
Originally Posted by
Darth
Bestiality is considered illegal because most - if not all - animals outside of man are incapable of "consent" in the sense that they do not have the required self-awareness (or, more accurately, awareness OF self-awareness, as some animals do have self-awareness) required to consent or not consent. Dogs can't even pass the mirror test; the most basic testing of self-awareness (as in, if you put a mirror in front of a dog, the dog does not understand that it is viewing itself; it has no conception of "self" and so only sees another dog). If the animal isn't self-aware, then it certainly isn't aware of its self-awareness, meaning it's probably not capable of the conscious decision making like "consenting" or "not consenting." Even if it is self-aware, that doesn't mean it can give consent because it's still one step removed from the same degree of sentience/consciousness that we have, it doesn't have the same decision-making tools that we have.
Consent isn't really the issue, the issue is that most animals simply aren't capable of understanding or conveying consent, so you cannot accurately claim that the animal is consenting or non-consenting. So it's best to err on the side of proper ethics and say "Since we don't know, it's best not to do it." Or, if we say that animals can consent, but we simply lack the metrics to objectively verify it, then you end up at the same end. It's not rape because the area is gray, but it can definitely be construed as wrong as long as our present understanding of consciousness points to most animals lacking self-awareness, or any higher mental functions that are derived from self-awareness.
(The fact that an animal is willing to mount or have sex with a human is not proof of consent because said animal's lack of self-awareness means that it's not really "making" a decision in the same way that we do when we consent. Dogs are willing to drink anti-freeze, that doesn't mean the animal is willingly consuming poison or committing suicide, it lacks the fundamental mental capacity to understand that it's drinking poison, or that "it" is even a separate entity from the world around it. The animal doesn't "make" a decision, it cannot consent because the animal lacks the ability for rationalization.)