Canada's Supreme Court has ruled the country's bestiality law only pertains to acts that involve penetration.

In a major blow to advocacy groups that argued animals should be afforded the same protections from exploitation that humans are granted, the high court decided (6-1 vote) in favor of a British Columbia man originally convicted for sexual assault and bestiality involving the abuse of the family dog and his two stepdaughters.

Bestiality Conviction Overturned

Known only by the initials "D.L.W." to protect his stepdaughters' identity, the man successfully appealed his bestiality conviction in a provincial court. Throughout the proceedings his attorneys argued that the law stipulates bestiality requires penetration, which they pointed out his actions did not entail.

Ultimately, D.L.W. was found guilty of 13 counts of sexual molestation involving his two stepdaughters and sentenced to 16-years in prison.

In rendering the verdict, Justice Thomas Cromwell noted penetration has always been required to sustain bestiality convictions, adding courts do not have the power to expand their authority.

"Any expansion of criminal liability for this offense is within parliament's exclusive domain," he wrote.

The crime of bestiality derives from the old crime "buggery," with the original definition meant to convey anal sex with either another human or an animal. Both acts were forbidden in England, home of Canada's earliest laws.

Bill now Afloat to Change law

Presently, a bill seeking to define bestiality anew is before lawmakers, but remains in its early stages.

Camille Labchuk, executive director of the Animal Justice group, an animal rights group which was allowed to intervene in the case, urged parliament to pass the legislation quickly.

Added Cromwell, "Parliament may wish to consider whether the present provisions adequately protect children and animals. But it is for Parliament, not the courts, to expand the scope of criminal liability for this ancient offence."

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