As an argument against bestiality, it is often said that animals are not able to consent to sex.
If this is the case, though, wouldn't that mean that every instance of two animals mating is an instance of rape, since presumably neither of them are able to consent?
Well, if someone is struck by lightning is it murder? A necessary condition for the commission of a crime is that the candidate criminal be an agent. Arguably, non-human animals are not. So, just as they can't consent to sex, they are incapable of rape or murder. Concepts of moral or criminal propriety just don't apply to non-human sex. One reason one is tempted to think otherwise is that non-human animals have moral standing. That is, they are the proper objects of moral consideration, and one can act morally or immorally towards them. But not everything with moral standing is a moral agent. Now, having said that, I do think there are other reasons for your justly wondering about this question. The sexual congress of plants and microbes doesn't raise this question. You aren't likely to wonder whether bees rape flowers. But the sexual activity of animals more closely related to humans seems strikingly similar to our own conduct, as do many non-human ways of eating. Moreover, non-humans close to us can...
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