a widely known fact that children of parent who are close relatives, have a greater change of having genetic disorders. Many governments are persuading pregnant women not to smoke or drink alcohol, because of the potential harm for their unborn children. Following this logic, we should also discourage close relatives to have sex with each other, in order to prevent harm to the children who might be conceived during an incestuous affair.
Inbreeding becomes even more serious when the children of closely related parents would have in their turn children with their relatives. For each generation that a family practices incest the incidence of genetic disorders will increase. And these disorders include very serious illnesses. There is incest certainly not a victimless crime.
Bestiality is when a human has sexual intercourse with a non-human animal. This behaviour is harmful in several ways.
First, we have to consider the harm done to the animal. According to Mill’s teacher Jeremy Bentham animals should have moral relevance because they can suffer, just as humans. Therefore animals are also covered by the harm principle. Although harming an animal might be justified in certain extraordinary circumstances, we absolute do not consider trying satisfying some (perverse) sexual urges as one of those.
Whether an animal will suffer of sexual intercourse with a human, depends on the physiology of the particular animal. However, even if an animal is not physically injured, an animal might suffer psychological damage from a unconsensual act.
A second reason why bestiality should be illegal is the problem of diseases which can be transferred from one species to another. By having intercourse with animal a human being might be infected by some disease. If such person subsequently has intercourse with a human, (s)he might infect other people. A new, potentially epidemic, infectious disease has been born. Or the zoosexual might infect other animals.
Scientists believe that HIV has been transmitted from apes to humans at some point in last century. We do not want just another of such disease. Therefore bestiality is not a victimless crime.