Beruflich Dokumente
Kultur Dokumente
Animal Maltreatment
Forensic Mental Health
Issues and Evaluations
G A R Y PAT R O N E K
AND
THOMAS GRISSO
1
1
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CONTENTS
Index 361
FOREWORD
Lacey Levitt, PhD, is a licensed clinical psychologist who was one of the original
researchers involved in the FBI Behavioral Analysis Unit’s Criminal Histories of
Animal Cruelty Offenders project. She and Dr. Grisso co-chaired a symposium
on Forensic Animal Maltreatment Evaluations at the American Psychology-Law
Society’s annual conference. She has worked as a forensic psychologist in a
county jail and as a psychologist in the assessment unit of a state prison.
Gary Patronek, VMD, PhD, is a veterinarian and epidemiologist who now works
as an independent consultant. He also maintains an adjunct faculty appoint-
ment at the Cummings School of Veterinary Medicine at Tufts University, where
he was previously the director of the Center for Animals and Public Policy and
founded the Hoarding of Animals Research Consortium (HARC). He has pub-
lished and worked professionally in the area of animal maltreatment for over
25 years.
Terry Kukor, Ph.D., ABPP (Forensic), is the director of Forensic and Specialized
Assessment Services for Netcare Access in Columbus, Ohio. He serves as an
adjunct professor in the departments of Psychology at Drexel University and
Miami University, and as a member of the auxiliary faculty in the department
of Psychiatry at The Ohio State University. At the Netcare Forensic Center, he
performs and supervises criminal forensic evaluations on court-referred adults
and juveniles.
Lisa Lunghofer, Ph.D., an expert in social policy and psychology, is founder
and executive director of Making Good Work, LLC, which specializes in help-
ing animal-related programs and causes achieve results. She directs the Animals
and Society Institute's AniCare and Rapid Response Program. She serves as
a consultant to a variety of animal-related programs throughout the country,
helping them to develop conceptual frameworks, write successful grant propos-
als, develop evaluation plans, craft marketing materials, and identify and track
outcomes.
Lila Miller, D.V.M., a veterinarian, is Vice President of Shelter Medicine at the
American Society for the Prevention of Cruelty to Animals. She has extensive
experience working in an animal shelter and clinic and has examined hundreds
of dogs and cats who were victims of animal maltreatment. She is the co-author
of an article on the need for veterinary forensics, co-edited two textbooks on
shelter medicine that address veterinary forensics and animal cruelty, and lec-
tures frequently on the role of the veterinarian in handling animal abuse.
Jane N. Nathanson, LCSW, LRC, CRC, is a social work and rehabilitation con-
sultant in private practice, specializing in human-animal health and welfare and
the development of supportive living services for elders, persons with disabili-
ties, and their families. Her work has included the design and implementation of
client counseling and professional training programs for animal hoarding crisis
intervention and case management.
Emily Patterson-Kane, Ph.D., is a behavioral psychologist and animal welfare
scientist. As a researcher she contributed to the literature on animal motiva-
tion and humane husbandry. She is now an advocate for mutually beneficial
human-animal interactions and for the role of science in assessing and address-
ing social issues.
Sandra R. Sylvester, J.D., is a career prosecutor with the Office of the
Commonwealth’s Attorney in Prince William County, Virginia. She has pros-
ecuted child abuse cases for 25 years and animal cruelty cases for over 15 years.
She is the legal advisor for the Virginia Police Canine Association and a certified
dog trainer.
C ontributors xiii
This book introduces an emerging subfield of forensic mental health that aims
to assist society and the courts in their responses to animal maltreatment. The
term “forensic” refers to the application of scientific knowledge and methods to
assist the legal system in its responses to criminal and civil cases. The subfield of
forensic mental health that this book describes applies the research and clinical
methods of psychology, psychiatry, and social work to help our legal system face
significant challenges in cases involving animal maltreatment.
T H E P OT EN T I A L FO R A N A N I M A L M A LT R E AT M EN T
S U B FI EL D O F FO R EN S I C M EN TA L H E A LT H
In contrast to this longer legal history, the application of forensic mental health
to animal maltreatment evaluations for the courts has only just begun to emerge.
In recent years, laws have increasingly encouraged, and courts have increasingly
requested, mental health evaluations of persons charged with or convicted of
violating laws against animal neglect and cruelty. As this book describes, some
pioneers have taken on the challenge of developing and performing evaluations
to explain individuals’ animal maltreatment and to guide courts in their efforts
to provide legal dispositions in the interest of both offenders and their animal
victims. Their efforts are the first sign of a movement toward what we believe will
be a new subfield of forensic mental health assessment, for which we suggest the
name forensic animal maltreatment evaluations.
Therefore, one of the primary objectives of this book is to provide a conceptual
framework to stimulate the systematic development of methods and strategies for
forensic animal maltreatment evaluations. Toward that end, let us describe the
contributions in this volume, divided into four sections associated with the types
of legal, empirical, and clinical knowledge we have or that we need to develop.
S ECT I O N I: SO C I A L A N D L EG A L C O N T E X T
FO R A N I M A L M A LT R E AT M EN T
The primary anchor for any area of forensic behavioral science is an understand-
ing of the social, legal, and scientific contexts to which it intends to contribute.
The three chapters in this section explore those three contexts with regard to
animal maltreatment.
Chapter 1 by Gary Patronek, a veterinarian, addresses the societal context. It
offers an historical view of the nature of attachments and abuses in human-animal
relationships, beginning with ancient hunter-gatherer and agrarian cultures,
and moving to the modern (19th century) development of animal welfare orga-
nizations that preceded and influenced the present child welfare system in the
United States. These observations are preliminary to a more detailed review of
animal maltreatment as a social problem in the late 20th century to the present,
focusing especially on a modern, evolving social ethic concerning the status of
animals. Statistical evidence is provided for the scope and types of animal mal-
treatment in recent years. The chapter concludes with an important explanation
of the definitions of terms and concepts used throughout the book, especially the
classification of types of animal maltreatment.
Chapter 2, by lawyers Sandra Sylvester and Alexander von Fricken, describes
modern laws related to animal maltreatment. Beginning in the late 19th cen-
tury, these laws were influenced in part by the need for property laws to protect
owners from harm to their animals, but increasingly they reflected a sense of
the need to protect animals for reasons other than their ownership. The chapter
then reviews the 50 states’ current statutes regarding the protection of animals
from maltreatment. It deals with legal definitions of “animals” (not all animals
xviii I ntroduction
enjoy the same protections across the states) and how the law handles animal
maltreatment cases for adults and for juveniles. It describes the states’ provisions
for forensic evaluations of persons convicted of animal maltreatment, including
the apparent reasons for those evaluations, available evidence about how those
evaluations are used, and what little is known about the frequency with which
courts call for forensic animal maltreatment evaluations of various kinds.
Chapter 3, by Thomas Grisso, a research and forensic psychologist, offers a
science-based context for conceptualizing a subfield of animal maltreatment
with a forensic mental health framework. What would a complete knowledge
base for such a subfield look like as it matures? Three broad types of research are
offered as a way to classify a science-based field of knowledge in this area and to
generate questions for research. Other chapters review how far this research has
come. In contrast, this chapter describes how to identify and classify the types of
research that are needed to form the field’s hypothetical knowledge base. While
doing this, the chapter also sketches some of the methodological problems the
field has encountered or will encounter in performing future research to support
an animal maltreatment subfield of forensic mental health.
S ECT I O N II: T H EO RY A N D R ES E A R C H
O N A N I M A L M A LT R E AT M EN T
Law, the legal system, and forensic mental health efforts to assist the law in this
area must be guided by theories and empirical knowledge about animal mal-
treatment. The three chapters in Section II provide reviews of research that has
begun to build that knowledge base. They focus especially on the characteristics
and circumstances of people who engage in various forms of animal maltreat-
ment, as well as implications of those findings for reducing future offending.
Chapter 4 by Lacey Levitt, a clinical forensic psychologist, offers a comprehen-
sive review of research on people who intentionally assault or abuse animals. It
includes research with children, adolescents, and adults, and it considers many
types of intentional animal maltreatment: for example, torturing animals, ani-
mal assault in domestic cases, animal abuse as a reaction to one’s own abuse,
bestiality (sexual acts with animals), and animal fighting as a sport. The chap-
ter reviews what is known about the characteristics of animal maltreatment
offenders within those categories, examining their demographics, developmen-
tal histories, personality characteristics, mental disorders, and delinquent and
criminal offenses. Special attention is given to research that attempts to identify
relations between animal abuse and a propensity to harm humans. The chapter
also identifies the most important things that we do not know and that should be
the focus of future research.
Chapter 5, by Emily Patterson-Kane, a behavioral psychologist, addresses the
complexities associated with interpreting the research reviewed in Chapter 4 on
the relation of animal abuse to aggression against humans. Animal maltreatment
has long been suspected of having a relation to aggression in general and crimes
I ntroduction xix
includes a review of a significant number of tools and tests that have developed
within this new subfield of clinical assessment.
Chapter 12, by Terry Kukor and Daniel Davis, both clinical forensic psy-
chologists, and Kenneth Weiss, a psychiatrist, describe ethical and practical
concerns that professionals face when performing forensic animal maltreat-
ment evaluations. The chapter offers guidance for competent and ethical prac-
tice in this relatively new area of forensic assessment. Most ethical principles
in forensic mental health practice are applicable across civil and criminal
areas of forensic mental health evaluation. However, ethical issues often arise
in unique ways from one type of forensic evaluation to another, and forensic
animal maltreatment evaluations are no exception. For example, clinicians’
empathy for animal victims presents special challenges in efforts to approach
animal maltreatment evaluations objectively, and suggestions are provided
for mitigating examiner biases that might arise in collecting and interpreting
one’s data.
ED I TO R S’ G R AT I T U D E
As editors we are indebted to our contributing authors who gave their time and
knowledge to this project. We are grateful for their dedication but not surprised,
because we are aware of the values that drive their work. Mental health and legal
professionals who apply their science or clinical skills to better understand the
human motivations behind animal maltreatment often are motivated by their
passion for animals. We care about them, and this caring, tempered by the
objectivity that our professions require, drives the work of people who are rep-
resented in this book. They are the early models for a subfield that has a chance
to improve society’s protection of animals through effective laws and system-
atic approaches to forensic mental health evaluation and intervention in animal
maltreatment cases.
SECTION I
Animal Maltreatment as
a Social Problem
G A RY PAT R O N E K ■
Turner (1980) notes that one of the first records of humans’ special relationship
with animals was the cave paintings at Lascaux in southern France, painstak-
ingly incised on the rock walls about 30,000 years ago. Although the preserva-
tion and discovery of these archeological treasures may have been a fortuitous
accident, the choice of subject matter likely was not. Of all the facets of daily
4 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
life that could have been depicted (e.g., friends, foes, family life, gods) by these
unknown Paleolithic artists, it was animals, in all of their wild majesty, who
were immortalized. Their special status was reinforced, as Carson (1972) notes,
by being drawn in much more detail than the human figures present. We can
only wonder whether they invoked the same awe and inspiration at the time they
were painted as they do today.
Turner (1980) emphasizes that every human culture has lived closely with
and relied upon animals for survival. Presumably to distance this fact from any
notion that this relationship was characterized by overwhelming sentimentality,
Turner (1980, p. 2) emphasizes that the “reverence for animals in the abstract
typically coexisted with a daily round of careless brutality.” In one sense, animal
suffering should not be at all surprising given the toil, hardship, peril, and brev-
ity that characterized human lives for much of history. Nevertheless, for mil-
lennia, there has also been a thread of compassion woven through the human
struggle for survival. It is the evolution of that thread of compassion that I will
emphasize here, as that is the aspect most relevant for appreciating the current
status of animals in society and why laws have been written to criminalize their
maltreatment and/or encourage better care.
The tension between compassion and cruelty described here is reflected in
the philosophical and religious traditions that have been instrumental in shap-
ing cultural attitudes. As Livingston (2001) describes, the interests of animals
may have been considered as subordinate to, intertwined with, or separate but
equal to human interests. Nevertheless, the unifying thread among these diver-
gent approaches was that needless cruelty should be avoided (Livingston, 2001).
Rollin (2011, p. 107) notes how, since biblical times, there have been socially
accepted prohibitions against “deliberate, willful, sadistic, deviant, purposeless,
unnecessary infliction of pain and suffering on animals, or outrageous neglect.”
Perhaps nowhere is this tension better reflected than in the use of animals for
religious sacrifice, which required an item of great value as an indication of one’s
devotion to God.
The idea that animals’ instinctive behaviors and needs should be respected
is also present in biblical teachings. As Rollin (2007, 2011) reminds us, there
are Old Testament prohibitions against practices such as yoking an ox and
ass together to plow, or muzzling an ox when it was being used to mill grain,
because all of these practices were against the animals’ natures. As will be
discussed later in this chapter and others, the notion that certain natural,
intrinsic behaviors that make a dog a dog, a bird a bird, and a pig a pig (their
“telos”) are essential to welfare, and interfering with them can inflict consid-
erable suffering, has come to influence contemporary thinking about animals
(Rollin, 2007, 2011).
With the passing of hunter-gatherer culture and the organization of society
around fixed villages approximately 10,000 years ago, much of our relation-
ship with animals was shaped by domestication of a limited number of species
(Carson, 1972). As Rollin (2007, 2011) describes, at least in broad terms, the wel-
fare of these farmed animals was linked to the welfare of their human caregivers
Animal Maltreatment as a Social Problem5
through proper husbandry. The word husbandry, derived from a Norse word
“hus/band,” means bonded to the household (Rollin, 2011). As Rollin (2011) con-
cludes, the implication of this language is that it was important for animals to
receive care that met their needs if humans were to survive and thrive. If the
animals did well, then people did well, at least in general. This of course hardly
means that animal cruelty and suffering were non-existent, but it does suggest
that there was an implicit recognition of the importance of meeting animals’
intrinsic needs as part of what has been described as man’s “ancient contract”
with animals (Dawkins & Bonney, 2008; Rollin, 2007, p. 130; 2011). Others, how-
ever, are reluctant to characterize this arrangement in quite so noble terms, and
have suggested that, given the lack of consent on the part of animals for these
arrangements, the term “covenant,” which implies a one-sided agreement, bet-
ter describes the obligation (Whay, 2009). Either way, the key point is that some
degree of accommodation of the animals’ needs was understood, and that mal-
treatment was not in anyone’s interest.
Societal motivations for opposing maltreatment of animals have varied
throughout history and largely follow, to varying degrees, Livingston’s (2001)
descriptions of the status of animals (e.g., as subservient to, intertwined with,
or separate from, human interests). One predominant motivation for prevent-
ing maltreatment has been that of protecting property. Indeed, as Livingston
(2001) notes, in feudal times, domestic animals such as cattle, sheep, and poultry
were actually used as a form of currency for payment of rents and taxes, in addi-
tion to their more prudential role of providing food, labor, and transport. Given
this, it is easy enough to see why acts (maltreatment) that injured the property
of another were of great concern. Although property interests have receded as
a motivator in contemporary legislative activity, the property-based legacy of
existing state statutes concerning animal maltreatment can at times confound
the alignment of moral and legal considerations in court decisions. For example,
DeCoux (2007) describes a contemporary prosecution involving a man who cap-
tured a small dog, broke his jaw, strangled him, beat him with a shovel, and
finally set fire to him, ultimately resulting in the dog’s death, all the while video-
taping the entire crime. For the maltreatment per se, the offender was convicted
of misdemeanor cruelty to animals and sentenced to probation. Additionally,
and only because the dog was owned by another person, the offender was also
convicted of the greater crime of arson and sentenced to 27 months in jail. As
will be discussed later, animals are generally considered (and treated as) evi-
dence, without any legal status as victims of a crime (Bernstein & Wolf, 2005;
Moore, 2005), albeit with one court decision in Oregon indicating some progress
in this area (Heiser, 2012).
Another motivation, at least historically, for prohibiting gratuitous maltreat-
ment of animals has been ascribed to the belief that mistreatment of animals
could further degrade human morals and encourage other undesirable vices
and behaviors. Taken to the extreme, this theme was powerfully reinforced
by William Hogarth’s printed engravings, The Four Stages of Cruelty (1751)
(see: http://en.wikipedia.org/wiki/The_Four_Stages_of_Cruelty; Munro &
6 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
Munro, 2008). These prints, deemed shocking in their day, depict the progres-
sion of the central figure, Tom Nero, from boyhood animal abuse to becoming
a hardened murderer as an adult. The final print shows him executed for his
crimes, with his corpse being publicly dissected by surgeons for study. Hogarth
ensured these prints were priced inexpensively enough that they could be readily
available for moral instruction of the masses.
On a larger scale, as will be discussed later, this morality theme was played
out in legislative efforts to ban blood sports such as bull baiting and bear baiting
(described in detail later in this chapter). These socially sanctioned spectacles
were common sources of entertainment, particularly in English village
life. They were (at least officially) viewed with disdain by the upper classes
because they were thought to be associated with idleness, drunkenness, and
gambling—all social vices to be discouraged (Carson, 1972; Turner, 1980). As
Carson (1972) further explains, during the Protectorate of Oliver Cromwell in
the United Kingdom during the mid-1600s, Puritan condemnation of blood
sports derived largely from their offense at the pleasure the spectators displayed,
rather than distaste for the pain the animals endured. The historical legacy of
animal cruelty viewed as moral vice lingers today, considering the placement
of some U.S. anticruelty statutes in sections of the law dealing with gambling,
prostitution, obscenity, and substance abuse.
The final motivation for prohibiting maltreatment of animals—because it was
against the interests of animals themselves—remained confined largely to the
writings of philosophers and pleadings of theologians, and was not expressed
in statute until comparatively recently. A considerable amount of the reluctance
to accept the premise that animals matter in and of themselves can be traced to
the writings of French philosopher Renee Descartes (1596–1650) (Carson, 1972).
Descartes believed that animals were unconscious machines without minds,
the ability to reason, or the ability to suffer, and he maintained that that their
writhing and screaming during vivisection (e.g., dissection, surgery, and experi-
mentation while conscious) were nothing more than reflex actions [Descartes
(reprinted) 2007]. These grossly distorted views of animal behavior and physi-
ology, now unambiguously disproven, unfortunately negatively affected social
perceptions and treatment of animals well into the 20th century.
PR O H I B I T I N G A N D PU N I S H I N G A N I M A L
M A LT R E AT M EN T U N D ER T H E L AW
The idea of identifying and punishing maltreatment of animals through the legal
system is a phenomenon of the last 500 years and, as will be shown, even more
so of the last two centuries. The first animal protection legislation in the Western
world, passed in Ireland in 1635, prohibited pulling wool of sheep and attaching
plows to horses’ tails (http://en.wikipedia.org/wiki/Animal_rights#cite_ref-19).
This was closely followed by the Body of Liberties enacted by Puritans in the
Massachusetts Bay Colony in 1641. Two of these “liberties” prohibited “Tirrany
Animal Maltreatment as a Social Problem7
“The day may come when the rest of animal creation may acquire those
rights which never could have been withholden from them but by the hand
of tyranny. The French have already discovered that the blackness of the
skin is no reason why a human being should be abandoned without redress
to the caprice of a tormentor. It may one day come to be recognized that the
number of legs, the villosity of the skin, or the termination of the os sacrum
are reasons equally insufficient for abandoning a sensitive being to the same
fate. What else is it that should trace the insuperable line? Is it the faculty of
reason, or perhaps the faculty of discourse? But a full-grown horse or dog is
beyond comparison a more rational, as well as a more conversable animal,
than an infant of a day or a week or even a month old. But suppose they
were otherwise, what would it avail? The question is not, Can they reason?
nor Can they talk? but, Can they suffer?” (Favre & Tsang, 1993, p. 3, Quoting
Bentham, 1781).
As Favre (2013) notes, Bentham’s argument about the capacity for suffering was
vital to future legal consideration for animals.
As previously mentioned, one of the most egregious forms of socially sanc-
tioned animal maltreatment in England were the blood sports. In these popu-
lar “entertainments,” various types of animals were pitted against each other in
some type of violent physical struggle. In bull baiting, bulls were tied in a specific
location and large, physically strong “bulldogs” were set upon them for the enter-
tainment of the public. Bulls were mauled and killed, and dogs often also suffered
and died when gored or trampled by the terrified animals. The first attempt to
outlaw bull baiting in the UK, introduced in Parliament by Sir William Pulteney
in 1800, was defeated, as was a more formidable second attempt in 1809, that
time initiated in the House of Lords by Lord Erskine (Turner, 1980).
As Turner (1980, p. 21) notes, despite these early failures, the proponents
of these bills were already “laying the axe to rotten timber.” Village life, and
the blood sports associated with it, was already becoming an anachronism in
England, supplanted by a new industrial age. Coincident with industrialization
was a rise in humanitarian concern on multiple fronts. For example, the slave
trade was abolished in England in 1807, and the first Factory Acts intended to
remediate some of the worst abuses of workers, including child labor, were passed
8 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
in 1802 and 1819 (Turner, 1980). Thus, the time was ripe for a repeat attempt to
address this egregious maltreatment of animals.
With the support of Evangelical leaders such as William Wilberforce, a partial
victory was obtained with legislation driven by member of Parliament Colonel
Richard Martin, nicknamed “Humanity Dick” (Carson, 1972; Favre & Tsang,
1993; Turner, 1980). Passed in 1822, and referred to as “Martin’s Act,” the law
made it illegal and punishable by fines or imprisonment to “wantonly and cruelly
beat or ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep
or other cattle” (Favre & Tsang, 1993, p. 4). Paradoxically, the courts managed
to contrive a way to exclude the bull from this definition (Turner, 1980), so bull
baiting remained legal until outlawed by the Cruelty to Animals Act of 1835.
Hunting foxes on horseback with hounds, however, a bloody pastime favored
by the upper classes, remained legal in the United Kingdom until the early 21st
century.
Coincident with the passage of Martin’s Act (and involving many of its key
supporters) was the establishment of the first Society for the Protection of
Cruelty to Animals (SPCA) (Carson, 1972; Favre & Tsang, 1993; Turner, 1980).
Being extremely successful in attracting the social elite to its list of supporters,
the organization later became, with Queen Victoria’s patronage in 1840, the
Royal Society for the Prevention of Cruelty to Animals (RSPCA). Similar organi-
zations were soon established in several other European nations, and the RSPCA
model became a pivotal influence in the development of the animal protection
movement in the United States (Carson, 1972).
In the United States, protection of animals from maltreatment via the legal sys-
tem did not really take hold until the later 19th century. As Favre and Tsang
(1993) discuss, between 1800 and 1850 there are records of only a handful of
cases in which cruelty to animals was prosecuted under legal theories anchored
in malicious and mischievous destruction of property, particularly if the (ani-
mal) property belonged to another. Typically this concern was restricted to
animals that were commercially valuable, did not apply to pets or wildlife, and
suffering per se was not addressed. A Maine law enacted in 1821 represented an
incremental improvement over previous statutes in that it prohibited “cruelly
beating” one’s own horse or cattle, as well as animals owned by others (Favre &
Tsang, 1993).
This more expansive spirit influenced a New York law, passed in 1829, which
later became a model for the first real wave of meaningful anticruelty legisla-
tion in other states (Favre & Tsang, 1993; Lockwood, 2006). As Favre and Tsang
(1993) emphasize, the New York law was notable because it provided protection
for private property and also prohibited certain types of maltreatment regard-
less of ownership. Actions prohibited in the first section of the statute were those
Animal Maltreatment as a Social Problem9
likely to interfere with the commercial value (e.g., killing, maiming, wounding)
whereas the second section further expanded protections against acts (e.g., beat-
ing and torture) that were relevant because of animals’ capacity to suffer. Thus,
by this legal logic, if someone killed their own horse by beating it to death, the
beating, but not the killing, would be illegal (Favre & Tsang, 1993). By contrast,
there have been other cases where motive or intent, as opposed to property status,
was the defining issue in whether an action was defined as criminal behavior. For
example, there is contemporary case law where a court agreed that a defendant
beating a dog for disciplinary purposes, even if painful or excessive, was not a
crime without an evil motive, but that the same action for purposes of torture
would be within the statute (Dicter, 1978). It should also be noted that affirma-
tive duties of care, considered more burdensome than a simple prohibition of
maltreatment, were not yet included in these early laws (Favre & Tsang, 1993).
The person most credited with enshrining legal protection of animals as we
know it today was Henry Bergh. His enormous contributions for achieving
transformational change have been well described (Carson, 1972; Turner, 1980).
Briefly, Bergh was born into a wealthy family and traveled extensively through-
out Europe, where he was in a position to observe the treatment of animals in
cities throughout the continent. In 1863, he was appointed to a diplomatic post
in Russia by President Abraham Lincoln. In Russia (as well as other parts of
Europe), he was very troubled by the maltreatment he witnessed, particularly of
horses, who were the primary means of transportation of people and goods in a
pre-automotive age.
Traveling to the United Kingdom, Bergh sought the counsel of the Earl of
Harrowby, then president of the RSPCA, and learned much about how that
organization had developed. Inspired by those achievements, upon his return
to the United States, Bergh became outspoken against many forms of maltreat-
ment. He was particularly appalled by the widespread indifference to the sys-
tematic punishment inflicted on horses in their role as beasts of burden on the
streets of New York. With his numerous social connections, Bergh persuaded
many influential people to sign on to his plan for reform, which ultimately
resulted in founding of the first formal animal protection organization in the
United States, the American Society for the Prevention of Cruelty to Animals
(ASPCA).
U N D ER STA N D I N G EN FO R C EM EN T
O F A N I M A L M A LT R E AT M EN T L AWS
Coincident with formally chartering the ASPCA, the New York legislature
amended the maltreatment statute and took the groundbreaking step of delegat-
ing enforcement authority to a private organization—the ASPCA. The assump-
tion that regular police could not be relied upon to seriously enforce the new
law established a precedent that was subsequently replicated to varying degrees
throughout the United States. This decision has had enormous influence, positive
10 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
as well as negative, on how animal maltreatment cases are handled today in the
legal system.
Mental health professionals should be aware that the agencies that have
today inherited this enforcement power vary tremendously in their organi-
zational structure, mission, resources, expertise, and even name. Therefore,
the array of players and their roles in enforcement of maltreatment stat-
utes can be very confusing. For example, the name ASPCA is quite specific,
referring to the national non-profit established in New York City by Henry
Bergh. However, many local organizations have the phrase “SPCA” as part
of their name. This does not imply any association with or supervision by
the ASPCA, which does not operate shelters outside of the New York City
metropolitan area. Furthermore, organizations with entirely different names
(e.g., “Humane Society,” “Animal Rescue League,” etc.) may perform identical
work to an organization called an SPCA. And not every organization with
one of these names is necessarily involved in enforcing animal maltreatment
statutes. Some may simply be animal shelters, pet adoption centers, foster
care providers, educational groups, or advocacy groups, not involved in direct
law enforcement. Finally, in some communities, enforcement of the animal
maltreatment statutes can be the responsibility of a municipal animal con-
trol department and/or regular police. As a further twist, sometimes animal
control has its administrative home within a police department, but in other
cases may be under a completely different area of administration within a
municipality that has nothing to do with regular law enforcement (e.g., sani-
tation department or public works).
Delegation of enforcement powers to private humane organizations has in
general stood the test of time. SPCAs and humane societies have proven they
often do have the motivation, training, and expertise to pursue investigations
seriously and effectively. This is in contrast to local police, who often receive
little training in animal law or animal care and consequently may have mini-
mal expertise in these areas. Police may also have little interest in investigat-
ing animal maltreatment complaints, particularly when faced with homicides,
assaults, thefts, and a host of other offenses against people deemed more urgent
or deserving of attention. Pierce (2011) describes five different practice models
and demonstrates how the amount of police power granted to local agencies can
affect their activities as a law-enforcement entity:
A sixth type of practice model now appears to be in the making, with the
ASPCA signing a memorandum of understanding in September 2013 with the
New York City police department (NYPD). Representing a substantive reversal
of historical precedent, the regular NYPD will now take the lead in responding to
animal maltreatment complaints in the city (National Link Coalition, 2013). The
role of the ASPCA will be to provide services to support a successful prosecution,
including investigative support, care for animal victims, veterinary forensics
expertise, and animal law expertise. How feasible or desirable it may be for this
model to be expanded to other jurisdictions in the United States remains to be
determined, as resources are not necessarily coupled with added responsibilities.
Regardless of which of these practice models guides the investigation of cases,
prosecution often ultimately becomes the responsibility of local law enforce-
ment, typically under the broad oversight of a district attorney. This can create
some challenges. For example, as with police investigators, the interest, training,
motivation, and expertise of prosecutors with respect to animal maltreatment
varies dramatically. Some prosecutors and judges may work hand-in-hand with
and/or seek input from the local non-profit that investigated the case, whereas
others may nearly exclude the non-profit from substantive involvement. So in
the worst possible situation, the non-profit agency may find itself responsible for
bearing the cost of caring for the animals for months to years as a case winds its
way through the judicial process, with little input into decisions that affect case
disposition or even the welfare of the animals involved.
The problem of providing for the best interest of the animals is further com-
pounded because animals do not have any legal status as victims of crime when
maltreatment is prosecuted—technically, the crime has been committed against
the state, and seized animals are legally considered as “evidence” (Bernstein &
Wolf, 2005; Moore, 2005). This is also true for human crime victims, of course,
but other processes have been formally established in every state to give voice
to those individuals. Unlike humans who are victims of a crime, treatment and
rehabilitation of seized animals may be compromised because of their eviden-
tiary status and the misguided notion that like inanimate evidence of a crime,
the “evidence” must and can be preserved (Bernstein & Wolf, 2005). This often
results in animals being confined for an extended period of time in an insti-
tutional environment where rehabilitation is difficult if not impossible while
legal proceedings drag on. An inherent contradiction in this situation is that
12 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
following seizure and removal from the abusive situation, the animal’s condition
may improve dramatically, despite the need to “preserve” evidence. This high-
lights the importance of careful documentation at the time of seizure.
One additional issue with neglect (as well as any other form of animal mal-
treatment), is that most (40/50) states are legislatively silent on the issue of how to
charge defendants and sentence convicted offenders when multiple animals are
injured (Serafino, 2012). Consequently, as Serafino (2012) has noted, this leaves
the decision of how to charge in the hands of prosecutors. Some prosecutors
may charge one count for each individual animal, some may elevate the level of
offense if multiple animals are involved, some may separate charges by species,
and others may charge only the most egregious offense.
There are some promising innovations, however, toward ensuring that the
interests of animals are represented. For example, Rhode Island has become the
first state in the United States to pass a law allowing a veterinarian or special
agent from the Rhode Island SPCA to act as an advocate for animals in judi-
cial proceedings (see: http://www.animallaw.info/statutes/stusrist4_1_1_38.
htm#s31). Court-appointed Special Masters have also been used to advance
the representation of animals’ interest in several high-profile cases (Fox, 2008;
Huss, 2008). To remedy deficiencies in training and expertise of traditional law
enforcement, professional attorneys’ organizations have been formed to pro-
vide resources to prosecutors. For example, the National District Attorneys
Association (NDAA) has established The National Center for the Prosecution
of Animal Abuse (Phillips, 2011). The Animal Legal Defense Fund (ALDF) is
another organization offering similar kinds of assistance.
One may well ask why animal protection legislation happened as it did, where
it did, and when it did. Briefly, scholars have advanced the notion that early
opposition to animal maltreatment was part of a broader swell of upheaval and
humanitarian concern over a plethora of social ills rampant during the late 19th
century in England. These included the plight of the disenfranchised, including
women’s suffrage and legal rights; the evils of industrialization (e.g., vast slums,
exploitation of factory workers and child labor); prison reform; abolition of slav-
ery; and opposition to vivisection (as used here, this term implies performing
surgical procedures and anatomical dissection upon conscious animals for sci-
entific discovery) (Carson, 1972; Turner, 1980).
Coral Lansbury (1985; first chapter reprinted in 2007), in her book The Old
Brown Dog: Women, Workers, and Vivisection in Edwardian England, provides
Animal Maltreatment as a Social Problem13
an in-depth discussion about how the antivivisectionist concern over the exploi-
tation of dogs for scientific inquiry eventually became conflated with other social
concerns. Lansbury argues, in part, that indifference to animal suffering on the
vivisector’s table mirrored callous attitudes towards women, and poor women
in particular, by the medical profession. She also notes how poor men as well
as women lived in fear of being claimed for dissection after death by medical
scientists. Thus, albeit for different reasons, male union workers and female
suffragettes found themselves in joint opposition to the medical students (and
their support for vivisection) during the Brown Dog Riots of 1907 in Battersea,
England.
Several classic and very influential books further underscore the intertwin-
ing of various social phenomena in the late 19th and early 20th centuries. Anna
Sewell’s book Black Beauty has been called the “Uncle Tom’s Cabin of the Horse”
(Carson, 1972, p. 111). The novel is written as the horse’s own autobiographi-
cal memoir, tracing his transition from his birth in the carefree countryside to
the hard life of an aged horse straining to pull a carriage on the gritty streets of
London. First published in 1877, it achieved enormous popularity and is still in
publication today, standing as a major work in humane education on both sides
of the Atlantic. The book is credited with having a major impact on the humane
treatment of horses and elimination of certain socially sanctioned abuses in the
United Kingdom and the United States.
It has also been suggested that the work of Charles Darwin and his theory of
natural selection should not be underestimated in its influence. Publication of
On the Origin of Species (1859), The Descent of Man (1871), and the Expression
of Emotions in Man and Animals (1872) revolutionized thinking in the biological
sciences, but had much broader social consequences. Turner (1980) argues that
increased awareness of the kinship between humans and other animals helped
create an intellectual and social climate much more receptive to the messages of
preventing animal maltreatment. Although Darwin himself was not opposed to
medical research involving animals, his deep affection towards dogs, his close
association with prominent anti-vivisectionists, and his interest in protecting
animals from inhumane treatment during experiments have been described
(Feller, 2009).
In 1906, investigative journalist Upton Sinclair used the meatpacking indus-
try as the setting of his novel The Jungle. Although his intention was to increase
public awareness of the harsh labor conditions endured by working class immi-
grants, the novel ultimately became more known for its exposure of the inhu-
mane and filthy conditions animals faced in U.S. slaughterhouses and of the
contaminated meat being sold to the American public. Concern over these issues
ultimately led to passage of the Meat Inspection Act and the Pure Food and Drug
Act of 1906; the latter established the Bureau of Chemistry, which in 1930 was
renamed the Food and Drug Administration (see: http://en.wikipedia.org/wiki/
The_Jungle).
These examples summarize a few themes and events that are thought to have
greatly influenced changing attitudes towards animals. However, Turner (1980)
14 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
cautions against using any single explanation for the rise of animal protection
during these years and of the dangers of oversimplifying the motives of advocates.
He emphasizes (p. 37) how, in those socially turbulent times, different notions
“swirled inseparably in people’s minds, weaving different patterns, colliding with
beliefs about other matters, reshaping and reinforcing each other.” Ultimately, he
identifies the following basic threads as making important contributions:
So why the focus on animals in particular? Noting that concern does not nec-
essarily imply action, Turner (1980) suggests that overly enthusiastic embrace-
ment of social reform could have threatened both social order and powerful
economic interests, given the needs of an industrializing society for a ready
supply of compliant workers. He describes (p. 37) Victorian compassion as
“damned up behind a wall of convention, ideology, and interest” and wonders
(p. 54) whether “uneasy Victorians have subconsciously transferred their chari-
table impulses from the forbidden ground of the working class slums to a more
acceptable object of benevolence,” (i.e., the suffering of animals; Turner, 1980).
By comparison, Jasper and Nelkin (1992) describe these times as a period of sen-
timental anthropomorphism when people retreated emotionally into a private
life centered around the immediate family. They suggest that romanticization
of nature was a reaction to increasing industrialization, with house pets becom-
ing the primary animals with which people had regular and overtly sentimental
contact (Jasper & Nelkin, 1992).
In the United States, it is important to recognize the early links between animal
protection and child protection, as the latter owes a major debt to recognition of
the shared vulnerability of both children and animals to the actions (and inac-
tions) of their caregivers (Costin, 1991; Zilney & Zilney, 2005). Nearly a decade
after passage of the landmark animal protection law in New York, the plight of
an abused child, Mary Ellen Wilson, brought the resources of animal protection
to her aid. Although there are minor variations in the story, the basic elements
are that Mary Ellen was regularly and severely beaten by her foster parents,
Mary and Francis Connolly (Costin, 1991). Etta Wheeler, a concerned neighbor/
social worker, spent months attempting to have the child removed from this abu-
sive home. Given the deeply held cultural values of the time about the sanctity
Animal Maltreatment as a Social Problem15
of family life and parental authority, her lack of success was not unexpected.
With no legal means to intervene, Ms. Wheeler approached Henry Bergh at the
ASPCA with a plea to assist, using the common-sense notion that a child could
certainly suffer as greatly as an animal under mistreatment.
Contrary to the simplicity and appeal of the Mary Ellen legend as it is some-
times told, Bergh initially resisted involvement in the case, as he had in other
cases involving children (Costin, 1991; Shelman & Lazoritz, 2005). When he
eventually did intervene, his efforts are described as being mostly in his capacity
as a private citizen, rather than in his official role at the ASPCA (Costin, 1991).
Nevertheless, it was the ASPCA’s legal counsel, Elbridge T. Gerry, who filed the
petition (a writ of habeus corpus) for Mary Ellen’s removal in 1874, and ASPCA
agents assisted in gathering evidence for the court hearing. This intervention
ultimately resulted in the rescue of Mary Ellen and the conviction and jailing
of her foster mother. Shortly thereafter, the New York Society for the Prevention
of Cruelty to Children was formed, likely the first organization of its kind in
the world (Costin, 1991; Shelman & Lazoritz, 2005; Zilney & Zilney, 2005).
Elbridge Gerry emerged from the case as a leading figure in the child protection
movement. This also triggered formation of similar societies elsewhere, often
in conjunction with or under the auspices of animal protection organizations.
Close association between animal protection and child protection continued for
many years, until they gradually drifted apart. Indeed, one national organiza-
tion in the United States, the American Humane Association, originally voted
to include both animal and child protection in its mission, and continued to do
so for many years.
Costin (1991) cautions against an overly simplistic characterization of the
Mary Ellen case as being responsible for the development of child protection
legislation and its implications for social transformation. Many of the same
social conditions (particularly women’s rights and suffrage) that created a fer-
tile ground for animal protection also nurtured the incipient child protection
movement. Because Mary Ellen was an out-of-wedlock child not living with her
biological parents, hers was considered a non-traditional and perhaps less wor-
thy family, and thus Costin (1991) puts forth the idea that it was more socially
acceptable to intrude into their private affairs. The involvement of men of wealth,
influence, and conservative inclinations (women were conspicuously excluded
from the power structure of the Society for the Protection of Children until 1921)
also likely reassured the public and officials about the very circumscribed and
conservative nature of the new organization’s mission (Costin, 1991). In terms
of what this meant for social progress, Costin argues that the judicial patriarchy
that replaced paternal authority had a downside through its coercive control of
poor, immigrant families that were often headed by women. So, as with the suc-
cesses described for animal protection, child protection progress was also tem-
pered by social realities, and motives may have been mixed.
It is interesting that the laws protecting children, although facilitated by some
of the same social concerns that enabled growth of animal protection, evolved
along very different paths in the United States. Despite Costin’s (1991) concern
16 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
about the over-reaching that occurred with judicial patriarchy, the courts did
become empowered to represent the best interest of the child, at least as deter-
mined by older, conservative, wealthy, white men. This was a fundamentally
different approach compared to the New York animal protection law (and the
states which used it as a model for their own statutes). Animal protection laws,
although clearly influenced by concern for the suffering of animals, remained
hampered by their inability to intervene before a crime was committed and an
animal had suffered. The focus of animal protection was on punishing offenders
after the fact, and hoping this would serve as a deterrent.
It appears that following significant progress in the late 19th and early 20th cen-
turies, formal animal protection activities in the United States were largely set
aside in the period dominated by two world wars and the Great Depression. The
loss of the horse as a highly visible victim of abuse and the growing burden of
animal control also helped to deflect the movement’s focus on broader animal
protection issues (Steve Zawistowski, Personal Communication, September 2,
2014). However, when animal protection efforts resumed after World War II,
they grew to a scale that could not have been anticipated.
Numerous authors have noted how one of the social changes that forever altered
our sensibilities towards animals was the dramatic demographic shift that moved
the United States away from its agrarian roots (see Environmental Protection
Agency, 2013). The rise of industrial agriculture, loss of family farms, and move-
ment of young families to the suburbs all helped shift relationships with animals
towards pets living in the home rather than with farm animals or wildlife. Images
of Lassie, Old Yeller, and Bambi in books and movies depicted animals as having
personalities and/or having close bonds with people (Steve Zawistowski, Personal
Communication, September 2, 2014). The rise of the pet as family member was
underscored by seminal academic books published during the 1980s and 1990s
which firmly established the legitimacy of studying our relationship to animals
as a scholarly endeavor (e.g., Beck & Katcher, 1996; Katcher & Beck, 1983; Serpell,
1996). Academic centers devoted to these issues were established at major uni-
versities (e.g., Center for the Interaction of Animals and Society at the University
of Pennsylvania, The Center for Animals and Public Policy at Tufts University,
The Center for the Human-Animal Bond at Purdue University, to name a few).
National bioethics centers such as the The Hastings Center began to regularly
include animal issues in their publications and discussions. During this time, as
Jasper and Nelkin noted (1992), membership in animal welfare/protection/rights
organizations soared into the millions. Concern for animals because of who they
are, rather than who owned them, was clearly entering the mainstream.
Perhaps nowhere are these societal changes reflected more than in the pro-
fession of veterinary medicine. Formerly almost exclusively male and devoted
to caring for agricultural animals, the profession has undergone seismic
Animal Maltreatment as a Social Problem17
The Animal Welfare Act, signed into law on August 24, 1966 by President
Lyndon Johnson, initially only regulated animal dealers and the laboratories
who bought from them. However, the legacy of that law however has extended
far beyond the pet theft issue. Today, the so-called “Class B” dealers, whose
misdeeds prompted the original AWA, have largely faded from view, with less
than a dozen still providing random source dogs and cats for research (National
Research Council, 2009a). The AWA has since been amended at least five times to
provide incrementally greater protections for animals actually used in research.
These amendments transformed the biomedical research industry in ways that
could never have been imagined in 1966 (Adams & Larson, 2007; Carbone,
2004). Changes include regulatory mandates to attend to psychosocial aspects of
animal well-being, such as providing exercise for dogs and psychological enrich-
ment for primates (Carbone, 2004). Perhaps ironically, the AWA otherwise failed
to regulate the treatment of animals beyond the walls of research institutions,
leaving state cruelty statutes still the primary laws affecting the treatment and
care of pets in the community. It should also be noted that biomedical research
is exempted in all state animal cruelty statutes.
E VO LU T I O N O F 21ST- C EN T U RY C O N C ER N:
T H E PR EEM I N EN C E O F S EN T I EN C E
The re-emergence of concern for animal welfare that emerged post–World War
II and that facilitated passage of the AWA coincided with a considerable amount
of civil unrest and intellectual ferment over numerous other issues occurring
in the 1960s and 1970s (e.g., the Vietnam War, civil rights, the environment,
women’s rights, gay rights, rights of the disabled) (Jasper & Nelkin, 1992; Rollin,
2011). This was a fertile climate for renewed efforts on behalf of animals. Jasper
and Nelkin (1992), in their comprehensive history of the growth of the animal
rights movement in the United States during the final quarter of the 20th cen-
tury, make it quite clear that the driving moral force behind the enactment of
new laws and regulations was an appreciation of sentience and respect for the
interest of the animals themselves (Silverman, 2008).
One of the most telling indicators of the recognition of animal sentience and
the importance of addressing animal’s interests is the growth of animal law as
a profession, (Gilette & Tischler, 2006). Over 70 law schools in the United States
now offer classes in animal law, and there are three law reviews devoted to ani-
mal law issues (Gilette & Tischler, 2006). These, along with an ever-growing
number of bar associations and attorneys groups, law student groups, animal
law conferences, and books by eminent scholars, all collectively point to a main-
streaming of animal law within the legal profession. Even a cursory inspection
of the content of these scholarly and professional activities indicates an over-
whelming concern for protection of the interests of animals themselves. When
considering how to assess animals’ interests, two concepts fundamental to the
Animal Maltreatment as a Social Problem19
Avoidance of Pain
As we have seen, the issue of pain was present in the earliest discussions of ani-
mal maltreatment, but the role it played has changed over time. Turner (1980)
emphasizes how sympathy for pain and suffering in England during the 19th
century tended to “accent sympathy rather than the suffering,” apparently
a nod to the moral virtues accruing to the sympathizer. There was a subtle
but important shift in tone in the Reverend Dr. Humphrey Primatt’s book, A
Dissertation on the Duty of Mercy and Sin of Cruelty to Brute Animals, which
may have represented the first book-length discussion of humane treatment
of animals (Turner, 1980). According to Turner (1980, p. 11), Primatt was one
of the first who “shifted his gaze from the pitying subject to the pitiful object.”
Turner (1980, p. 14) cautions against overstating the meaning of this adjust-
ment, given the status of animals in those times, when animals merely “nib-
bled at the leavings of eighteenth-century humanitarianism.” Nevertheless, he
does emphasize how this shift would loom much larger in shaping attitudes
towards pain and suffering in the next century.
From the scientific standpoint today, this shift has been completed. Enabled
by unequivocal evidence of similarities in neuroanatomy and neurophysiology
across many species (discussed in more detail in Chapter 7), pain is now a central
focus in discussions of animal welfare. For example, as Rollin reports, prior to
his testimony before Congress in 1982, a search of the scientific literature turned
up only two papers on analgesia for laboratory animals, and one of those was a
paper lamenting the lack of literature on the topic (Rollin, 2011). By comparison,
at the time of publication of his 2009 report, over 11,000 papers were retrieved on
the subject of pain [Rollin, 2011]. In community veterinary practice, administra-
tion of analgesics after surgical procedures was uncommon if not even rare even
enterring the last quarter of the 20th century. Today, routine pain management
has become the standard of care for people’s pets.
For laboratory animals, Carbone (2004) discusses a similar shift in atti-
tudes towards pain and suffering. Previously, pain was treated only when it was
unequivocally diagnosed, whereas today analgesia is withheld only when certain
that it would interfere with the experimental procedure and no alternatives are
available. In the United States, research institutions that receive funds from the
United States Public Health Service (the vast majority of academic biomedical
research) must now comply with guidelines to avoid or minimize discomfort,
distress and pain in research animals (Carbone, 2004; 2012). Under the AWA
(policy 11), any procedure that would be deemed painful for a person should
be considered painful to a research animal (National Research Council, 2009b).
Indeed, the physiology and felt experience of pain is believed to be so universal
20 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
that animal models are used to study pain and develop analgesics for human use
(see Chapter 7 for a more detailed discussion) (Mogil et al., 2010).
Fulfillment of Animals’ Telos
• Freedom from Hunger and Thirst—by ready access to fresh water and a
diet to maintain full health and vigor.
• Freedom from Discomfort—by providing an appropriate environment
including shelter and a comfortable resting area.
• Freedom from Pain, Injury or Disease—by prevention or rapid diagno-
sis and treatment.
• Freedom to Express Normal Behavior—by providing sufficient space,
proper facilities, and company of the animal’s own kind.
• Freedom from Fear and Distress—by ensuring conditions and treat-
ment which avoid mental suffering.
Animal Maltreatment as a Social Problem21
EPI D EM I O LO GY O F A N I M A L M A LT R E AT M EN T
prosecuted. Originally confined to the US, the AARDS has recently expanded to
include cases from the UK, New Zealand, Australia and Spain. As of August 26,
2014, the U.S. case breakdown (n = 17,267) in the AARDS database is shown in
Table 1.1.
As Table 1.1 suggests, the categories of offenses in the AARDS lean toward
nuanced descriptive characterizations (e.g., choking, drowning, burning, hang-
ing) of acts, which may not correlate with the terminology of maltreatment as
actually used in statutes. The data do, however, paint a sobering picture of the
range of acts committed against animals, and also provide a window to how
serious cases are handled by authorities. Furthermore, the large volume of data
allows stratification of cases by a host of factors (e.g., species of animal, type of
maltreatment, gender and age of offender, prosecution status, region of the coun-
try) and thus can allow exploration of the relationship between type of maltreat-
ment and other factors. It is quite likely that the case listings are not complete,
and although it is possible the data may well be representative of features of more
serious offenses, that has not yet been established.
On a statewide level, data have been published for one agency (the MSPCA)
with enforcement powers throughout Massachusetts (Arluke & Luke, 1997).
With respect to relative frequency, the majority (57.8%) of cases involved dogs,
with cases involving cats occurring at about half that frequency (26.9%), with
beating, shooting, stabbing, or throwing being the methods used in 75% of the
cases. Informal conversations with humane investigators in other parts of the
country suggest that the findings are fairly typical, and the data for dogs are also
in line with the proportions derived from the AARDS (~61% of cases).
With respect to overall frequency, the results from the Massachusetts study
indicated there were approximately 80,000 complaints in the period from 1975
to 1996, 268 (0.3%) of which were prosecuted (Arluke & Luke, 1997). The human
population during that period was roughly 6 million people; however, deter-
mining absolute frequency is more problematic since another statewide agency
in Massachusetts as well as numerous municipal animal control departments
also receive animal maltreatment complaints. By comparison, the data from the
United Kingdom appear to be more representative, since enforcement appears
to be concentrated within a single agency, the RSPCA (also a non-governmental
agency) (Hughes & Lawson, 2011). In 2009, the RSPCA received 1.3 million calls,
generating 141,000 investigated complaints and 2,500 convictions (<0.2%) from
a population of about 60 million people. Without more information about how
calls are logged and complaints identified or classified, it is hard to know what
to make of the large disparity in complaints per person logged by the two orga-
nizations. What does appear consistent is the comparatively small proportion of
complaints that result in prosecution.
The small number of convictions or prosecutions relative to the volume of
complaints received by agencies may appear worrisome. Indeed, this type of
complaint-to-prosecution ratio has been used to support the notion that animal
maltreatment is not taken seriously by authorities (Rackstraw, 2003]. However,
the situation is not so simply characterized, and although there are certainly
ample reports of animal maltreatment not being pursued aggressively by author-
ities, these numbers cannot be used per se to support that contention. By way of
explanation, when complaints are received by humane agencies, they constitute
a heterogeneous collection of issues and concerns that may or may not reflect
an actual crime under the law. Complaints may also be made over issues that
are beyond the scope of animal maltreatment laws, reflecting annoyance over
barking dogs and stray cats, as well as neighborhood disputes (Arluke, 2004).
Many other complaints will be deemed unfounded or unactionable due to lack of
evidence, inability to identify or locate the animal, lack of timeliness of informa-
tion, anonymity or lack of credibility of the complainant, lack of relevance of the
complaint under the law, or the complaint being outside of the agency’s jurisdic-
tion. As described in the next section, agencies and/or prosecutors will also make
a reasoned decision about which cases merit prosecution and which should be
resolved with other approaches.
Another way to study the epidemiology of animal maltreatment is via its con-
nection to a larger pattern of violence in society. Indeed, a body of literature
Animal Maltreatment as a Social Problem25
EN FO R C EM EN T I S S U ES
D EFI N I N G T ER M S A N D C O N C EP TS
I N A N I M A L M A LT R E AT M EN T
Box 1.1
Prohibited actions that may be specified in state statutes
concerning animal maltreatment
Abuse
Cruelty
Mistreatment
Neglect
Cruel mistreatment
Cruel neglect
Torture
Killing
Abandoning
Injuring
Endangering
Causing suffering
Causing disability
Mutilating
Overworking
Overloading
Overdriving
Tormenting
Sexual acts/bestiality
Poisoning
Carrying (transporting) in a cruel manner
Fighting
Failing to provide [deprived of] necessary sustenance or veterinary care
Failing to restrain an animal from injuring itself or another
Adapted from Otto, 2010.
depravity of mind AND reckless AND wanton disregard of life” vs. maliciously
“means intentionally acting with a depravity of mind OR reckless AND wanton
disregard for life” [Otto, 2010]).
The apparent attention to the mindset of the offender in much of the lan-
guage of animal maltreatment is understandable, given the historical links
of animal maltreatment with crimes considered expressions of moral vice, or
with more recent recognition that deliberate maltreatment of animals may
be a broader manifestation of violence in human society. Of course, from
the perspective of the animals who suffered and/or died as the result of mal-
treatment, the mindset of the perpetrator makes little difference. Mindset
may, however, be highly relevant when considering sentencing; disposition
of currently owned animals; imposition of restrictions on future ownership
or supervision of animal care to ensure the safety of animals, human family
members, or people in the community; or to answer other questions posed by
the court.
Harm
We conceptualize harm to animals with respect to three factors: extent, sever-
ity, and duration. These categories, along with suggested metrics, are presented
in Table 1.2. This three-pronged approach allows harm to be characterized
along the entire spectrum, without the limitations of ambiguous or conflict-
ing terminology or entanglement with human motivation. Thus, having fewer
animals or fewer sites of injury on the body, less severe/painful injuries, and
shorter duration of pain and suffering would be consistent with lesser degree of
maltreatment, whereas having many animals involved or multiple areas of the
body injured, more severe or painful injuries, and pain inflicted or suffering
Animal Maltreatment as a Social Problem31
*The Five Freedoms are a series of quality of life indicators for animals described
elsewhere in this chapter. See Lockwood (2003) for a more extensive listing. Assessing
severity of injury is described more fully in Chapter 7. The metrics should be used in
conjunction with good clinical judgment. For example, having only one body part
involved in the maltreatment could well indicate significant harm if the injury was
severe.
Mindset
For purposes of considering the mindset of the human who is responsible for
harm when it occurs, the following three factors are important: intentionality,
pattern, and insight (Table 1.3). Each of these is relevant to any type of harm, as
well as to an offender’s suitability or capacity to own and provide adequate care
for animals (either the animals involved in the incident triggering an evalua-
tion or animals potentially under care or control of the offender in the future).
They are also in line with Lockwood’s more extensive list of 33 aggravating
conditions that he suggests may be indicators of further dangerousness, partic-
ularly when multiple conditions are present (Lockwood, 2003). These include
factors such as number and vulnerability of the victims, degree of planning or
premeditation, use of fire, need to overcome obstacles to inflict the harm, pos-
ing or display of the victim, multiple forms of injury to an individual victim,
victim bound or incapacitated to facilitate the abuse, and so on. Again, these
remain to be validated, and some may be difficult to operationalize from a
forensic evaluator’s perspective.
32 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
Animals and Owners
We acknowledge that animals are sentient beings and that humans are members
of the animal kingdom, and that both human and non-human animals may be
included under the umbrella of the term “animal” depending on the perspective
of the reader. For brevity, throughout this book we will use the term “animal” to
mean “non-human animals.”
We use the term “owner” in a generic sense to denote any individual who has
custody, control over, and/or responsibility for the care and well-being of animal(s).
We appreciate that the term “guardian” has been proposed in several localities and
enacted in the state of Rhode Island as a replacement for the term “owner” in order
to emphasize the special obligation humans have towards animals despite their legal
status as property and as an acknowledgment that animals are sentient, dependent
beings rather than inanimate objects. However, we use the term “owner” in this
book in order to be consistent with most statutory language.
Animal Maltreatment
In this text, when the term “animal maltreatment” is used, it is intended to encom-
pass any type of cruelty, abuse, torture, abandonment, or neglect, regardless of
Animal Maltreatment as a Social Problem33
the degree of underlying motivation or intent (or lack thereof) on the part of
the offender. This is consistent with the broadening of the term “child abuse” to
“child maltreatment” (Leventhal & Krugman, 2012). We feel this global term is
advantageous because it does not appear to be as burdened by inconsistent or
conflicting usage as are these other terms. It also allows us to discuss animal
maltreatment without being encumbered by differences in the statutory defini-
tion, or lack of definition, of a particular term across 50 different states in the
United States.
C O N C LU S I O N
This chapter has discussed the evolution of social concern for animals in Western
society, and has described seminal events and social conditions that collided
to influence modern sensibilities towards the treatment of animals. Although
efforts to protect the interests of animals themselves have been at times painfully
slow, iterative, inconsistent, and put forth with mixed motives, I believe that the
historical record is unambiguous in the progression, independent of any rela-
tionship with or value of animals to people, over time. As Webster (2005, p. 2)
34 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
has noted, “For most people, animal welfare is an expression of moral concern.
It arises from the belief that animals have feelings that matter to them, which
means that they should matter to us too.” If one agrees with the assumption that
legislation is a barometer of public concern on an issue, it seems self-evident that
society as a whole is aligned with Webster’s assertion. As Rollin (2007) describes,
as little as 30 years ago, there were few if any federal bills pertaining to ani-
mal welfare, but more recently at least 50 bills per year are introduced in the
U.S. Congress. In addition, over 2,000 bills were introduced in state legislatures
in 2004.
It is not surprising that social consensus about animal maltreatment may at
times appear to be ahead of the law. One reason for this discrepancy is that many
state statutes still retain antiquated 19th-century language. Statutes are often
amended iteratively, rather than completely rewritten, so it is possible to have
language spanning more than a century of lawmaking in different sections of the
same statute. Furthermore, important terms may be inconsistently defined and/
or overlapping, thus requiring interpretation during judicial proceedings. Other
terms, such prohibiting “unnecessary suffering,” may be deliberately vague. An
advantage of this ambiguity in terminology is it leaves open the possibility for
legal interpretations that are grounded in current science and modern notions
of our responsibility towards animals, their care, and their capacity for suffer-
ing. It is these notions that should guide forensic examiners in their assessment
of offenders. This will help ensure that the implicit societal intent underlying
animal maltreatment statutes and the social and moral status of animals are
accounted for in the forensic assessment process. The criminal justice process,
society, and the animals will be better served as a result.
R EFER EN C ES
Adams, B., & Larson, J. (2007). Legislative history of the animal welfare act. USDA
Animal Welfare Information Center. Retrieved from: http://www.nal.usda.gov/
awic/pubs/AWA2007/intro.shtml
Addington, L. A., & Randour, M. L. (2012). Animal cruelty crime statistics: Findings
from a survey of state uniform crime reporting programs. Washington, DC: Animal
Welfare Institute. Retrieved from: https://awionline.org/content/fbi-crime-report-
making-animal-cruelty-offenses-count
Anonymous (1966, February 4). Concentration camp for dogs. Life, 60, 22–29.
Appleby, M. C., Mench, J. A., Olsson, A. S., Hughes, B. O. (Eds). (2011). Animal Welfare,
Second edition. Cambridge, MA:CABI.
Arkow, P., & Lockwood, R. (2013). Definitions of animal cruelty, abuse, and neglect. In
M. P. Brewster & C. L. Reyes (Eds.), Animal Cruelty: A Multidisciplinary Approach
to Understanding (pp. 3–23). Durham, NC: Carolina Academic Press.
Arluke, A. (2004). Brute Force. West Lafayette, IN: Purdue University Press.
Arluke, A., & Luke, C. (1997). Physical cruelty towards animals in Massachusetts,
1975–1996. Society & Animals, 5, 195–204.
Animal Maltreatment as a Social Problem35
Ascione, F. R., & Shapiro, K. (2009). People and animals, kindness and cruelty: Research
directions and policy implications. Journal of Social Issues, 65, 569–587.
Ascione, F. R. (1993). Children who are cruel to animals: A review of research and
implications for developmental psychopathology. Anthrozoos, 6, 226–247.
American Veterinary Medical Association (AVMA). (2013). Reporting requirements
for animal abuse. Retrieved from https://www.avma.org/Advocacy/StateAndLocal/
Pages/sr-animal-abuse-reporting-requirements.aspx
Baars, B. J. (2005). Subjective experience is probably not limited to humans: Evidence
from neurobiology and behavior. Consciousness and Cognition, 14, 7–21.
Beck, A., & Katcher, A. (1996). Between Pets and People: The Importance of Animal
Companionship. West Lafayette, IN: Purdue University Press.
Bentham, J. (2007). Principles of morals and legislation. Reproduced in L. Kalof &
A. Fitzgerald (Eds.), The Animals Reader. The Essential Classic and Contemporary
Writings (pp. 8–9). New York: Berg.
Bernstein, M., & Wolf, B. M. (2005). Time to feed the evidence: What to do with seized
animals. Environmental Law Reporter, 35, 10679–10689. Retrieved from http://elr.
info/sites/default/files/articles/35.10679.pdf
Berry, C., Patronek, G. J., & Lockwood, R. (2005). Animal hoarding: A study of 56 case
outcomes. Animal Law, 11, 167–194.
Brambell Committee. (1965). Report of the Technical Committee to Enquire into the
Welfare of Animals Kept under Intensive Livestock Husbandry Systems, the Brambell
Report. London, UK: HMSO.
Carbone, L. (2004). What Animals Want: Expertise and Advocacy in Laboratory
Animal Welfare Policy. New York: Oxford University Press.
Carbone, L. (2012). Pain management standards in the Eight Edition of the Guide for
the Care and Use of Laboratory Animals. Journal of the American Association for
Laboratory Animal Science, 51, 322–328.
Carson, G. (1972). Men, Beasts, and Gods: A History of Cruelty and Kindness to Animals.
New York: Charles Scribner’s Sons.
Cooper, J. E., & Cooper, M. E. (2007). Introduction to Veterinary and Comparative
Forensic Medicine. Oxford, UK: Blackwell Publishing.
Cooper, J. E., & Cooper, M. E. (2013). Wildlife Forensic Investigation: Principles and
Practice. Boca Raton, FL: CRC Press.
Costin, L. B. (1991). Unraveling the Mary Ellen legend: Origins of the “cruelty” move-
ment. Social Service Review, 65, 203–223. Retrieved from http://www.jstor.org/dis
cover/10.2307/30012142?uid=3739800&uid=2129&uid=2&uid=70&uid=4&uid=373
9256&sid=21104081671531
Dawkins, M. S., & Bonney, R. (2008). The Future of Animal Farming: Renewing the
Ancient Contract. Oxford: Blackwell Publishing.
DeCoux, E. L. (2006/2007). Pretenders to the throne: A first amendment analysis of
the property status of animals. Fordham Environmental Law Review, 18, 185–230.
Descartes, R. (2007). From the letters of 1646 and 1649. Reproduced in: L. Kalof &
A. Fitzgerald (Eds.), The Animals Reader: The Essential Classic and Contemporary
Writings (pp. 59–62). New York: Berg.
Dicter, A. (1978). Legal definitions of cruelty and animal rights. Boston College
Environmental Affairs Law Review, 7, 147–164. Retrieved from http://lawdigitalcom-
mons.bc.edu/ealr/vol7/iss1/8
36 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
Leventhal, J. M., & Krugman, R. D. (2012). “The Battered-Child Syndrome” 50 years
later: Much accomplished, much left to do. Journal of the American Medical
Association, 308, 35–36.
Livingston, M. (2001). Desecrating the ark: Animal abuse and the law’s role in pre-
vention. Iowa Law Review, 87, 7–72. Animal Legal and Historical Center. Retrieved
from http://www.animallaw.info/articles/arus87iowalrev1.htm
Lockwood, R. (2003). Factors in the assessment of dangerousness in perpetrators of
animal cruelty. Retrieved from http://www.pet-abuse.com/pages/abuse_connec-
tion/risk_assessment.php
Lockwood, R. (2006). Animal cruelty prosecution: Opportunities for early response to
crime and interpersonal violence. Alexandria, VA: American Prosecutors Research
Institute. Retrieved from http://www.ndaa.org/pdf/animal_cruelty_06.pdf
Lofstedt, J. (2003). Gender and veterinary medicine. Canadian Veterinary Journal, 44,
533–535.
McMillan, F. D. with Lance, K. (2004). Unlocking the Animal Mind: how your pet’s feel-
ings hold the key to his health and happiness. New York, NY: Rodale.
Merck, M. (2013). Veterinary Forensics: Animal Cruelty Investigations (2nd edition).
Ames, IA: Wiley-Blackwell.
Mogil, J. S., Davis, K. D., & Derbyshire, S. W. (2010). The necessity of animal models in
pain research. Pain, 151, 12–17.
Moore, A. (2005). Defining animals as crime victims. Journal of Animal Law, 1, 91–108.
Retrieved from: http://www.animallaw.info/journals/jo_pdf/jouranimallawvol1_
p91.pdf
Munro, R., & Munro, H. M. C. (2008). Animal Abuse and Unlawful Killing: Forensic
Veterinary Pathology. New York: Elsevier Saunders.
Munro, H. M. C., & Thrusfield, M. V. (2001a). ‘Battered pets’: Features which raise
suspicion of non-accidental injury. Journal of Small Animal Practice, 42, 218–226.
Munro, H. M. C., & Thrusfield, M. V. (2001b). ‘Battered pets’: Non-accidental physical
injuries found in dogs and cats. Journal of Small Animal Practice, 42, 279–290.
Munro, H. M. C., & Thrusfield, M. V. (2001c). ‘Battered pets’: Sexual abuse. Journal of
Small Animal Practice, 42, 333–337.
Munro, H. M. C., & Thrusfield, M. V. (2001d). ‘Battered pets’: Munchausen syndrome
by proxy (factitious illness by proxy). Journal of Small Animal Practice, 42, 385–389.
Munro, R., & Munro, H. M. (2013). Some challenges in forensic veterinary pathol-
ogy: A review. Journal of Comparative Pathology, 149, 57–73.
National Research Council. (2009a). Scientific and Humane Issues in the Use of Random
Source Dogs and Cats in Research. Washington, D.C: The National Academies Press.
Retrieved from http://www.ncbi.nlm.nih.gov/books/NBK32671/pdf/TOC.pdf
National Research Council, Committee on Recognition and Alleviation of Pain in
Laboratory Animals. (2009b). Recognition and Alleviation of Pain in Laboratory
Animals. Washington, DC: The National Academies Press. Retrieved from: http://
www.ncbi.nlm.nih.gov/books/NBK32658/
National Link Coalition (2013). ASPCA, NYPD to Protect and Serve New York
City’s Animals. Retrieved from http://nationallinkcoalition.org/wp-content/
uploads/2013/09/LinkLetter-2013-September.pdf
Newbury, S., Blinn, M. K., Bushby, P. A., Cox, C. B., Dinnage, J. D., Griffin, B., Hurley
K. F., Isaza, N., Jones, W., Miller, L., O’Quin, J., Patronek, G. J., Smith-Blackmore, M., &
38 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
Spindel, M. (2010). Guidelines for standards of care in animal shelters. Retrieved from
http://www.sheltervet.org/assets/docs/shelter-standards-oct2011-wforward.pdf
Otto, S. K. (2010). Animal Protection Laws of the United States of America and Canada.
Portland, OR: Animal Legal Defense Fund.
Panksepp, J. (2005). Affective consciousness: Core emotional feelings in animals and
humans. Conciousness and Cognition, 14, 30–80.
Panksepp, J. (2011). The basic emotional circuits of mammalian brains: Do animals
have affective lives? Neuroscience and Behavioural Reviews, 35, 1791–1804.
Patterson-Kane, E. G., & Piper, H. (2009). Animal abuse as a sentinel for human vio-
lence: A critique. Journal of Social Issues, 65, 589–614.
Phillips, A. (2011). The NEW National Center for prosecution of animal abuse. Tales
of Justice, 1, 1–2. Retrieved from http://www.ndaa.org/pdf/Tales_of_Justice_final_
NDAA.pdf
Pierce, C. A. (2011). Detailed Discussion of Humane Societies and Enforcement Powers.
Animal Legal and Historical Center: Michigan State University College of Law.
Retrieved from: http://www.animallaw.info/articles/ddushumanesociety.htm
Rollin, B. E. (2007). Cultural variation, animal welfare, and telos. Animal Welfare, 16,
129–133.
Rollin, B. E. (2011). Animal rights as a mainstream phenomenon. Animals, 1, 102–115.
Rowan, A. N. (1993). Cruelty to animals. Anthrozoos, 6, 218–219.
Scott, E. M., Nolan, A. M., Reid, J., & Wiseman-Orr, M. L. (2007). Can we really mea-
sure animal quality of life? Methodologies for measuring quality of life in people
and other animals. Animal Welfare, 16, 17–24.
Serafino, L. (2012). No walk in the dog park: Drafting animal cruelty stat-
utes to resolve double jeopardy concerns and eliminate unfettered prosecuto-
rial discretion. Tennessee Law Review, 78, Pepperdine University Legal Studies
Research Paper No. 2012/13. Retrieved from http://papers.ssrn.com/sol3/papers.
cfm?abstract_id=2040975
Serpell, J. (1996). In the Company of Animals: A Study of Human-Animal Relationships.
New York: Cambridge University Press.
Serpell, J. A. (2009). Having our dogs and eating them too: Why animals are a social
issue. Journal of Social Issues, 65, 633–644.
Shelman, E. A., & Lazoritz, S. (2005). The Mary Ellen Wilson Child Abuse Case
and the Beginning of Children’s Rights in 19th Century America. Jefferson,
NC: McFarland.
Silverman, J. (2008). Sentience and sensation. Lab Animal, 37, 465–467.
Sinclair, L., Merck, M., & Lockwood, R. (2006). Forensic Evaluation of Animal
Cruelty: A Guide for Veterinary and Law Enforcement Professionals. Washington,
DC: Humane Society Press.
Solot, D. (1997). Untangling the animal abuse web. Society and Animals, 5, 257–265.
Taylor, K. D., & Mills, D. S. (2007). Is quality of life a useful concept for companion
animals? Animal Welfare, 16, 55–65.
Tong, L. J. (2014). Fracture characteristics to distinguish between accidental injury and
non-accidental injury in dogs. The Veterinary Journal, 199, 392–398.
Turner, J. (1980). Reckoning with the beast: Animals, Pain and Humanity in the
Victorian Mind. Baltimore, MD: Johns Hopkins University Press.
Animal Maltreatment as a Social Problem39
Van de Weerd, H., & Sandilands, V. (2008). Bringing the issue of animal welfare to
the public: A biography of Ruth Harrison (1920–2000). Applied Animal Behaviour
Science, 113, 404–410.
Vaughn, M.G., Fu, Q., DeLisi, M., Beaver, K. M., Perron, B. E., Terrell, K., & Howard,
M. O. (2009). Correlates of cruelty to animals in the United States: results from
the National Epidemiologic Survey on Alcohol and Related Conditions. Journal of
Psychiatric Research, 43, 1213–1218.
Vermeulen, H., & Odendaal, J. S. J. (1993). Proposed typology of companion animal
abuse. Anthrozoos, 6, 248–257.
Webster, J. (2005). Animal Welfare Limping towards Eden: A Practical Approach to
Redressing the Problem of Our Dominion over the Animals. Ames, IA: Blackwell
Publishing.
Whay, H. R. (2009). Book reviews: M. S. Dawkins, R. Bonney, The future of animal
farming: Renewing the ancient contract. Applied Animal Behaviour Science, 120,
119–122.
Zilney, L. A., & Zilney, M. (2005). Reunification of child and animal welfare
agencies: Cross reporting of abuse in Wellington County, Ohio. Child Welfare,
84, 47–66.
Zawistowski, S. (2014). Personal communication, September 2.
2
The legal system is well-equipped to protect the rights of people who find them-
selves aggrieved by the criminal actions of others. It adapts and changes in order
to assure victims of crime have a voice in a court of law. Thirty years ago, the
Victims’ Crime Act was passed to protect the rights of crime victims as long as
they were of the human race. In contrast, the legal system is not yet equipped to
deal with crime victims who are not human.
This chapter addresses how animals are viewed in the legal system and how
perpetrators of animal maltreatment are dealt with throughout the United States.
We first discuss animals as property, as evidence, and as victims of crime. We
then describe the characteristics of statutes pertaining to animal maltreatment.
Within this context the chapter offers discussions of how “animal” is defined in
the law, how statutes vary in their definitions of maltreatment, and how animal
maltreatment sometimes becomes intertwined with domestic violence laws.
A N I M A LS AS PR O PERT Y, E V I D EN C E,
A N D V I CT I M S O F C R I M E
The value placed on wildlife varies in each state. For example, Chapter 1501:13–16
under the Ohio Administrative Code assesses a scoring value of zero through
three in seven different criteria. The criteria range from the recreational enjoy-
ment a species provides, the endangered status of a species, and the educational
use provided by a species. Total scores determine the value of an animal with a
score of zero through three having a value of $20.00, and a score of 20.1 or higher
is valued at $2,500.00. Most states also use some system to assess fines for over-
fishing in order to preserve supplies.
This classification as “personal property” deprives pet caretakers and fam-
ily members from seeking protections for harmed animals. Restitution is often
a remedy sought by prosecutors in animal maltreatment cases. Unfortunately,
courts often assign inadequate monetary compensation for injured animals.
What is considered a fair market assessment of a companion animal’s worth is
often inadequate to compensate a pet owner for the losses incurred as a result of
death or injury.
The interrelationship of the criminal and civil systems in animal maltreat-
ment cases was recognized by Rebecca Huss in her 2008 essay on the Michael
Vick case (Huss, 2008). As part of the plea deal with the federal authorities, NFL
football player and admitted dogfighter Michael Vick was ordered to pay the
costs associated with the disposition of the dogs in the civil action. The costs
of the restitution included, but were not limited to, “all costs associated with
the care of the dogs involved, including if necessary, the long-term care and/or
the humane euthanasia of some or all of those animals” (U.S. v. Michael Vick,
2007, p. 4). It should be noted that Vick’s was a very high-profile case in which
42 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
the defendant had substantial means. This kind of restitution is not typical is
most cases.
The classification of animals as property creates problems for the court sys-
tem and the animals leading up to a trial. In criminal cases, it can mean that
the animals will be maintained as evidence until a criminal trial has concluded.
This is costly and can create a logistical nightmare for the state. The animals are
the best evidence of the criminal actions of the perpetrator. However, housing
in overcrowded animal shelters can cause extreme stress to already mistreated
animals. For example, researchers from The University of Bristol in the United
Kingdom recently studied the effects of kenneling on dogs. They found most
dogs suffered severe stress if not temporary mental illness from being kenneled
(Denham, Bradshaw, & Rooney, 2014). Saving a dog from an abuser may actually
have a negative impact on the animal if it means spending weeks if not months
or even years in a county shelter. Recognizing the hardship placed upon animals
taken into custody, some jurisdictions have started to engage in foster placement
relationships with local animal advocacy groups (Ellison, 2013). Authorities in
Prince William County, Virginia, seized 57 animals including livestock, dogs,
and poultry in a pending animal cruelty criminal case. They partnered with
local sanctuaries such as the Humane Society of Fairfax County to care for the
animals during the pendency of the criminal case. Recognizing the limits of the
criminal justice system and partnering with those who work with abused ani-
mals is one step toward helping the victims of animal maltreatment.
Not unlike a termination of parental rights civil hearing that often accom-
panies a criminal case of abuse and neglect of a minor, many states allow for a
civil procedure of ownership forfeiture to accompany a criminal case of animal
maltreatment. For example, § 3.2-6569 of the Code of Virginia titled “Seizure
and impoundment of animals; notice and hearing; disposition of animal; dispo-
sition of proceeds upon sale” requires a civil hearing within 10 days of the sei-
zure to determine whether the animal has been abandoned, cruelly treated, not
provided adequate care, or used/intended for use in dogfighting. The standard
of proof for this hearing is the same standard of proof required in a criminal
case and thus much higher than the usual civil case: the Commonwealth must
prove its case beyond a reasonable doubt. This hearing allows a government to
permanently seize animals by terminating the owner’s rights. Again, the con-
certed efforts of the criminal system and the civil system work to safeguard the
animals. However, these statutes can be difficult to apply, and proceedings can
be protracted.
Just as children are appointed guardians ad litem in criminal justice settings,
the federal government allowed for the appointment of a special master during
the Michael Vick case to assist in the placement and care for the needs of the
animals seized during that criminal case. A civil hearing on the forfeiture of the
animals or appointment of a special master or foster placement with oversight is
an essential step in protecting animal victims. Yet this is far from routine prac-
tice. The use of a special master has not penetrated to any degree in other kinds
of cruelty cases, despite the potential utility and merit (Huss, 2008).
Law and Animal Maltreatment43
Seeking restitution from the defendant for the expenses incurred by a locality
during a case of animal maltreatment is a common disposition. It can be made
a condition of a defendant’s suspended sentence and probation. Some states
have begun to reflect the changes in attitudes towards animals by increasing
damages for injuries sustained as a result of animal cruelty (Virginia Code
Section 3.2-6569). Illinois enacted a law allowing for enhanced civil damages
in 2002. Pursuant to 510 ILCS 70/16.3: Civil actions, any person who has a
right of ownership in an animal that is subjected to an act of aggravated cru-
elty under Section 3.02 or torture under Section 3.03 in violation of this Act,
or in an animal that is injured or killed as a result of actions taken by a person
who acts in bad faith under subsection (b) of Section 3.06 or under Section 12
of this Act, may bring a civil action to recover the damages sustained by that
owner. Damages may include, but are not limited to, the monetary value of
the animal, veterinary expenses incurred on behalf of the animal, any other
expenses incurred by the owner in rectifying the effects of the cruelty, pain,
and suffering of the animal, and emotional distress suffered by the owner. In
addition to damages that may be proven, the owner is also entitled to punitive
or exemplary damages of not less than $500 but not more than $25,000 for
each act of abuse or neglect to which the animal was subjected. In addition,
the court must award reasonable attorneys’ fees and costs actually incurred by
the owner in the prosecution of any action under this Section. The remedies
provided in this Section are in addition to other remedies allowed by law. In
an action under this Section, the court may enter any injunctive orders reason-
ably necessary to protect animals from any further acts of abuse, neglect, or
harassment by a defendant. The statute of limitations for a violation of this Act
is two years (Source: P.A. 95-868, eff. 8-20-08). Connecticut, Rhode Island,
New Jersey, Michigan, Oregon, California, and New York are among the states
that have considered or implemented initiatives to allow for enhanced dam-
ages (Tirrell & Wilson, 2005).
One of the largest hurdles facing animal maltreatment laws throughout the states
is a lack of uniformity in its definition of “animal.” The term “animal” exists
in the basic vocabulary of most children. Animals are easily and readily iden-
tifiable to children as any visible moving creature excluding plants. Webster’s
Dictionary defines animals as “any of a kingdom (Animalia) of living things
including many-celled organisms and often many of the single-celled ones (as
protozoans) that typically differ from plants in having cells without cellulose
walls, in lacking chlorophyll and the capacity for photosynthesis, in requiring
more complex food materials (as proteins), in being organized to a greater degree
of complexity, and in having the capacity for spontaneous movement and rapid
motor responses to stimulation” (Merriam-Webster, n.d.). The term “animal”
derives from the taxonomic division known as the animal kingdom.
44 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
The animal kingdom covers a vast umbrella of living organisms not addressed
in animal maltreatment laws. Just as children and adults have different under-
standings of what makes an “animal,” so too does each state have its own defini-
tion of “animal” and case law interpreting these definitions. The more progressive
states have expansive statutes and definitions, while others have narrowly con-
strued statutes.
For the most part, the majority of states have broad definitions of the term
“animal,” which include all animals but humankind. This is commonly seen
written in the statutes as “all animals” or stated as “every dumb animal.” The
next most frequently encountered variation is the phrase “all vertebrates.”
Vertebrates are defined as any of a subphylum (Vertebrata) of chordates possess-
ing a spinal column that includes the mammals, birds, reptiles, amphibians, and
fishes (Merriam Webster, n.d.). States such as Kansas, Missouri, Michigan, and
North Carolina adhere to this particular definition.
Certain states exclude a variety of species from their legal definitions of “ani-
mal.” The exclusions are seen in statutes in the form of “all animals but …” with
a defined exclusion list. Fish and “pests” are the most frequently excluded ani-
mals (Alaska 11.41.140, Arkansas 05-62-102, Georgia 16-12-4; Delaware 11-5-
1325; Virginia Code 3.2-6500, Georgia 16-12-4; Hawaii 711-1100). Iowa has a
very restrictive definition of “animal.” Iowa’s criminal statute does not include
livestock, “game,” furbearers, fish, reptiles, amphibians, or “nuisance wildlife”
under its “animal” definition (Iowa ST § 717B.1).
The definition of animal is just one of many definitions that play an important
role in animal maltreatment laws. State codes have expansive definition sections
that vary greatly from state to state. How a state defines “animal” in its statutes
plays a critical role in animal maltreatment law. If an injury occurs to a species
of animal that does not fall within the state’s definition of “animal,” the mal-
treatment statute would provide no protection or criminal consequences for the
actions that caused the injury. Consequentially, an act that is criminal in one
state may be legal in another.
A N I M A L M A LT R E AT M EN T STAT U T ES
Animal maltreatment includes, but is not limited to, intentional acts of cru-
elty that result in the harm of an animal. For example, Illinois’ cruelty statute
states, “No person or owner may beat, cruelly treat, torment, starve, overwork
or otherwise abuse any animal” (510 ILCS 70/3.01). Whether an instance of
animal maltreatment can be classified as a misdemeanor or a felony offense
depends on the state law. Most state animal cruelty laws reserve felony-level
charges for dogfighting, cockfighting, and “aggravated” cases that involve
“intentionally, knowingly or maliciously torturing, tormenting, beating or
cruelly neglecting an animal” (Phillips & Lockwood, 2013, p. 47). However,
other factors may elevate the level of the offense such as prior convictions, acts
done to threaten or intimidate others, or cruelty committed in the presence
of a child. Additionally, the animal victim, the severity of the harm done, and
the mindset of the individual involved may dictate whether a crime amounts
to a misdemeanor or a felony offense. Although all 50 states and the District of
Columbia currently have felony provisions for animal maltreatment (Phillips,
2014), some designate the maltreatment of any animal as a misdemeanor and
reserve felony status only for instances of abuse against domesticated animals
(Overcash, 2012).
Understanding animal maltreatment law becomes even more complex because
each state defines and punishes “maltreatment” differently. Additionally, most
states exempt socially sanctioned practices from animal cruelty laws even
when these practices may result in pain or death. The most common exemp-
tions involve “the practice of veterinary medicine, scientific research, generally
acceptable livestock husbandry and slaughter, hunting, trapping, pest control,
humane euthanasia and rodeos” (Lockwood, 2006, p. 16). What may appear as
a clear cut case of animal maltreatment in the eyes of a citizen becomes a gray
issue in the eyes of the law.
Felony animal maltreatment statutes are not uniform and need improvement
throughout the United States. The most frequent limitations placed on felony
status of animal maltreatment pertain to the type of animal abused. Whereas
misdemeanor crimes consist of incidents involving “animals” as defined by
statute, felonies are frequently restricted to crimes involving “companion
46 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
M A LT R E AT M EN T STAT U T ES AC R O S S
T H E U N I T ED STAT ES
Animal maltreatment is defined in various ways across the United States. The
range of definitions of animal maltreatment creates a large disparity in how
animal maltreatment crimes are treated in the country. The greatest disparity
between state statutes can be observed in punishments specified in animal mal-
treatment laws. A review of the laws in Illinois and Kentucky demonstrates this
disparity.
In the United States, Kentucky’s statutes are the most restrictive and provide
the least protection to animals. Kentucky provides only misdemeanor offenses
for intentional cruelty and intentional neglect to all animals (KY 525.130).
Kentucky reserves felony punishment only for instances involving the staged
fighting of four-legged animals or acts of torturing cats or dogs (KY 525.125). In
addition to being tortured, the statute requires serious injury or harm to the cat
or dog in order to amount to a felony. Kentucky statute also provides the bare
minimum protection to animal victims of neglect. Kentucky fails to define a
standard of care to apply when people are responsible for animals’ welfare. The
lack of a standard of care makes the actual prosecution and conviction of animal
neglect cases challenging. Additionally, the state has no felony penalty for neglect
or abandonment; it is currently a misdemeanor to neglect or abandon dogs and
cats. Kentucky also has no animal sexual assault provisions and does not require
any mental health evaluations for offenders. Courts do not restrict an abuser’s
ownership of more animals after a conviction. Kentucky only requires forfeiture
in instances involving fights for pleasure or profit (KY 436.610). Kentucky courts
do not have to force the abuser to surrender custody of the animal (KY 525.125).
According to the Animal Legal Defense Fund (ALDF, 2013), Kentucky has the
weakest animal protection laws in the country.
As our knowledge and understanding of animal consciousness, psychologi-
cal well-being, and behavioral needs continues to develop, and societal views
towards animals evolve, so too have the state laws addressing animal maltreat-
ment. Statutes across the United States have been trending towards higher stan-
dards of care for animals and harsher punishments for violators. According to
ALDF’s 2013 U.S. Animal Protection Laws Rankings, Illinois has the most com-
prehensive animal protection laws.
Illinois’ (510 ILCS 70) Humane Care for Animals Act provides a model stat-
ute for animal maltreatment. Although the statute can be improved, it remains
the most comprehensive and protective law in the United States. As mentioned
earlier, except for a select few states, most animal maltreatment statutes define
“animal” in broad terms. The Illinois’ Humane Care for Animals Act provides
protection to most animals; it is not limited strictly to domestic animals. The
states also differ in the application of felony punishments for animal maltreat-
ment. Illinois’ Act provides felony penalties for cruelty, neglect and abandon-
ment, fighting, and sexual assault.
48 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
Animal owners in Illinois owe a clearly defined duty of care, which acts as the
bare minimum that an owner must provide for an animal. Section three of the
Illinois Humane Care for Animals Act states that an owner shall provide the fol-
lowing for every animal: “a sufficient quantity of good quality, wholesome food
and water; adequate shelter and protection from the weather; veterinary care when
needed to prevent suffering; and humane care and treatment” (510 ILCS 70/3.00).
Failing to provide this care to an animal would constitute the criminal offense
of animal neglect. Unlike the Kentucky statute, Illinois does not require neglect
to be a crime of intent. When intent is present, and serious injury occurs to
an animal, the Illinois statute elevates the crime and it becomes aggravated in
nature. Illinois provides increased felony punishment for repeat animal neglect
offenders and makes every single day of neglect a separate offense:
As noted in the statute, Illinois allows for court ordered mental health evalua-
tions for convicted individuals and mandates such evaluations for juveniles as
well as defendants considered “hoarders.”
Illinois’ cruelty statute states, “No person or owner may beat, cruelly treat,
torment, starve, overwork or otherwise abuse any animal.” Like its neglect stat-
ute, repeat offenders face felony convictions, and anyone convicted may face
court-ordered mental health evaluations (510 ILCS 70/3.01). Illinois also pro-
vides protection to animals in the form of an aggravated cruelty statute, which
automatically provides felony convictions for any intentional act that causes
a companion animal to suffer serious injury or death (510 ILCS 70/3.02(a)).
Animal torture mandates a psychological examination (510 ILCS 70/3.03).
Further protection is provided to the animal victims involved because Illinois
allows for pre-trial seizure as well as the complete forfeiture of the animals (510
ILCS 70/3.04). Courts may also include animals within protective orders, which
can minimize contact a domestic violence offender may have with an animal
victim (510 ILCS 70/16.3). The consequences of animal maltreatment also can be
affected by the type of offender (juvenile vs. adult) and the scenario in which the
maltreatment took place, specifically whether it was in the context of a domestic
violence episode.
Law and Animal Maltreatment49
The past several decades have seen a number of trends in laws pertaining to ani-
mal maltreatment. These include special attention to juvenile offenders, to ani-
mal maltreatment in the context of domestic violence, and the influence of other
types of crime on animal maltreatment law.
In 2001, the United States Department of Justice Office of Juvenile Justice and
Delinquency Prevention (OJJDP) published a Juvenile Justice Bulletin, which
noted increasing interest in the relationship between animal cruelty or abuse
and serious violent juvenile offenders (Ascione, 2001). The Bulletin referenced a
study of nine school shootings in the United States in which 5 of the 11 perpetra-
tors had histories of animal abuse (Verlinden, 2000).
In 2012, the Animal Welfare Institute published a study entitled Animal
Cruelty Crime Statistics (Addington & Randour, 2012). Because federal crime
reporting databases did not mention statistics for acts involving animal cruelty,
the study focused on 18 states that receive information about animal cruelty.
Specifically, Addington and Randour reviewed arrestee data collection from
Ohio during the period of 2001 to 2011. Out of a total of 287 reports of cruelty,
61 involved offenders 19 years of age or younger. Eight of those cases involved
offenders under the age of 12.
The American Prosecutors Research Institute (APRI), in association with
OJJDP and the ASPCA, published Animal Cruelty Prosecution: Opportunities for
Early Response to Crime and Interpersonal Violence (Lockwood, 2006). The paper
argued that as a potential predictor of future dangerousness in individuals, the
proper reporting and prosecution of juveniles involved in acts of animal cruelty
bears great importance. For example, a 10-year study of at-risk children showed
that those who were classified as cruel to animals between the ages of 6 and 12
were more than twice as likely as others to be referred to juvenile authorities for
a violent offense (Becker, Herrera, McCloskey, & Stuewig, 2004). Animal cruelty
has been identified as one of the earliest serious offenses which may provide the
opportunity for intervention at a stage where it may have preventive and positive
long term effects (Lockwood, 2006).
Juvenile cases follow a different course than adult criminal prosecutions.
The juvenile justice system is often viewed as remedial in nature. For example,
regarding juveniles, Virginia Code 16.1-227 states that:
“This law shall be construed liberally and as remedial in character, and the
powers hereby conferred are intended to be general to effect the beneficial
purposes herein set forth. It is the intention of this law that in all proceed-
ings the welfare of the child and the family, the safety of the community
and the protection of the rights of victims are the paramount concerns of
50 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
the Commonwealth and to the end that these purposes may be attained,
the judge shall possess all necessary and incidental powers and authority,
whether legal or equitable in their nature.”
Domestic Violence
Family pets are often used by perpetrators of domestic violence to control their
victims (Randour, 2011). Threatening to harm a pet if a victim leaves is but one
way an abuser can dominate his victim. Many victims of domestic violence will
not leave an abusive household if they cannot take their pets with them (e.g.,
Ascione et al., 2007). An inability to take a pet to a shelter or otherwise protect
the pet places the pet in jeopardy of becoming the target of the abuser in order
to punish the victim. In recognition of this dynamic, many states have expanded
the statutory definition of domestic violence. Arizona, Colorado, Nevada, and
Tennessee specifically define domestic violence as including injury to animals
(Ariz. Rev. Stat § 13-3601; Colo. Rev. Stat. Ann § 18-6-800.3(1); Ind. Code Ann.
Law and Animal Maltreatment51
The parallels between animal maltreatment prosecutions and the historic pro-
gression in the prosecution of other crimes involving interpersonal violence
shows the same potential for improvement, increased resources, and greater
awareness. Interpersonal violence “pertains to the intentional use of physical
force or power, threatened or actual, against another person or against a group
or community that results in or has a high likelihood of resulting in injury,
death, psychological harm, maldevelopment, or deprivation” (Dahlberg &
Krug, 2002). Although Henry Bergh shined the spotlight on child abuse in
the United States, child abuse statutes and prosecutions did not experience an
overhaul in how they were handled until the 1980s. Like animal maltreatment
prosecution, elder abuse cases are also just now receiving additional attention
from the public, legislatures, and the criminal justice system. The common
threads amongst child abuse, domestic violence, elder abuse, and animal mal-
treatment cases are the complexity of dealing with victims who may not be
able to speak for themselves, a cycle of violence, and medical issues involving
victims. Advancements made in child abuse prosecutions have taught lessons
that can and should be applied to animal maltreatment prosecutions as well
as other interpersonal crimes. Animal maltreatment and elder abuse prosecu-
tions are still in their early period regarding response and available resources.
Concluding this section on trends in animal maltreatment laws, it is worth-
while to note that legislation is not the only ways in which laws evolve and
change. Judicial branches in every state also influence the body of animal mal-
treatment law through statutory interpretation and the creation of case law. The
involvement of the judicial branch creates even greater differentiation between
states. It also requires that anyone attempting to understand their state’s laws on
animal maltreatment must review not only the state’s statutes but also its courts’
interpretations of them in appellate cases.
D I S P O S I T I O N A N D S EN T EN C I N G
States vary in the disposition and sentencing of animal maltreatment. Two spe-
cial features of many animal maltreatment statutes are the potential to prohibit
a person from owning animals and the requirement of psychological counseling
for the offender.
Banning Ownership
One penalty for those convicted of animal maltreatment is the prohibition against
owning animals. Many states have yet to add this prohibition to their legislation.
The states that have included this prohibition as a dispositional alternative are
divided into two categories: states that give the courts discretion to ban future
Law and Animal Maltreatment53
ownership and states that mandate the forfeiture of the right to own animals.
The states that allow the courts discretion to ban ownership include Arkansas,
California, Florida, Idaho, Illinois, Maine, Maryland, Minnesota, Mississippi,
Montana, New Hampshire, New York, Ohio, Pennsylvania, Tennessee, Utah,
Vermont, Virginia, Wisconsin, West Virginia, and the District of Columbia
(Arkansas Section 11.61.140; Cal. Penal Code Section 597, Section 11199; Florida
Section 828.12, 828.073; Idaho Section 25-2504; 510 ILCS Section 70/3.01-3.05;
Maine Section 17-1031;17-1027;7-4011; Maryland, Criminal Law 10-606, 10-604,
10-615; Minnesota Section 343.21, 343.235; Mississippi Section 97-41-2, 97-41-
15, 97-41-16; Montana Section 45-8-211, 45-8-217, 27-1-434; New Hampshire
Section 644:8; New York Ag & Markets Law Section 353, 353 a, 373, 374; Ohio
Section 959.02, 959.13, 959.131, 959. 132, 959.99; Pennsylvania 18 Pa Section
5511; Tennessee Section 39-14-202, 39-14-210, 39-14-212, Utah Section 76-9-301;
Vermont 13 V.S.A. Section 352, 352a, 353, 354; Virginia 3.2-6570; Wisconsin
Section 951.18, 951.02, 173.23; Wyoming Section 6-3-203;11-29-114; District of
Columbia Section 22-1001-1004 (The Humane Society of the United States, 2011).
Fewer states make banning of ownership mandatory, thus removing judicial
discretion. Delaware, Kansas, Oregon, West Virginia, and the Virgin Islands
require the banning of animal ownership with the time for the ban dependent
on the severity of the charge (Delaware 11 Del. C. 1325; 3 Del. C. 7905; Kansas
Section 21-4310; 23-4311; 23-4313; 23-4317; 21-6412; Oregon sections 167.315,
320, 322, 332, 334, 347, 350; West Virginia Section 61-8-19; 7-10-4; Virgin Islands
14 V.I.C. Section 181-185; 187). Michigan has a discretionary ban for a probation-
ary period but a mandatory ban for a second offense (Michigan Section 750.50;
50b). Nebraska also has a dichotomous statute which requires the banning of
future ownership for felony charges, but makes it discretionary for misdemeanor
charges (Nebraska Sections 28-1009, 1011, 1012, 1019). Washington State bans
ownership if the animal dies, but notes that if a ban is ordered it is limited to two
years for initial misdemeanor convictions and is permanent for felony or subse-
quent misdemeanor convictions (Washington sections 16.52-205; 207; 200). The
remaining states are silent with regard to future animal ownership. The wide
range of judicial temperament and opinion regarding the importance of pun-
ishing animal cruelty may warrant a shift towards removing judicial discretion
in favor of an outright ban on animal ownership for individuals convicted of
animal maltreatment.
Psychological Counseling
Maine ME. REV. STAT. ANN. tit. 17, The court may order psychiatric or psychological counselling of a defen- Permissive
§ 1031(3-B) dant convicted of animal cruelty at the defendant’s expense as a condition
of probation or as part of the sentence.
(continued)
Table 2.1. Continued
State Statute Statute Terms Mandatory or
Permissive?
Michigan (1) MICH. COMP. LAWS § (1) Court may order offender to have a mental health treatment if war- Permissive
750.50(5) ranted, at offender’s expense.
(2) MICH. COMP. LAWS § (2) Court may order counseling as a condition of probation.
750.50b(5)
Minnesota MINN. STAT. § 343.21, subd. 10(4) Court may order counseling upon conviction. Permissive
Mississippi MISS. CODE ANN. § 97-41-16(3) Court may order a person convicted of simple or aggravated cruelty to Permissive
(b)(ii)(1) dogs or cats to receive counseling, to be paid for by the offender.
Missouri MO. ANN. STAT. § 566.111(3)(3) Court may order counseling for unlawful sex with animals. Permissive
Nevada NEV. REV. STAT. § 176A.416 Court may order defendant convicted of animal cruelty to undergo Permissive for adults,
counseling. mandatory for juve-
NEV. REV. STAT. § 62E.680 If a child is adjudicated delinquent for an unlawful act that involves cruelty nile offenders.
to or torture of an animal, the juvenile court is required to order the child
to participate in counseling or other psychological treatment,
New Jersey N.J. STAT. ANN. § 4:22-17(g) A juvenile offender shall be ordered to receive mental health counseling. Mandatory for juve-
nile offenders
New N.M. STAT. ANN. § Court may order adult violators to participate in counseling; treatment is Permissive for adults,
Mexico 30-18-1(G),(H) mandatory for child violators. mandatory for juve-
nile offenders
Ohio OHIO REV. CODE ANN. § Court may order those convicted of cruelty to a companion animal to Permissive
959.99(E)(6) undergo counseling, costs to be borne by offender.
Oregon OR. REV. STAT. § 167.350(4) Court may order participation in counseling or cruelty prevention pro- Permissive
grams at defendant’s expense.
Rhode R.I. GEN. LAWS § 4-1-36 Court may order a psychiatric counseling, at offender’s expense. Permissive
Island
Tennessee TENN. CODE ANN. §§ 39-14-212, Upon conviction for aggravated cruelty or aggravated cruelty to livestock, Permissive
39-14-217 the court may require the defendant to undergo psychological counseling,
the cost to be borne by the defendant.
Texas (1) T
EX. CODE OF CRIM. (1) I f a judge grants community supervision to a person convicted Mandatory juvenile
PROC. ANN. § 42.12 of an offense under Section 42.09, 42.091, 42.092, or 42.10 of the offenders
penal code, the judge may require the person to attend a respon-
sible pet owner course sponsored by a municipal animal shelter.
(2) TEX. FAM. CODE ANN. (2) Court shall order juvenile offenders to participate in psycho-
logical counseling.
§ 54.0407
Utah UTAH CODE ANN. Upon conviction, court may order counseling at defendant’s expense. Permissive
§ 76-9-301(11)
Vermont VT. STAT. ANN. tit. 13, Court may order counseling upon conviction; may order juvenile offend- Permissive
§ 353(b)(4) ers to undergo counseling; costs to be imposed upon defendant when
appropriate.
Virginia VA. CODE ANN. § 3.2-6570(A) Upon conviction, court may order counseling. Permissive
Washington WASH. REV. CODE Upon conviction, court may order participation in counseling at the defen- Permissive
§§ 16.52.200(9), 16.52.205(5)(b) dant’s expense.
West W. VA. CODE § 61-8-19(h)(2) Court may require offenders to complete an anger management program Permissive (anger
Virginia for perpetrators of animal cruelty. management only)
Table courtesy of the Animal Legal Defense Fund, last updated May 2015.
Table 2.2. State Statutes Regarding Mental Health Evaluations for Animal Maltreatment Offenders
State Statute Terms (Full Text) Mandatory or
Permissive?
Arizona ARIZ. REV. STAT. § 13-1411 (2014). Bestiality; classification; definition Permissive
***
A. A person commits bestiality by knowingly doing either of the following: 1. Engaging in oral sexual contact, sexual
contact or sexual intercourse with an animal. AZ-46 2. Causing another person to engage in oral sexual contact,
sexual contact or sexual intercourse with an animal.
B. In addition to any other penalty imposed for a violation of subsection A of this section, the court may order that
the convicted person do any of the following:
1. Undergo a psychological assessment and participate in appropriate counseling at the convicted person's own
expense.
2. Reimburse an animal shelter as defined in § 11-1022 for any reasonable costs incurred for the care and maintenance
of any animal that was taken to the animal shelter as a result of conduct proscribed by subsection A of this section.
Arkansas ARK. CODE. ANN. § 5-62-103 (2013). Offense of cruelty to animals. Mandatory
****
(c) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to animals is guilty of an
unclassified misdemeanor and shall be:
(1) Fined no less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000);
(2) Either:
(A) Imprisoned for no less than one (1) day and no more than one (1) year in jail; or
(B) Ordered to complete community service; and
(3)(A) Both:
(i) Ordered to complete a psychiatric or psychological evaluation; and
(ii) If determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed
by the court.
(B) The cost of any psychiatric or psychological evaluation, counseling, or treatment may be ordered paid by the
person up to the jurisdictional limit of the court.
[Evaluations also required for 2nd, 3rd, 4th, and subsequent offenses and aggravated cruelty]
Colorado COLO. REV. STAT. § 18-9-202 (2013). Cruelty to animals—aggravated cruelty to animals—neglect of Mandatory for
animals—offenses. pre-sentencing
**** evaluation
(II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to
complete an anger management treatment program or any other appropriate treatment program.
(III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining
an appropriate sentence. The person ordered to undergo an evaluation shall be required to pay the cost of
the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial dis-
trict. If the evaluation results in a recommendation of treatment and if the court so finds, the person shall be
ordered to complete an anger management treatment program or any other treatment program that the court
may deem appropriate.
(IV) Upon successful completion of an anger management treatment program or any other treatment program
deemed appropriate by the court, the court may suspend any fine imposed, except for a five hundred dollar man-
datory minimum fine which shall be imposed at the time of sentencing.
(V) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title, any
person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has
been found by the court to include an act of cruelty to animals, shall be required to pay a mandatory minimum
fine of one thousand dollars and shall be required to complete an anger management treatment program or any
other appropriate treatment program.
(continued)
Table 2.2. Continued
State Statute Terms (Full Text) Mandatory or
Permissive?
District of D.C. CODE ANN. § 22-1001 (2013). Definition and penalty. Permissive
Columbia ****
(2) The court may order a person convicted of cruelty to animals:
(A) To obtain psychological counseling, psychiatric or psychological evaluation, or to participate in an animal
cruelty prevention or education program, and may impose the costs of the program or counseling on the person
convicted;
(B) To forfeit any rights in the animal or animals subjected to cruelty;
(C) To repay the reasonable costs incurred prior to judgment by any agency caring for the animal or animals sub-
jected to cruelty; and
(D) Not to own or possess an animal for a specified period of time.
(3) The court may order a child adjudicated delinquent for cruelty to animals to undergo psychiatric or psychologi-
cal evaluation, or to participate in appropriate treatment programs or counseling, and may impose the costs of the
program or counseling on the person adjudicated delinquent.
***
§ 22–1006.01. Penalty for engaging in animal fighting.
(a) Any person who: (1) organizes, sponsors, conducts, stages, promotes, is employed at, collects an admission fee for,
or bets or wagers any money or other valuable consideration on the outcome of an exhibition between two or more
animals of fighting, baiting, or causing injury to each other; (2) any person who owns, trains, buys, sells, offers to buy
or sell, steals, transports, or possesses any animal with the intent that it engage in any such exhibition; (3) any person
who knowingly allows any animal used for such fighting or baiting to be kept, boarded, housed, or trained on, or
transported in, any property owned or controlled by him; (4) any person who owns, manages, or operates any facility
and knowingly allows that facility to be kept or used for the purpose of fighting or baiting any animal; (5) any person
who knowingly or recklessly permits any act described in this subsection, to be done on any premises under his or
her ownership or control, or who aids or abets that act; or (6) any person who is knowingly present as a spectator at
any such exhibition, is guilty of a felony, punishable by a fine of not more than the amount set forth in § 22-3571.01,
imprisonment not to exceed 5 years, or both. The court may also impose any penalties listed in § 22-1001(a).
Delaware DEL. CODE ANN. tit. 11, § 4362 Mandatory
(a) When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sen-
tence, any person who has been convicted of an act causing death (subpart B of subchapter II of Chapter 5 of this
title); sexual offenses (subpart D of subchapter II of Chapter 5 of this title); kidnapping and related offenses (subpart
E of subchapter II of Chapter 5 of this title); arson and related offenses (subpart A of subchapter III of Chapter 5 of
this title); home invasion; burglary in the first degree; burglary in the second degree; robbery (subpart C of sub-
chapter III of Chapter 5 of this title); offenses relating to children and incompetents (subchapter V of Chapter 5
of this title); cruelty to animals; abusing a corpse; unlawful use of an incendiary device, bomb or other explosive
device; abuse of children (Chapter 9 of Title 16); and distribution of a controlled substance to a person under age 18
(§ 4761 of Title 16); or for an attempt as provided by statute to commit any of these crimes, there shall be furnished
to each member of the Board of Pardons and to the Governor, in case recommendation for a pardon or commuta-
tion of sentence be made, a copy of the report of the psychiatrist and/or psychologist who have examined such
person, as provided in subsection (b) of this section.
(b) Prior to consideration by the Board of Pardons of any application for a pardon or a commutation of sentence
made by any person who has been incarcerated for any of the crimes stated in subsection (a) of this section,
such person shall be examined by a psychiatrist or by a psychologist within a 12-month period immediately
preceding consideration of such person’s case by the Board of Pardons. The Commissioner of the Department
of Correction or the Commissioner’s designee may request the Director of the Delaware Psychiatric Center to
cause examination and studies to be made.
(c) Any psychiatrist or psychologist who, pursuant to subsection (b) of this section, examines any applicant for
a pardon or a commutation of sentence shall furnish to each member of the Board of Pardons a report contain-
ing their respective findings, opinions as to the mental and emotional health of the applicant, and opinions as
to the probability of the applicant again committing any crime if released. If the Board of Pardons recommends
a pardon or a commutation of sentence, a copy of any report submitted to the Board by any psychiatrist or psy-
chologist shall be provided to the Governor.
(d) If examination and clinical studies as provided in this section cannot be made at the correctional institu-
tion, the prisoner may be transferred, under adequate security safeguards, to the Delaware Psychiatric Center
for such examination and studies.
(continued)
Table 2.2. Continued
State Statute Terms (Full Text) Mandatory or
Permissive?
Georgia GA. CODE ANN. § 16-12-4(d) Permissive
****
(d) Before sentencing a defendant for any conviction under this Code section, the sentencing judge may require
psychological evaluation of the offender and shall consider the entire criminal record of the offender.
Illinois 510 ILL. COMP. STAT. 70/3 (2013). Owner’s duties. Permissive,
A person convicted of violating this Section is guilty of a Class B misdemeanor. A second or subsequent violation is except for sen-
a Class 4 felony with every day that a violation continues constituting a separate offense. In addition to any other tencing for ani-
penalty provided by law, upon conviction for violating this Section, the court may order the convicted person mal torture
to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person’s
expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted
person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a
psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate
after due consideration of the evaluation.
510 ILL. COMP. STAT. 70/3.01 (2013). Cruel treatment.
A person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent conviction
for a violation of this Section is a Class 4 felony. In addition to any other penalty provided by law, upon conviction
for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric
evaluation and to undergo any treatment at the convicted person’s expense that the court determines to be
appropriate after due consideration of the evidence. If the convicted person is a juvenile or a companion animal
hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to
undergo treatment that the court determines to be appropriate after due consideration of the evaluation.
510 ILL. COMP. STAT. 70/3.02 (2013). Aggravated cruelty.
****
(c) A person convicted of violating Section 3.02 is guilty of a Class 4 felony. A second or subsequent violation is a
Class 3 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the
court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo
any treatment at the convicted person’s expense that the court determines to be appropriate after due consid-
eration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must
order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment
that the court determines to be appropriate after due consideration of the evaluation.
510 ILL. COMP. STAT. 70/3.03 (2013). Animal torture.
****
(c) A person convicted of violating this Section is guilty of a Class 3 felony. As a condition of the sentence imposed
under this Section, the court shall order the offender to undergo a psychological or psychiatric evaluation and
to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.
510 ILL. COMP. STAT. 70/3.03-1 (2013). Depiction of animal cruelty.
****
(c) Any person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony. In addition to any other penalty provided by law, upon conviction for violating this
Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to
undergo any treatment at the convicted person’s expense that the court determines to be appropriate after due
consideration of the evaluation. If the convicted person is a juvenile, the court shall order the convicted per-
son to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines
to be appropriate after due consideration of the evaluation.
720 ILL. COMP. STAT. 5/12-35 (2013). Sexual conduct or sexual contact with an animal.
****
(f) In addition to the penalty imposed in subsection (e), the court may order that the defendant do any of the
following:
(3) Undergo a psychological evaluation and counseling at defendant’s expense.
(continued)
Table 2.2. Continued
State Statute Terms (Full Text) Mandatory or
Permissive?
Iowa IOWA CODE ANN. § 717B.3A (2013). Animal torture. Mandatory
(1) For the first conviction, the person is guilty of an aggravated misdemeanor.
The sentencing order shall provide that the person submit to psychological evaluation and treatment accord-
ing to terms required by the court. The costs of the evaluation and treatment shall be paid by the person. In
addition, the sentencing order shall provide that the person complete a community work requirement, which may
include a work requirement performed at an animal shelter or pound, as defined in section 162.2, according to
terms required by the court.
(2) For a second or subsequent conviction, the person is guilty of a class “D” felony. The sentencing order shall
provide that the person submit to psychological evaluation and treatment according to terms required by the
court. The costs of the psychological evaluation and treatment shall be paid by the person.
IOWA CODE ANN. § 717C.1 (2013). Bestiality.
****
3. Upon a conviction for a violation of this section, and in addition to any sentence authorized by law, the court
shall require the person to submit to a psychological evaluation and treatment at the person’s expense.
Kansas KAN. STAT. ANN. § 21-6412(2013) Cruelty to animals. Mandatory
(b) Cruelty to animals as defined in: evaluation
(1) Subsection (a)(1) or (a)(6) is a nonperson felony. Upon conviction of subsection (a)(1) or (a)(6), a person shall be
sentenced to not less than 30 days or more than one year’s imprisonment and be fined not less than $500 nor more
than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence
or parole until the person has served the minimum mandatory sentence as provided herein. During the mandatory
30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the
court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion
of an anger management program.
Louisiana LA. REV. STAT. ANN. § 14:102.1.A. (2013) Cruelty to animals; simple and aggravated. Permissive for
**** first, manda-
(d) In addition to any other penalty imposed, the court may order a psychological evaluation or anger manage- tory for second
ment treatment for a first conviction of the crime of simple cruelty to animals. For a second or subsequent or aggravated
offense of the crime of simple cruelty to an animal, the court shall order a psychological evaluation or anger offenses
management treatment. Any costs associated with any evaluation or treatment ordered by the court shall be
borne by the defendant.
(5) In addition to any other penalty imposed for a violation of this Subsection, the offender shall be ordered to
undergo a psychological evaluation and subsequently recommended psychological treatment and shall be
banned by court order from owning or keeping animals for a period of time deemed appropriate by the court.
Any costs associated with any evaluation or treatment ordered by the court shall be borne by the defendant.
Maine Civil: ME. REV. STAT. ANN. tit. 7, § 4016 (2013) Permissive
****
D. The court, as part of the judgment, may order that the defendant submit to and complete a psychological eval-
uation for in camera review by the court.
Criminal: ME. REV. STAT. ANN. tit. 17, § 1031(2013)
3-B. Penalties.
The following apply to violations of this section.
A. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $500 for each
violation of this section. The court may order the defendant to pay the costs of the care, housing and veterinary
medical treatment for the animal including the costs of relocating the animal.
B. The court, as part of the sentence for a violation of this section, may prohibit the defendant from owning, possessing
or having on the defendant’s premises an animal or animals as determined by the court for a period of time, up to
and including permanent relinquishment, as determined by the court. A person placed on probation for a violation
of this section with a condition that prohibits owning, possessing or having an animal or animals on the probation-
er’s premises is subject to revocation of probation and removal of the animal or animals at the probationer’s expense
if this condition is violated. The court as part of the sentence may order, as a condition of probation, that the
defendant be evaluated to determine the need for psychiatric or psychological counseling and, if it is determined
appropriate by the court, to receive psychiatric or psychological counseling at the defendant’s expense.
(continued)
Table 2.2. Continued
State Statute Terms (Full Text) Mandatory or
Permissive?
Michigan MICH. COMP. LAWS § 750.50(2013) Permissive
****
(5) If a term of probation is ordered for a violation of subsection (2), the court may include as a condition of that pro-
bation that the defendant be evaluated to determine the need for psychiatric or psychological counseling and, if
determined appropriate by the court, to receive psychiatric or psychological counseling at his or her own expense.
Mississippi MISS. CODE ANN. § 97-41-16 (2013) Maliciously injuring dogs or cats. Permissive
****
(3) In addition to such fine or imprisonment which may be imposed:
(a) The court shall order that restitution be made to the owner of such dog or cat. The measure for restitution in money
shall be the current replacement value of such loss and the actual veterinarian fees, medicine, special supplies, loss of
income and other costs incurred as a result of actions in violation of subsection (2) of this section; and
(b) The court may order that:
(i) The reasonable costs of sheltering, transporting and rehabilitating the dog or cat, and any other costs directly
related to the care of the dog or cat, be reimbursed to:
1. Any law enforcement agency; or
2. Any agency or department of a political subdivision that is charged with the control, protection or welfare of dogs
or cats within the subdivision. The agency or department may reimburse a nongovernmental organization for such
costs, if the organization possesses nonprofit status under the United States Internal Revenue Code and has the pur-
pose of protecting the welfare of, or preventing cruelty to, dogs or cats.
(ii) The person convicted:
1. Receive a psychiatric or psychological evaluation and counseling or treatment for a length of time as prescribed
by the court. The cost of any evaluation, counseling and treatment shall be paid by the offender upon order of
the court, up to a maximum amount that is no more than the jurisdictional limit of the sentencing court.
2. Perform community service for a period not exceeding the applicable maximum term of imprisonment that may be
imposed for conviction of the offense.
3. Be enjoined from employment in any position that involves the care of a dog or cat, or in any place where dogs or
cats are kept or confined, for a period which the court deems appropriate.
Missouri MO. ANN. STAT. § 566.111(2013) Unlawful sex with an animal, penalties. Permissive
****
3. In addition to any penalty imposed or as a condition of probation the court may:
(1) Prohibit the defendant from harboring animals or residing in any household where animals are present during
the period of probation or if probation is not granted for a period of time not to exceed two years after the defen-
dant’s sentence is completed;
(2) Order all animals in the defendant’s possession subject to a civil forfeiture action under c hapter 513, RSMo; or
(3) Order psychological evaluation and counseling of the defendant at the defendant’s expense.
Nevada NEV. REV. STAT. § 176A.416 (2013). Evaluations and counseling for offenses involving cruelty to animals; pow- Permissive
ers and duties of court.
1. As a condition of probation, the court may order a defendant who is convicted of a violation of c hapter 574 of
NRS that is punishable as a felony or gross misdemeanor to:
(a) Submit to a psychiatric evaluation; and
(b) Participate in any counseling or therapy recommended in the evaluation.
2. The court shall order a defendant, to the extent of the defendant’s financial ability, to pay the cost for an eval-
uation and any counseling or therapy pursuant to this section.
Ohio OHIO REV. CODE ANN. § 959.99(2013). Penalties. Permissive
****
(6) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.131
[ED: a hoarding statute] of the Revised Code suffers from a mental or emotional disorder that contributed to the
violation, the court may impose as a community control sanction or as a condition of probation a requirement
that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay
the costs of the evaluation or counseling.
(continued)
Table 2.2. Continued
State Statute Terms (Full Text) Mandatory or
Permissive?
Oregon OR. REV. STAT. § 167.334 (2014). Evaluation of person convicted of violating ORS 167.333. Permissive
***
OR. REV. STAT. § 167.333 (2014). Sexual assault of animal.
(1) A person commits the crime of sexual assault of an animal if the person: (a) Touches or contacts, or causes an
object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for
the purpose of arousing or gratifying the sexual desire of a person; or (b) Causes an animal or animal carcass to
touch or contact the mouth, anus or sex organs of a person for the purpose of arousing or gratifying the sexual
desire of a person.
(2) Subsection (1) of this section does not apply to the use of products derived from animals.
(3) Sexual assault of an animal is a Class A misdemeanor.
OR. REV. STAT. § 167.334 (2014). Evaluation of person convicted of violating ORS 167.333. Upon the conviction of
a defendant for violation of ORS 167.333, the court may order a psychiatric or psychological evaluation of the
defendant for inclusion in the presentence report as described in ORS 137.077.
Pennsylvania 18 PA. CONS. STAT. ANN. § 5511(2013). Cruelty to animals. Permissive
(i) A person commits a misdemeanor of the first degree if he willfully and maliciously:
(A) Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise. If a
person kills, maims, mutilates, tortures or disfigures a dog guide for an individual who is blind, a hearing dog
for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited,
whether belonging to the individual or otherwise, that person, in addition to any other applicable penalty, shall be
required to make reparations for veterinary costs in treating the dog and, if necessary, the cost of obtaining and
training a replacement dog.
(B) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any dog
or cat, whether belonging to himself or otherwise.
(ii) Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less
than $1,000 or to imprisonment for not more than two years, or both. The court may also order a presentence
mental evaluation. A subsequent conviction under this paragraph shall be a felony of the third degree. This para-
graph shall apply to dogs and cats only.
Rhode R.I. GEN. LAWS § 4-1-36 (2013). Psychiatric counseling. Permissive
Island Any person found guilty of violating any of the provisions of this chapter may, in addition to any penalties imposed,
be evaluated to determine the need for psychiatric or psychological counseling, and, if determined appropriate
by the court, to receive psychiatric or psychological counseling at his or her own expense.
Tennessee TENN. CODE ANN. § 39-14-212 (2013). Aggravated cruelty to animals; definitions; penalties. Permissive
****
(f) In addition to the penalty imposed by subsection (d), the court may require the defendant to undergo psy-
chological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the
court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program
with an appropriate agency.
***
(j) If a juvenile is found to be within the court’s jurisdiction, for conduct that, if committed by an adult, would be a
criminal violation involving cruelty to animals or would be a criminal violation involving arson, then the court
may order that the juvenile be evaluated to determine the need for psychiatric or psychological treatment. If
the court determines that psychiatric or psychological treatment is appropriate for that juvenile, then the court
may order that treatment.
TENN. CODE ANN. § 39-14-217 (2013). Aggravated Cruelty to Livestock Animal.
****
(h) In addition to the penalty imposed by subsection (j), the court may require the defendant to undergo psy-
chological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the
court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program
with an appropriate agency.
Utah UTAH CODE ANN. § 76-9-301 (2013). Cruelty to animals. Permissive
****
(11) Upon conviction under this section, the court may in its discretion, in addition to other penalties:
(a) order the defendant to be evaluated to determine the need for psychiatric or psychological counseling, to receive
counseling as the court determines to be appropriate, and to pay the costs of the evaluation and counseling;
(continued)
Table 2.2. Continued
State Statute Terms (Full Text) Mandatory or
Permissive?
Vermont VT. STAT. ANN. tit. 13, § 353 (2013). Degree of offense; sentencing upon conviction. Permissive
****
(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a viola-
tion under section 352 or 352a of this title to:
(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychi-
atric or psychological counselingv, within a reasonable distance from the defendant’s residence. If a juvenile is
adjudicated delinquent under section 352 or 352a of this title, the court may order the juvenile to undergo a
psychiatric or psychological evaluation and to participate in treatment that the court determines to be appro-
priate after due consideration of the evaluation. The court may impose the costs of such programs or counsel-
ing upon the defendant when appropriate.
West W. VA. CODE § 61-8-19 (2013). Cruelty to animals; penalties; exclusions. Mandatory for
Virginia **** probation
(h) (1) Notwithstanding any provision of this code to the contrary, no person who has been convicted of a violation
of the provisions of subsection (a) or (b) of this section may be granted probation until the defendant has under-
gone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation. Unless the
defendant is determined by the court to be indigent, he or she is responsible for the cost of the evaluation.
Table courtesy of the Animal Legal Defense Fund, last updated May 2015.
Law and Animal Maltreatment71
juvenile offenders. For example, California and Indiana mandate counseling for
animal cruelty offenders (Cal. Penal Code Section 597, Section 11199; Ind. Code
§ 35-46-3-12(f)). Florida, Illinois, and Iowa mandate counseling for the torture
of animals, and Louisiana requires counseling for aggravated cruelty convictions
(Florida Section 828.12; 828.073; Illinois 510 ILCS Sections 70/3.01-3.05; Iowa
Section 717B.3A, B.1-4; Louisiana Section14:102.1 and 102.2). New Jersey, New
Mexico, Nevada, and Texas only require counseling for juvenile offenders (New
Jersey Section 4:22-17; New Mexico Section 30-18-1 and 1.2; Nevada Section
206.150; 574.100; 574.055; 62E.680; Texas Penal Code Section 42-.092; Health &
Safety Code 821.023; Family Code Section 54.0407). It is interesting to note that
West Virginia requires an evaluation occur before probation is authorized (West
Virginia Section 61-8-19; 7-10). However, this does not mandate counseling. If
the court orders counseling, the statute specifies it shall be “anger management
intervention” for perpetrators of animal abuse.
A few states specify anger management counseling. Most states, however,
do not identify the type of psychiatric evaluation required. In fact, most states
allow for discretion by the courts to order either a psychiatric or psychological
evaluation and do not specify the type of counseling. The accepted link between
domestic violence and animal cruelty should be reflected to a greater degree in
mandated counseling.
According to the ALDF (n.d.), Oregon was one of the first states to enact legis-
lation that sought to address the link between animal cruelty and interpersonal
violence. In 2003, Oregon passed a statute that made animal cruelty a felony if
the perpetrator had two or more prior convictions for domestic violence or if the
act of cruelty was committed in the presence of a child (Oregon 167.320). The
inextricable link between animal cruelty and other forms of interpersonal vio-
lence would seem to give rise to specific forms of counseling. However, very little
guidance is provided to the courts in most states as to what kind of evaluation is
needed and what kind of treatment is suitable.
C O N C LU S I O N
Animal maltreatment laws across the United States have been improving yearly
and are trending towards felony punishments for both cruelty and neglect, as
well as progressively including all animals rather than merely certain kinds.
Additionally, states are providing greater protection before and after an alleged
incident by requiring animal forfeitures as well as protective orders for animals.
Like laws in many other areas, animal maltreatment laws cover a broad spec-
trum of factors associated with offending. When addressing an issue of animal
maltreatment, the legal system takes into account such elements as the type of
offender, the species of animal victim, and the circumstances and severity of the
act. Each of these elements may affect the outcome of an incident throughout
the investigatory process to achieve the appropriate disposition. Increasingly,
72 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
criminal and civil courts are viewing animals as victims who can feel pain and
suffer, rather than property to be reimbursed.
AU T H O R N OT E
R EFER EN C ES
The Humane Society of the United States (2011, July 21). Animal cruelty facts and sta-
tistics. Retrieved from http://www.humanesociety.org/issues/abuse_neglect/facts/
animal_cruelty_facts_statistics.html
Huss, R. (2008). Lessons learned: Acting as guardian/special master in the Michael
Vick Bad Newz Kennels case. Animal Law, 15, 1–17. Retrieved from: http://law.
lclark.edu/live/files/2872
Lockwood, R. (2006, July). Animal cruelty prosecution: Opportunities for early
response to crime and interpersonal violence. Alexandria, VA: American
Prosecutors Research Institute. Retrieved from: http://www.ndaa.org/pdf/ani-
mal_cruelty_06.pdf
Overcash, E. A. (2012). Unwarranted discrepancies in the advancement of animal
law: The growing disparity in protection between companion animals and agricul-
tural animals. North Carolina Law Review, 90, 837, 850–851, 853.
Phillips, A. (2014, June). Understanding the link between violence to animals and peo-
ple: A guidebook for criminal justice professionals. Alexandria, VA: National District
Attorneys Association. Retrieved from: http://www.ndaa.org/pdf/The%20Link%20
Monograph-2014.pdf
Phillips, A., & Lockwood, R. (2013). Investigating and prosecuting animal abuse.
Alexandria, VA: National District Attorneys Association. Retrieved from: http://
www.ndaa.org/pdf/NDAA%20Animal%20Abuse%20monograph%20150dpi%20
complete.pdf
Randour, M. L. (2011, June). What every clinician should know about the
link between pet abuse and family violence. Washington, DC: American
Psychological Association. Retrieved from: https://www.apa.org/education/ce/
pet-abuse-family-violence.pdf
Tirrell, J., & Wilson, J. (2005, June 21). Medical malpractice crisis: Coming soon to a
profession near you—DVM. Retrieved from http://veterinarynews.dvm360.com/
dvm/Veterinary+business/Medical-malpractice-crisis-Coming-soon-to-a-profes/
ArticleStandard/Article/detail/167437
United States of America v. Michael Vick (2007, August 24). Plea Agreement. United
States District Court for the Eastern District of Virginia, Richmond Division.
Retrieved from: http://hosted.ap.org/specials/interactivss/_documents/vick_plea_
agreement.pdf
Verlinden, S. (2000). Risk factors in school shootings. Unpublished doctoral disserta-
tion. Forest Grove, OR: Pacific University.
3
Information provided in the other chapters in this book will show that a
science-based approach to developing an informed and effective response to ani-
mal maltreatment is underway. Research on the social problem of animal mal-
treatment has started to develop a knowledge base to advance our understanding
and response to problems in this area. The foundations are being laid, and much
more work will be added to it in coming years.
This chapter has two purposes. First, it describes what the knowledge
base for a subfield of animal maltreatment in forensic mental health might
look like after it has matured. Doing so, it also offers a guide for the types of
research that one might hope will develop across time. Three broad types of
research are offered as a way to classify a science-based field of knowledge in
this area and to generate questions for research. Some of that research already
exists, of course, while some topics are awaiting attention. The chapters in this
book review how far the field has come in beginning to build this knowledge
base. In this chapter the focus is more on sketching the bins and boxes that
might help to organize a hypothetical knowledge base for the area of animal
maltreatment.
The chapter’s second objective is to sketch some of the methodological prob-
lems the field has encountered or will encounter in performing research in this
area as we develop its knowledge base. Most of these problems are not at all
unique to this field. They can be anticipated based on the experience of other
fields of research. Here we consider those problems of research method in the
context of animal maltreatment research.
Building a Knowledge Base for Legal and Social Concerns about Animal Maltreatment75
At the broadest level, the problem calls for information to inform three types
of responses to animal maltreatment. We refer to them as primary prevention,
control, and remediation.
Primary prevention refers to efforts to reduce the likelihood that people will
ever engage in animal maltreatment. Preventive efforts can take many forms.
For example, if we can identify childhood antecedents, we might be able to inter-
vene to reduce the likelihood of animal maltreatment behavior as an individ-
ual develops. Research that helps us understand animal maltreatment can also
serve prevention objectives if it leads to more effective policy-relevant campaigns
designed to enhance public awareness and social attitudes that might reduce the
incidence of animal maltreatment.
Control and remediation work together, at least in the best of circumstances.
Control refers to society’s efforts to identify the offending behavior when it
happens, and then to use legal means to restrict the person’s liberties in ways
that allow society to exercise interventions to prevent further incidents. One
of the primary means for doing this is with systematic remedial (therapeu-
tic) methods that target presumed causes of the offending behavior. We often
imagine that the purpose of taking control of violators of the law is to pun-
ish them. But as a method to control future human behavior, we have much
76 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
Nomothetic research refers to studies that seek reliable knowledge about the
nature and causes of animal maltreatment. What are the demographic features,
social circumstances, and psychological characteristics of animal maltreatment
offenders? How can we explain animal maltreatment? What types of interven-
tions work best to reduce future animal maltreatment offending? Both types
of consultation, policy-based and case-based, depend on reliable nomothetic
information about these features of animal maltreatment offenders. These are
the kinds of information that some studies are beginning to provide to experts
for use when they seek to guide law, policy, and the courts in addressing animal
maltreatment, as well as to build relevant interventions.
Assessment research aims to find reliable and useful ways to describe and
explain individual cases of animal maltreatment. Those who use this informa-
tion tend to be case-based consultants, typically forensic mental health profes-
sionals who assess individuals and advise the court that is making decisions
about the person. Assessment research therefore focuses on how to assess or
treat persons who are the focus of animal maltreatment cases and how to apply
general knowledge about animal maltreatment offenders to individual cases.
Case-based consultants need assessment tools that actually measure the behav-
iors and characteristics associated with animal maltreatment. Those tools might
be classified as “forensic assessment instruments” (Grisso, 2003), a special type
of clinical assessment tool that is shaped by legal definitions of the problem that
the case-based forensic consultant is asked to address. Developing these “foren-
sic animal maltreatment instruments” requires research to construct them to
meet legally relevant criteria and to establish their reliability and validity for
their intended purposes.
The remainder of this chapter considers these three broad types of research in
more detail. The discussions focus especially on features of research design that
will be especially important for building a sound knowledge base for the field of
animal maltreatment.
B U I L D I N G A SO C I O G R A PH I C BAS E
FO R A N I M A L M A LT R E AT M EN T
Sociographic research describes the social context for the problem that other types
of research will seek to address. It describes the problem’s scope, how and where it
occurs in society, how society perceives it, its victims, and its costs. What do socio-
graphic studies in this area look like and what are their values and potential uses?
Describing the scope of a social problem requires that we slice into it at a num-
ber of different angles, no one of which would provide a complete picture.
78 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
The following range of topics is not exhaustive but offers a view of the sources
of information that would provide a rich picture of what animal maltreatment
means in current society.
Prevalence
The most basic description of a problem is its prevalence. What can we learn
about the numbers of animals who are victims of animal maltreatment? How
does prevalence vary for different geographic regions of the country or areas
of different population density? What can we learn about historic trends in the
prevalence of animal maltreatment? Answering these questions poses some chal-
lenges. For example, to provide meaningful answers, we must carefully define
animal maltreatment in its various forms. We also need to find reliable sources
of data to answer the questions, which can be frustrating when dealing with the
uncertain quality of records across jurisdictions nationwide. Later chapters will
show that some researchers have begun to find ways to address these questions
regarding certain kinds of animal maltreatment, such as animal hoarding.
Victims
Some sociographic research should focus on information about the victims.
Can we describe prevalence of animal maltreatment for various species?
Given the size of various species populations in the nation, how does preva-
lence translate into proportion and therefore into the probability risk of abuse
or neglect for specific species? Can we develop a perspective on some of the
“dynamics” of animal maltreatment as it is experienced by the animal—for
example, the lengths of time that animals have endured hoarding-related
neglect when hoarding cases are identified? Some of these questions will be
difficult to study, especially at a nationwide level. But even studies of smaller
scope may provide some perspective on the victims at the heart of the social
problem, and later chapters will provide examples of studies that have suc-
ceeded in doing so.
Social Responses
The field needs a perspective on society’s current responses to animal maltreat-
ment. Laws, of course, are part of that perspective, and knowledge of their cur-
rent status is important. But equally important are the legal institutions and
processes that implement the law. How do courts currently adjudicate animal
maltreatment cases, and are there examples of courts that have developed inno-
vative ways of doing it? Beyond the law, society has developed a wide array of
institutions that seek to respond to animal maltreatment. What procedures and
practices now characterize our government institutions, ranging from federal
agencies that influence animal protection to municipal animal control offices?
What current responses are being made by the nation’s schools of veterinary
medicine? Who are the primary national and local non-profit animal welfare
advocacy organizations, and what is the scope and nature of their efforts that
aim to reduce animal maltreatment?
Building a Knowledge Base for Legal and Social Concerns about Animal Maltreatment79
Costs
Part of the cost of animal maltreatment as a social problem is the pain and
suffering of victims and their human owners. But there is also a financial
cost. The financial cost of animal maltreatment is closely related to questions
of prevalence and our social response. Studying those topics alone, however,
does not provide a perspective on the actual financial impact. Economic sci-
ence has special research methods for translating social problems into esti-
mates of their financial burden on society. They can also estimate reductions
in cost if provided various hypothetical alternative responses to the social
problem.
Studies of the scope of the problem can promote many objectives. Sociographic
studies can pave the way for other types of animal maltreatment research. Later
we will review other types of research that seek to understand people who engage
in animal maltreatment. Sociographic studies that identify prevalence and other
social parameters of animal maltreatment can be of great benefit for develop-
ing offender studies. Prevalence studies identify the “what, where and when” of
80 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
B U I L D I N G A N O M OT H E T I C R ES E A R C H
BAS E FO R A N I M A L M A LT R E AT M EN T
Nomothetic research refers to studies that seek to understand the nature and
causes of animal maltreatment, as well as discovering ways to control and change
it. Its objective is reliable information to improve our understanding of how and
why animal maltreatment happens.
As a preliminary matter, we should presume that most of our research on the
nature and causes of animal maltreatment will have to focus not on animal mal-
treatment offenders in general, but on types of animal maltreatment. It seems
unlikely (and research in later chapters bears out) that persons who neglect or
hoard animals, persons who inflict intentional pain on them, and persons who
sexually abuse differ in substantial ways. “Animal maltreatment offender” is a
useful term when labeling a general area of social concern. Yet we should pre-
sume that the differences between the various classes of animal maltreatment
offender groups will be sufficiently great to warrant separate investigations for
various types of animal maltreatment offenders. As Chapter 1 suggested, the
field seems to have established the need to study at least three broad groups
of offenses: animal neglect, animal cruelty, and animal sexual abuse. As later
Building a Knowledge Base for Legal and Social Concerns about Animal Maltreatment81
chapters will show, however, we may find that any of these groups can be subdi-
vided into more specific groups (for example, dividing animal neglect into “gen-
eral neglect” and “neglect related to hoarding”).
A consideration of other areas of social science research that have matured
(such as studies of violent aggression against humans) suggests that the field of
animal maltreatment research can aim to develop six broad types of nomothetic
research—descriptive, retrospective, comparative, prospective, risk-relevant,
and intervention studies. Many research studies will serve several of these pur-
pose at once, but it is convenient to use these divisions so that we can maintain
clarity about various purposes for our research.
Descriptive Studies
Retrospective Studies
Comparative Studies
Prospective and risk-relevant studies are in a class together because they consider
future behavior and our ability to estimate its likelihood. Prospective research
typically begins by identifying a group of people who have been convicted of a
particular offense, then tracks them for a period of time (often a year or more) to
determine whether they re-offend. Those who do and do not re-offend are then
compared to determine whether they systematically differ on various descriptive
and retrospective factors.
This is the starting point for risk-relevant research, which refers to studies
that seek to develop reliable sets of factors that best estimate the likelihood
of future animal maltreatment offending. Using the results of prospective
studies, risk-relevant research identifies those factors that best distinguished
re-offenders from non-re-offenders, then applies those factors to predict
re-offense outcomes for a new set of offenders in another prospective study. If
they succeed, those factors then become variables that can be used to develop
assessment tools, which we will consider later when discussing assessment
research.
We know from past research on aggressive and illegal behaviors in general
that we should not expect to achieve a high degree of accuracy in our efforts to
use risk factors to predict future offending. Judging from that body of research
(e.g., Andrade et al., 2001; Quincy et al., 1998; Reiss & Roth, 1993):
There are many reasons for these limits to our capacities, but primarily, we
simply cannot account for all the variables that might influence re-offending.
Some of them are psychological factors that we have not detected or have been
unable to measure. In addition, human behavior is not simply a function of the
individual’s characteristics, but is influenced also by situational variables that are
86 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
Intervention Studies
Whatever the intervention, it should draw upon the results of all of the other
types of animal maltreatment research for its basis. Those areas of research iden-
tify which offenders, with what characteristics, are more or less likely to need
therapeutic intervention. They can provide the logic for constructing therapeutic
methods focused specifically on the nature of animal maltreatment offenders
of various types. Ultimately all such forms of therapeutic intervention must be
examined for their value—that is, their ability to actually change behavior. Data
from prospective studies offer a baseline with which the success of interventions
can be tested.
our studies not in a way that will “prove our hypothesis,” but in a way that will
allow our hypotheses to be proved wrong. We should be as eager to discover our
misconceptions as to confirm our beliefs.
These are matters that make the scientific enterprise different from the advo-
cacy agenda. Neither is superior to the other, but they have different advantages,
and the advantage of the scientific method is the credibility of the information it
contributes to society’s effort to solve a social problem.
AS S ES S M EN T R ES E A R C H TO B U I L D
M E T H O D S FO R C L I N I CA L FO R EN S I C
A N I M A L M A LT R E AT M EN T E VA LUAT I O N S
Research will be needed to build reliable and useful methods to describe and
explain individual cases of animal maltreatment. Typically the people who use
these research results will be mental health professionals who assess individ-
uals. They may do this in clinical settings, but in this book we are especially
interested in those who do evaluations of individuals for forensic purposes—to
advise courts when they are making decisions about the person. The assessment
research of interest, therefore, focuses on how to evaluate persons who are before
courts on animal maltreatment charges and how to apply general knowledge
about animal maltreatment offenders to individual cases.
Chapter 10 offers guidance for “Conceptualizing Forensic Animal
Maltreatment Evaluations.” The present discussion is preparation for the more
specific analyses in that chapter. What are the general types of research that will
be needed to advance the development of a specialized forensic field of assess-
ment to meet the needs of the legal system and the animal maltreatment offend-
ers about whom it makes decisions?
To answer this, we can draw on a large body of work made available to us dur-
ing the past 30 years regarding the development of the field of forensic mental
health assessment (e.g., Grisso, 2003; Heilbrun, 2001; Melton et al., 2007). That
work has focused on building assessment methods for use in evaluating violent
offending, sex offending, and offending by persons with mental illnesses. It has
given rise to specialized assessment instruments to respond to a variety of legal
concerns, such as the risk of violent re-offending, competence to stand trial,
competencies in civil legal questions (such as competence related to questions of
the need for guardianship), and malingering. Attention to what has been learned
in the development of those forensic assessment methods offers some general
guidance for developing a field of forensic animal maltreatment evaluation.
The development of any assessment tool begins with a clear definition of its pur-
pose. What do we want it to measure, and to address what decision? In clinical
Building a Knowledge Base for Legal and Social Concerns about Animal Maltreatment89
Typically, an answer to the court’s “referral question” will require further inter-
pretation to arrive at meaningful concepts to be measured. For example, imagine
that courts require a way to determine an individual’s capacities to care for ani-
mals. Rarely will the law define what that means or, if it does, it will describe the
concept only in very broad terms.
Modern law, however, will not decide the matter of a person’s capacities to
perform a particular role (like animal caregiver) on the basis of clinical or per-
sonality characteristics (Grisso, 2003). The fact that a person has a major mental
disorder, or possesses certain personality characteristics, will not be sufficient to
make a legal determination that a person is not competent to care for animals or
that animals in their care are at risk. The court will require a description of the
person’s functioning: what the person actually knows, understands, believes, or
can do that is related to animal caregiving.
Given this, our task is to arrive at a set of relevant abilities that can repre-
sent the concept of an adequately functioning animal caregiver. That itself is a
topic for research, which may involve arriving at a reasonable consensus among
90 S O C I A L A N D L E G A L C ON T E X T F OR A N I M A L M A LT R E AT M E N T
behavioral and medical animal experts regarding the necessary abilities to rep-
resent the concept. As later chapters will show, that sort of consensus is begin-
ning to arise.
Validating the Tool
C O N C LU S I O N
of animal maltreatment. Later chapters in this book will show that the field has
begun to develop a scientific body of knowledge in several of the categories in
this knowledge base. They will also reveal areas in which more work is needed.
Not all of these areas can be tackled at once, so we must establish some priori-
ties. Sociographic studies tend to proceed independent of other developments in
the field, but nomothetic and assessment areas of inquiry often build on them-
selves in the order that they were described in this chapter. Most fields of sci-
ence will require some basic descriptive, retrospective, and comparative studies
before much can be done in areas of prediction and intervention. Development
of assessment methods must proceed cautiously lest they make commitments
that may later be considered ill-advised as our empirical knowledge of the nature
and causes of animal maltreatment becomes clearer.
The process has begun, but based on the progress of other fields of scientific
study related to forensic mental health issues, it will take several decades to
mature. Getting there, of course, requires that we simply take each next step as it
presents itself and persevere.
R EFER EN C ES
Andrade, J., O’Neill, K., & Diener, R. (2001). Violence risk assessment and risk manage-
ment: A historical overview and clinical application. In J. Andrade (ed.), Handbook
of violence risk assessment and treatment (pp. 3–39). New York: Springer.
Grisso, T. (2003). Evaluating competencies: Forensic assessments and instruments.
New York: Kluwer Acadamic/Plenum.
Grisso, T., & Steinberg, L. (2005). Between a rock and a soft place: Developmental
research and the child advocacy process. Journal of Clinical Child and Adolescent
Psychology, 34, 619–627.
Heilbrun, K. (2001). Principles of forensic mental health assessment. New York: Kluwer
Academic/Plenum.
Melton, G., Petrila, J., Poytress, N., & Slobogin, C. (2007). Psychological evalu-
ations for the courts: A handbook for mental health professionals and lawyers.
New York: Guilford.
Quincy, V., Harris, G., Rice, M., & Cormier, C. (1998). Violent offenders: Appraising
and managing risk. Washington, DC: American Psychological Association.
Reiss, A., & Roth, J. (eds.) (1993). Understanding and preventing violence. Washington,
DC: National Research Council.
SECTION II
Understanding Animal
Cruelty and Sexual Abuse
LACEY LEVITT ■
In this chapter, the term “physical animal cruelty” includes, but is not lim-
ited to, the intentional beating, hitting, kicking, stomping, throwing, choking/
strangling, suffocating, hanging, stabbing, shooting, poisoning, and drowning
of an animal. It also includes burning an animal with fire, fireworks, or caustic
substances. Finally, it encompasses mutilation or torture, though definitions of
the latter will vary.
Sexual abuse of animals has received considerably less scholarly attention.
Sexual abuse of an animal, often referred to as “bestiality,” includes a wide
range of sexual behaviors such as vaginal, anal, or oral penetration; fondling;
oral-genital contact; and penetration using an object (Beirne, 1997).
McMillan (2005, 2009) has argued that we should include emotional maltreat-
ment, or causing an animal distress, in discussions of animal cruelty, particu-
larly in light of the proliferation of recent research demonstrating the complexity
of animals’ emotions and the connection between emotional well-being and
physical health. Emotional abuse may include, but is not limited to, isolating an
animal, depriving him of mental stimulation or freedom of movement, or reject-
ing, abandoning, or terrorizing him.
This section reviews research on animal physical cruelty among adults and is
followed by a similar section reviewing research on juveniles and family-related
animal abuse. It is organized according to various populations that have been
studied, including the general population, animal abusers generally, animal
abusers with various disorders (psychiatric, substance abuse, psychopathy), and
incarcerated adults. There is some overlap of content across these topics because,
while they are grouped according to their sample populations, they sometimes
provide information related to other population characteristics. For example, a
study beginning with a general population may provide information regarding
the relation of physical animal cruelty to people’s criminal histories or to various
mental disorders.
Importantly, because the FBI did not begin collecting data on animal cruelty
offenses in their National Incident-Based Reporting System until 2015 (Wisconsin
Department of Justice, 2014), the data will not be available until at least 2017,
and local studies were not aggregated, there is not yet a national estimate of the
incidence or prevalence of animal cruelty (Schmitt, 2014). However, in the first
study of its kind, Vaughn and colleagues (2009) examined sociodemographic
and psychiatric correlates of animal cruelty in the United States. As part of the
National Epidemiologic Survey on Alcohol and Related Conditions, they com-
pleted 43,093 structured psychiatric interviews of adults living in households
Understanding Animal Cruelty and Sexual Abuse97
and group settings (such as shelters and college dormitories) across the country.
Animal cruelty was assessed with an item embedded in the antisocial personal-
ity disorder interview module. All respondents were asked: “In your entire life,
did you ever hurt or be cruel to an animal or pet on purpose?” Respondents who
answered yes were defined as having a history of animal cruelty. Results revealed
that 1.8% of the individuals interviewed reported having hurt or been cruel to an
animal on purpose. Males, younger persons, and individuals with lower income
levels were more likely to report having committed animal cruelty during their
lifetimes. Moreover, the prevalence of all antisocial behaviors was higher among
individuals who had committed animal cruelty compared to those who had not.
Those who reported having committed animal cruelty were disproportionately
likely to report robbing or mugging another person, fire-setting, and harassing
or threatening someone.
Although the aforementioned study is important, we do not have a stable or
reliable estimate of prevalence of animal cruelty in the general population. Such
an estimate is not easy to obtain. Although there exist estimates of animal mal-
treatment among college students (Flynn, 1999; Henry, 2004; Miller & Knutson,
1997), there is no reason to believe that college students are representative of
the “general population.” Prevalence may vary geographically. Studies differ
in their definition of “animal cruelty” and in how they ask the question. And
self-reported incidents of animal cruelty may vary because of surveying condi-
tions that offer more or less protection from anonymity. In addition, animal cru-
elty may be underreported because of the social undesirability of the act (Wilson
& Norris, 2003) and because it is often a solitary, secretive activity others may not
be aware of (Felthous & Kellert, 1987). The field will be limited in its ability to
identify the relation of animal cruelty to various pathological conditions without
a general population benchmark.
Gullone (2011) points out that antisocial behaviors such as stealing, burglary,
vandalism, sexual assault, and violence co-occur such that the presence of one
form of antisocial behavior predicts the presence of others. Animal cruelty is
one form of antisocial behavior. Therefore, she argues, it should be considered
an indicator of other forms of antisocial behavior and violence. The research
described here suggests that among individuals investigated for animal cruelty,
one often finds other forms of criminal behavior as well. In what is apparently
the first study to examine a sample of animal abusers, Hutton (1983) investigated
23 families who, according to the Royal Society for the Prevention of Animal
Cruelty, had a history of animal abuse and neglect. Of those families, 19 (82.6%)
were known to local social service departments and 14 (60.8%) were known to
the local probation department for reasons other than animal abuse. More spe-
cifically, eight of the families involved children at risk, five involved physical vio-
lence, and five involved child neglect. In addition, the types of abuse perpetrated
98 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
upon the animals paralleled those perpetrated on the humans in the home.
Hutton concluded that “animal abuse may be symptomatic of similar dynamics
within the larger family group” (p. 446) but acknowledged that “abuse” was not
properly defined in his study.
Clarke (2002) reviewed the criminal histories of 200 individuals with a record
of animal abuse in New South Wales, Australia. Police databases revealed that
the individuals had an average of four different types of criminal offenses each;
only two of the 200 had convictions solely for animal cruelty. Many had been
arrested for assault (61.5%) including domestic violence. Seventeen percent of
the animal abusers were also arrested for sexual abuse, and animal abuse was a
better predictor of sexual assault than previous convictions for firearms offenses
or homicide.
In another study of Australian offenders, Gullone and Clarke (2008) exam-
ined the criminal histories of animal cruelty offenders arrested between 1994
and 2001. The majority of animal abusers were male, and the peak period of
offense occurred between the ages of 18 to 25. When compared with all offenders
in the Statistic Services Division of Victoria Police Department’s records unit,
the animal offenders appeared more violent. More specifically, 25% of the ani-
mal abuse offenders committed crimes against a person compared to 8% of the
other offenders. The authors concluded that “there appears to be a greater likeli-
hood that people alleged to have abused animals will engage in offenses against
the person, including violent crimes, when compared to all alleged offenders”
(Gullone & Clarke, 2008, p. 315). The Australian findings support Osgood,
Johnston, O’Malley, and Bachman’s deviance generalization hypothesis (1988),
which holds that a variety of deviant behaviors are positively correlated with one
another because one form of deviance leads to involvement in others or because
various forms of deviance have the same underlying causes. Individuals who
commit animal maltreatment would thus be likely to commit other forms of
deviant behavior as well.
Arluke and colleagues (1999) examined the criminal records of 153 ani-
mal abusers who had been investigated by the Massachusetts Society for the
Prevention of Cruelty to Animals (MSPCA). Sixty-nine percent of the cruelty
incidents involved dogs, 22% involved cats, and 9% involved other animals. The
researchers compared the animal abuse group, which ranged in age from 11 to
76, to 153 control participants matched by gender, socioeconomic status, age, and
residence. Findings indicated that animal abusers were significantly more likely
to be involved in other forms of criminal behavior, including violent offenses.
Seventy percent of the animal abuse group committed at least one offense com-
pared to only 22% of the control participants. Moreover, 37% of the animal abus-
ers had committed a violent crime compared to only 7% of the control group.
Thus, animal abusers were 3.2 times more likely to have a criminal record and
5.3 times more likely to have a violent criminal record than matched control
participants. They were also four times more likely to be arrested for property
crimes, 3.5 times more likely to be arrested for drug crimes, and 3.5 times more
likely to be arrested for disorderly behavior. Interpretations of this study are
Understanding Animal Cruelty and Sexual Abuse99
limited by the fact that nearly three-fifths of the participants were under the age
of 21, so that implications of the study across the adult age span are uncertain.
Also, the authors relied solely on state computerized criminal records, and there-
fore some of the individuals in the control group may have committed acts of
animal cruelty for which they were not charged.
Arluke and colleagues (1999) found that animal abuse was no more likely
to precede than follow other criminal offenses, including violent ones, in the
criminal histories of animal abusers. In other words, offenders did not appear
to be “graduating” from animal cruelty to interpersonal violence. However,
the authors noted that offenders may have committed multiple acts for which
they were not arrested, thus the temporal sequence of their offending cannot
be assured. If the offenders were not graduating from animals to humans, the
authors speculated that the offenders could be graduating from distant to inti-
mate targets, such as being abusive towards individuals in the community and
then towards one’s own dog. Alternatively, of course, animal abuse may desen-
sitize a perpetrator to suffering, serve as a rehearsal for abuse of humans, and
embolden the perpetrator if his acts went undetected, all of which could pave the
way for interpersonal violence.
Sergeant Brian Degenhardt of the Chicago Police Department conducted a
statistical summary of offenders charged with animal cruelty (2008). Degenhardt
examined 332 Chicago Police Department arrest records (over a period of three
consecutive years) of individuals charged with crimes against companion ani-
mals. He found that 91% of the animal abusers were male, 41% were between the
ages of 18 and 24, 33% were between the ages of 25 and 34, and at least 59% were
confirmed members of criminal street gangs. Eighty-six percent of the cruelty
offenders had two or more other arrests in their history, 70% had been arrested
for other felonies, and 65% had been arrested for battery. Thirty-six (13%) of the
animal abusers were convicted sex offenders: 11 were convicted of sexual assault
by the use of force, and 7 committed predatory sex offenses involving victims
age 12 or younger. In addition, 70% had been arrested for illegal narcotics, most
commonly for selling, delivering, or trafficking. Degenhardt concluded that ani-
mal abusers “regularly victimize humans with their criminal activities” (p. 2).
Unfortunately, although Degenhardt claimed to have selected a control group
of offenders with no animal cruelty arrests, the report did not include compara-
tive arrest data for the control group. The study also did not report percentages
of each type of animal cruelty offender included in the study (e.g., how many of
the animal abusers were convicted of dog-fighting as opposed to animal torture).
In conjunction with a FBI study of the criminal histories of animal cruelty
offenders, Levitt (2011) reviewed the arrest reports and criminal histories of
150 adult males who were arrested for animal cruelty, animal neglect, or ani-
mal sexual abuse between 2004 and 2009. Records indicated that a minimum
of 41% of the offenders in the sample were arrested for interpersonal violence
at least once, 18% were arrested for a sex offense such as rape or child molesta-
tion, and 28% were arrested for another interpersonal crime, most commonly
violating a restraining order or harassment. Significant relationships emerged
100 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
between physical abuse of animals (e.g., beating, drowning) and the follow-
ing variables: subsequent arrest for an interpersonally violent offense, assault
of a spouse or intimate partner, and substance abuse; 38% of active offenders
had been arrested for domestic violence and 64% had a history of substance
abuse. Finally, approximately one-third of those who had been arrested for
sexually assaulting an animal were also arrested for sexually assaulting a per-
son. This study was limited by the use of nonrandom sampling and the lack of
a control group.
Although the aforementioned studies have examined the criminalities of
animal cruelty perpetrators, there are limitations in this literature. First, some
of the research is not widely available. Clarke’s initial data were part of an “in
confidence” research publication that was not released to the public because
it contained sensitive law enforcement information (Gullone & Clarke, 2008).
Degenhardt’s (2008) study was also unpublished and, as previously mentioned,
omitted information regarding the control group and frequencies of various
types of animal cruelty incidents. Secondly, most of the studies were limited to
specific geographic regions. For example, Arluke and colleagues’ well-designed
1999 study focused only on cruelty incidents investigated by the MSPCA in
Massachusetts. Hutton (1983) and Gullone and Clarke’s (2008) studies focused
exclusively on cruelty offenders outside of the United States. Levitt’s study
(2011) included the Criminal Justice Information Systems record of offenders
for only six months to a maximum of five years following their arrest for animal
maltreatment; the offenders may have committed other crimes which were not
included on the criminal histories readily available to the FBI. Nevertheless,
as a body, these studies suggest that clinicians investigating persons charged
with animal cruelty should routinely seek information about other types of
offending as well.
Psychopathy
Kavanagh, Signal, and Taylor (2013) asked respondents to complete an online
questionnaire measuring “the Dark Triad” (narcissism, Machiavellianism, and
psychopathy), attitudes towards animals, and acts of animal cruelty. Their sam-
ple consisted of 227 adults, the majority of whom were Australian and female;
psychopathy was measured with the Self-Report Psychopathy Scale III. Higher
levels of psychopathy were modestly correlated with having intentionally killed
a stray, feral, or wild animal for no good reason, and having intentionally hurt or
tortured an animal for the purpose of causing pain. The authors concluded that
the callous and manipulative attitudes and behaviors toward others that charac-
terize the Dark Triad are applicable in relations with both humans and animals.
More recent research has explored this behavior with a closer examination
of the context in which it was occurring. In their study of 269 male sex offend-
ers in Colorado prisons, Simons, Wurtele, and Durham (2008) found that 38%
of child sexual abusers reported engaging in sexual contact with animals dur-
ing childhood, compared to 11% of rapists. In general, the child sexual abusers
reported a more heightened sexualized childhood; they were more likely than
rapists to have been sexually abused and exposed to pornography. Sixty-eight
percent of rapists reported engaging in acts of childhood cruelty towards ani-
mals, compared to 44% of child sexual abusers. Rapists reported generally more
violent childhoods; they were more likely than child sexual abusers to have
experienced physical and emotional abuse and parental violence. The average
age of onset for sexual contact with animals for child sexual abusers was 12
whereas the average ago of onset for cruelty to animals among rapists was 10.
The average age of onset of sexual offending was 14 for child sexual abusers and
16 for rapists, suggesting that the maltreatment of animals may precede inter-
personal sexual offending.
We must be careful not to conclude from these results that all children who
sexually or physically abuse animals will become sex offenders, or that child-
hood animal abuse invariably predicts future sexual offending. Among all of
those children who abuse animals, perhaps only a minority become sex offend-
ers. Yet Simons, Wurtele, and Durham’s study provides important information
about the constellation of factors accompanying animal maltreatment that may
signal a particularly at-risk juvenile as well as the need for secondary prevention
for youth manifesting these developmental risk factors.
O’Grady, Kinlock, and Hanlon (2007) also examined the developmental
experiences of prison inmates, represented in this study by 183 drug-abusing
men and women in Maryland. Interviews revealed that 30.1% (n = 55) of the
inmates deliberately hurt animal(s) during their youth. Moreover, a childhood
history of torturing animals was significantly related to later violent crime. Of
the 55 participants who had deliberately hurt animals as a child, only one inmate
(1.8%) had no history of violent crime, while 29 (52.7%) inmates had attempted
to or committed murder. Thus, within a population of inmates, a history of tor-
turing animals as a child was strongly related to membership in the murder or
attempted murder group. Torture of animals was also related to early engage-
ment in criminal activity (on average, prior to age 10) and a high degree of family
deviance (parent or sibling substance abuse, criminal activity, and/or abuse of
other family members). Results from studies of this type do not mean that tor-
turing animals predicts later murder convictions. It means that they are related
within a prison population, but this would not likely be the case if one began
with a general community sample.
Levin and Arluke (2009) reviewed the histories of 44 serial killers who had
tortured their victims. Among them, 73% had reportedly also injured or killed
animals and 55% tortured the animals they abused. At least 18 of the 24 serial
killers who tortured animals did so using the same methods they used for tor-
turing their human victims such as decapitation or strangling, and the majority
106 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
(71%) tortured animals they did not know, just as serial killers typically target
strangers. The authors point out that many “normal” individuals report a his-
tory of harming animals in childhood and opine that perhaps it is incidents of
animal abuse in which a socially valued, anthropomorphized animal such as a
cat or dog is tortured in a “hands on” manner that predicts subsequent violence
against humans.
Along these lines, Felthous and Kellert (1986) suggested that among youth
who perpetrate childhood animal cruelty, the nature of it may be qualitatively
different (e.g., severity, frequency, type of animal) for those who graduate to
adult offending and those who do not. For example, it is not uncommon for
boys to play with BB guns and bows and arrows, particularly in certain geo-
graphic regions. Animals often become the target, though the boys’ intent
was not to inflict pain on the animal whose suffering may be an afterthought.
Likewise, Dadds, Turner, and McAloon (2002) noted that certain dimensions
or features of childhood cruelty to animals may be meaningful in evaluating
aggressive individuals. These features include direct involvement, variety of
cruelty acts, variety of species victimized, victimization of socially valued spe-
cies (e.g., pets), lack of self-restraint, motivations for cruelty (e.g., causing pain
versus seeking a caregiver’s attention), enjoyment of the animal’s pain, and
lack of remorse. The nature and frequency of animal cruelty behavior in the
childhoods of violent offenders compared to non-offenders has not been stud-
ied extensively.
Finally, special mention should be made of studies examining the so-called
“homicidal triad” of symptoms—enuresis, fire-setting, and cruelty to ani-
mals. It has long been claimed that if these are exhibited in childhood, they
are predictive of aggressive violent crimes in adulthood. This triad was widely
utilized by clinicians in the prediction of dangerousness during the 1970s and
early 1980s (Diamond, 1974; Monahan, 1981) and exemplified in the histo-
ries of serial killers such as Ken Bianchi (one of the “Hillside Stranglers”)
and Richard Chase (the California “Vampire Killer”) (Stone, 2001). It was first
examined by MacDonald (1963), who studied 100 patients of the Colorado
Psychopathic Hospital admitted for making homicidal threats. He found that
the childhood triad of animal cruelty, firesetting, and enuresis was “often
encountered” in the “very sadistic patients” (pp. 126–127) and concluded that
it was “an unfavorable prognostic factor in those who threaten homicide”
(p. 130). However, in a later study he did not find it to be a useful predictor
of future violence (1968). In a retrospective study, Hellman and Blackman
(1966) compared 31 prisoners charged with aggressive crimes to 53 prison-
ers charged with nonaggressive crimes. Twenty-three (74%) of the former had
the full triad while only seven of the latter had the full triad and eight more
had a history of part of the triad (28%). Langevin and colleagues (1983), on
the other hand, found that the triad was not a useful predictor of homicide in
their study. Because of the methodological limitations of these studies, firm
conclusions regarding the validity of the triad in predicting future violence
cannot be determined at present.
Understanding Animal Cruelty and Sexual Abuse107
Also using a community sample, Henry (2004) surveyed 169 college students
and found that those who reported perpetrating animal cruelty had significantly
higher scores on a delinquency measure than those who did not report a history
of animal cruelty. In other words, they were significantly more likely to report
greater involvement in a variety of antisocial behaviors, both within the previous
year and over the course of their lives.
Becker, Herrera, McCloskey, and Stuewig (2004) used a prospective design
to investigate relationships among family risk factors, childhood firesetting
and animal cruelty, and adolescent delinquency. Results from their sample of
children in a battered women’s shelter revealed that animal cruelty was not
associated with a referral to juvenile court, but it was related to self-report
measures of nonviolent (r = 0.14, p < .05) and violent (r = 0.19, p < .01)
delinquency.
Using prospective data from a longitudinal study, Walters (2014) analyzed
interviews with 1,336 culturally diverse individuals between ages 14 to 19 who
had been adjudicated delinquent in Philadelphia or Phoenix; most of the youth
were male. Walters found that when pre-baseline covariates (age, sex, race,
early onset of behavior problems) were controlled, childhood animal cruelty
was related to subsequent aggressive and non-aggressive (income) offend-
ing, though effect sizes were modest. There was evidence that the relationship
between animal cruelty and subsequent offending was mediated by several cog-
nitive and personality variables, particularly hostility and callousness. Walters
concluded that results were congruent with a deviance generalization inter-
pretation of the relationship between animal cruelty and offending, wherein
cruelty toward animals is conceptualized as a symptom of low self-control or
general deviance.
However, as previously mentioned, a single and fairly minor animal cru-
elty act alone may have little value in predicting future serious offending,
because it appears to be fairly common in American boys. For example, in a
study of college students, Flynn (1999) found that 34.5% of the 84 males (and
9.3% of females) reported engaging in at least one act of animal cruelty in
childhood/adolescence. Yet Myers, Burgess, and Nelson’s (1998) study of 14
incarcerated juveniles who committed or attempted sexual homicide found
that 29%, about the same prevalence as among Flynn’s general sample, had
a history of cruelty to animals. Of the 299 predominantly male Iowa prison
inmates surveyed by Miller and Knutson (1997), 36 reported having killed a
pet, 98 reported having killed a stray, and 49 reported having hurt an animal
in childhood or adolescence. For comparison purposes, the authors then sur-
veyed 308 undergraduates (57% of whom were female), and found that 20.5%
endorsed having engaged in at least one act of animal cruelty in childhood;
10 reported having killed a pet, 44 reported killing stray animals, and 30
reported intentionally inflicting pain on an animal in order to tease or tor-
ture them. Finally, one study using an anonymous survey found that 10% of
male adolescents and 9% of female adolescents admitted committing animal
cruelty (Ascione, 2001).
Understanding Animal Cruelty and Sexual Abuse109
Conduct Disorder
A history of animal cruelty has been found in 29.4% of boys with conduct disor-
der (Loeber, Keenan, Lahey, Green, & Thomas, 1993). Indeed, animal cruelty is
highly indicative of conduct disorder. One study using data gathered from 440
children and adolescents who had been referred to mental health clinics found
that positive predictive power (PPP) for cruelty to animals was .82, meaning that
82% of children displaying animal cruelty (per the report of adults close to them)
received a conduct disorder diagnosis (Frick et al., 1994). This finding suggests
that animal cruelty does not exist in isolation but is typically but one of a constel-
lation of deviant behaviors.
It is important to interpret those results with caution. Considered together,
these studies suggest that most conduct-disordered youth (70%) do not engage
in animal abuse. However, when one encounters a preadolescent or adolescent
who has been referred to a mental health clinic (typically because of some serious
behavior disorder) and who is cruel to animals, the chances are 80% that he or
she meets criteria for conduct disorder. Note also that this does not suggest that
cruelty to animals in adolescence is necessarily related to later antisocial behav-
ior in adulthood. Most youth with conduct disorder do not receive a diagnosis of
antisocial personality when they reach adulthood.
The early onset of conduct disorder (e.g., prior to age 10) is typically associated
with a poorer prognosis (APA, 2013). Cruelty to animals, then, may be a par-
ticularly important warning sign because it is one of the earliest reported symp-
toms of conduct disorder. In clinical samples, the median age of onset of animal
cruelty reported by parents is 6.5 years, meaning that it is observed earlier than
bullying, cruelty to people, vandalism, or fire setting (Frick et al., 1993). Notably,
children in clinical samples who are cruel to animals exhibit more symptoms of
conduct disorder than other children; animal cruelty may be a marker of a sub-
group of youth with conduct disorder who have a poorer prognosis (Luk, Staiger,
Wong, & Mathai, 1999).
To examine the utility of individual DSM-IV CD symptom criteria in
predicting the progression from conduct disorder to antisocial personal-
ity disorder, Gelhorn, Sakai, Price, and Crowley (2007) used a national
110 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
their pet compared to 12.5% of women in the community group. Moreover, 54%
of the abused women reported that their partner had actually harmed or killed
their pet compared to 5% of the women in the community. The majority (66.7%)
of the abused women’s children reported having seen or heard one of their pets
hurt. Overall, 22.8% of the abused women reported that concern for their pet
delayed them from seeking refuge in a domestic violence shelter; among women
whose pet(s) had been abused and threatened, 34.3% had delayed seeking refuge.
The strongest predictors of threats to pets were the Conflict Tactics Scale’s Minor
Physical Violence and Verbal Aggression subscales whereas the strongest predic-
tors of actual harm to or killing of pets by a partner were the women’s shelter
or nonshelter status and the Severe Physical Violence subscale of the Conflict
Tactics Scale. According to DeGue (2011), this suggests that the severity of ani-
mal cruelty may increase as a function of the increasing severity of interpersonal
violence.
Loring and Bolden-Hines (2004) studied women who had had a pet in the
past year and were clients of a family violence center specializing in emotional
and physical abuse of adults who had legal charges. The women lived in rural
and urban areas, mostly in the southern United States. Their ages and family
incomes ranged considerably. Each met criteria for posttraumatic stress disor-
der. Fifty-four of the 72 women (75%) reported that their batterer had abused
their pet. Twenty-four of the women reported that their partner harmed a pet
in order to force the women to commit an illegal act(s) including robbery, fraud,
and/or drug-trafficking. All 24 coerced women reported committing the illegal
act(s) so that her pet would not be hurt (Loring & Bolden-Hines, 2004).
In another study involving a criminal population, researchers interviewed 38
incarcerated men in Utah who had a violent intimate relationship in which a
pet was present. Fifty-five percent of these men acknowledged abusing or kill-
ing the pet (Ascione & Blakelock, 2003). Those who acknowledged pet abuse
also reported higher rates of forcing their partner to engage in anal and/or oral
sex, firesetting, and punching, kicking, or biting others. Jorgenson and Maloney
(1999) also queried abusive men about their treatment of pets in the home. Only
1% of the 1,354 males surveyed acknowledged committing animal cruelty, a fig-
ure that stands in contrast to the much greater percentage of battered women in
the study who reported that their partners had abused the family pet(s).
A significant percentage of battered women delay fleeing to a shelter out of
concern for the welfare of their companion animals. Proportions vary from 18%
(Ascione, 1998; Flynn, 2000b), 33% (Volant, Johnson, Gullone, & Coleman, 2008),
and 43.5% (Fitzgerald, 2005) to 48% (Carlisle-Frank, Frank, & Nielsen, 2004).
The relationship between domestic violence and animal abuse is evident in
other countries as well. In Australia, researchers matched a group of 102 women
utilizing domestic violence services in Victoria to a comparison group of 102
women in the community whose relationships were not abusive. Approximately
53% of the women in the domestic violence group reported that their part-
ner had abused their pet compared to none of the women in the comparison
group. Forty-six percent of the battered women reported that their partners
116 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
had threatened to harm their pets compared to 5.8% of the women who were
not abused (Volant, Johnson, Gullone, & Coleman, 2008). However, because
this study, like the aforementioned American studies, used narrow recruitment
methods, they may not be representative of all domestic violence victims. A 2012
New Zealand study involved a survey of 203 Women’s Refuge clients (current or
former domestic violence victims). Of these, 36.5% reported that a pet or other
animal had been injured or killed some time in their violent relationship, most
commonly within the past two years. In approximately 90% these instances, it
was the woman’s abusive partner who had harmed the animal(s). Approximately
one-third of survey respondents reported having stayed in the relationship either
“somewhat” or “completely” out of fear that their partner would injure their ani-
mal (Roguski, 2012).
Two Canadian studies also examined the treatment of pets in domestic
violence households. The Ontario SPCA surveyed 111 women in 30 domestic
violence shelters in the province who had pets in the past year. Of those, 44%
reported that their partner had abused or killed one or more of their pets; 43% of
the women reported that concern over their pet’s welfare prevented them from
leaving the abusive situation sooner (Daniell, 2001). McIntosh (2001) surveyed
65 women in a Calgary domestic violence shelter who reported having had one
or more pets in the past year. Of those, 47% reported that their partner hurt or
killed a family pet; 25.4% delayed coming to a shelter due to concern for their
pet(s). As in other studies, many of the women reported that their children had
witnessed the abuse of family pets and some expressed concern that their chil-
dren had harmed or killed animals themselves.
Most of the studies described here concerned women who eventually sought
refuge in battered women’s shelters. It is worth noting that women with even
stronger attachments to their pets may be underrepresented in these studies
because of their reluctance to go to shelters, most of which prohibit animals
(Long, Long, & Kulkarni, 2007). In addition, factors such as socioeconomic sta-
tus and social support networks influence whether a woman will seek refuge in
a shelter (McPhedran, 2009). Thus, much less is known about animal cruelty in
the homes of domestic violence victims who have remained with their batterer
or sought safety with friends or relatives (Ascione et al., 2007).
Examinations of animal abuse behaviors among domestic batterers typi-
cally focus on abuse by men. However, Febres and colleagues (2012) surveyed
87 women arrested for domestic violence, most of whom were Caucasian. A
history of animal abuse (which the authors conceptualized as encompassing
threats, neglect, and physical cruelty) was overrepresented in the sample: 17%
committed at least one act of animal abuse since age 18, compared to the 0.28%
prevalence rate reported in the general population (Vaughn et al., 2009). Women
who reported committing animal abuse as an adult showed moderately higher
rates of psychological aggression and physical assault perpetration against their
partners, relative to women who did not report a history of animal abuse. In a
parallel study of 307 primarily Caucasian men arrested for domestic violence
in Rhode Island, Febres and colleagues (2014) found that 41% reported having
Understanding Animal Cruelty and Sexual Abuse117
committed animal abuse since age 18, compared to the 1.5% prevalence rate in
the general population (Vaughn et al., 2009). Psychological and physical inti-
mate partner violence (overall and severe), antisocial traits, alcohol use, total
adulthood animal abuse, and physical animal abuse were all positively and sig-
nificantly correlated with each other. However, adulthood animal abuse was not
significantly associated with overall psychological aggression or severe physi-
cal aggression above and beyond antisocial personality traits and alcohol use
(Febres et al., 2014).
Child Abuse
DeViney, Dickert, and Lockwood (1983) surveyed the treatment of animals in 53
families in which children had been physically or sexually abused or neglected.
A social services staff member who worked with the family interviewed an adult
or teenager in the family home so that he or she could observe interactions with
pets directly. Based on the families’ self-report and caseworkers’ observations,
the researchers determined that pets had been abused in 60% of the families,
most frequently by both parents. Children had clearly been physically abused in
19 of the families; in 17 of those 19, animals were also abused. The authors noted
that 50% of the animal abusers with more than one pet differentiated between
their “good” pet and their “bad” pet, a theme that is common in child abuse
cases (DeViney, Dickert, & Lockwood, 1983).
Child molesters may threaten or actually harm their victims’ pets in order
to coerce the child into remaining silent about the abuse (Adams, 1994; Arkow,
2007). Abusers may physically harm animals in order to intimidate, control,
frighten, or upset children who they are not molesting as well (DeGue & DiLillo,
2009). Parents may also force children to participate in the abuse of a pet in order
to “toughen them up” (Loar, 1999).
DeGue and DiLillo (2009) surveyed 860 college students, the majority of whom
were white and female. Victims of family violence were significantly more likely
to report experiencing animal cruelty as a witness or perpetrator than nonvic-
tims, with 26.8% of victims reporting exposure to animal abuse. Specifically,
participants who witnessed animal abuse were significantly more likely to report
a history of child physical abuse, emotional abuse, and severe domestic violence
than participants who did not witness it. Witnessing and perpetrating animal
cruelty increased the odds of child abuse or domestic violence exposure by 1.5 to
2 times. Further, individuals who reported abusing animals were more likely to
report a history of sexual abuse, physical abuse, and neglect than nonperpetra-
tors. In sum, approximately 60% of individuals who witnessed or perpetrated
animal abuse also experienced family violence. The authors concluded that ani-
mal cruelty may prove a reliable marker for other forms of family violence as
child maltreatment or domestic violence may be present in many or even the
majority of homes in which animals are abused.
Brennen and colleagues (2010) surveyed 993 adults in the Bahamas, approxi-
mately half of whom lived with pets. Violence was used to train pets in approxi-
mately one quarter of the homes with pets, and pets were intentionally harmed
118 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
in 14.6% of homes. In 272 of the homes where there were both pets and chil-
dren, 11.4% contained domestic violence, child abuse, and pet abuse. Pets
were hit as a means of discipline in 54.5% of the homes in which spanking
was considered abuse compared to 23.5% of the homes in which spanking was
not considered abuse. Furthermore, in 45.5% of the homes in which spanking
was considered abuse, the abuser was the same person who hit the pet (compared
to 7.9% in homes in which the spanking was not considered abuse). The authors
concluded that people who harm pets could be at a higher risk of harming chil-
dren and may need counseling.
Girardi and Pozzulo (2012) surveyed child protection workers in Ontario,
Canada about the significance of animal cruelty when completing child protec-
tion investigations. Of the 78 workers who completed the online questionnaire
(reflecting a low response rate), 28% endorsed directly observing caregivers
(mostly fathers and stepfathers) physically harming animals during investiga-
tions in the past year, and 45% reported directly observing children doing so. In
addition, 44% endorsed observing evidence (e.g., visible injuries) that an animal
had been abused, and 95% endorsed observing evidence of animal neglect dur-
ing the investigations in the previous year.
Elder Abuse
As with child abuse, many of the same factors place dependent, elderly adults
and companion animals at risk for abuse. Dependent elders require substantial
supervision. Their limited mobility and/or physical maladies may lead to bore-
dom, frustration, and, consequently, complaining. Incontinence may be the
breaking point that propels the caregiver towards abusive behavior (Loar, 1999).
Abusers’ drug and alcohol abuse may also play a part, as may the social status of
both groups: elders and animals are typically looked down upon by others, an
attitude which facilitates abuse (Rosen, 1995).
Ascione asserted that some caregivers may abuse their elderly parent’s pet as
a way to punish their parent for abusing them when they were children (Rosen,
1995). Alternatively, an individual may abuse or threaten to harm an animal
in order to intimidate an elderly person into signing over assets or property.
According to Rosen (1995), “Pets and grandmas get bloodied, neglected and
raped for the same reasons: greed, anger, frustration and ignorance” (p. 2). The
elderly person may be dependent on the abuser (financially or otherwise) and
thus reluctant to report the abuse (Petersen & Farrington, 2007).
Lockwood (2002) argues that pets are typically more visible victims than mis-
treated elderly persons. The presence of a mistreated pet, then, can signal that an
older person may be suffering as well (Rosen, 1995).
In 2001, the Humane Society of the United States and the National Center on
Elder Abuse distributed questionnaires to Adult Protective Service caseworkers
and supervisors nationwide regarding animal cruelty and elder abuse. Of the
nearly 200 respondents, 35% reported that clients talked about pets having been
threatened, injured, killed, or denied care by a caregiver. More than 45% of the
respondents reported that they have encountered evidence of abuse or neglect
Understanding Animal Cruelty and Sexual Abuse119
A N I M A L S E X UA L A B U S E
The sexual abuse of animals includes a wide range of sexual behaviors such
as vaginal, anal, or oral penetration; penetration using an object; oral-genital
contact; and fondling. In their sample of 28 cases of sexual abuse of small
animals (53 dogs, 4 cats, and 1 rabbit) in the United Kingdom, Munro and
Thrusfield (2001) found that most involved either penile penetration or
insertion of a foreign object (such as a broomstick or knife) into the animal’s
vagina or rectum. They concluded: “the range of injuries in abused animals
reported here mirrors, by and large, the spectrum identified in human vic-
tims” (p. 336).
According to Beirne (1997), this abuse may be conceptualized as inter-
species sexual assault because the human has power and control over the
animal including most aspects of the animal’s welfare. In this way, the sex-
ual abuse of a pet is arguably akin to the sexual abuse of a dependent child.
Also like children, animals are unable to consent to humans in a clear
and unambiguous manner (Beirne, 1997). A proclivity for exploiting them
may ref lect a preference for abusing those who are unable to voice con-
sent or opposition (Sandnabba, Santtila, Nordling, Beetz, & Alison, 2002).
Nearly half of all states in the United States require individuals convicted
of having sex with animals to register as sex offenders (National District
Attorneys Association, 2014), which could suggest that lawmakers believe
that individuals who sexually assault animals pose a risk to humans. It
is also illegal to create, sell, distribute, or exchange “animal crush vid-
eos,” sexual fetish films that typically depict women, often in high-heeled
shoes, torturing and killing small animals (Tallichet & Hensley, 2013;
Williams, 2014).
120 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
Prevalence
The sexual abuse of animals may be more common than one might think, at least
among certain populations. For example, in a 1991 prevalence study, Alvarez and
Freinhar found that 6 of the 15 male psychiatric patients (40%) queried endorsed
having had sex relations with an animal. Based on their study of 5,300 men,
Kinsey et al. (1948) estimated that 8% of white American males had engaged in
sex with animals; however, Kinsey’s nonrandom sampling and aggressive inter-
view style call into question the generalizability of his results (Beirne, 2001). In a
sample of 267 college students, 2.4% of the male sample reported having engaged
in sex with an animal (Flynn, 1999). Sexual contact with animals may particu-
larly common in regions in which it is more culturally accepted and/or in rural
areas. Zequi and colleagues (2012) questioned 118 penile cancer patients and
374 controls from mostly rural Brazilian cities. One hundred and seventy-one
(34.8%) of the men reported having had sex with animals, and 29.8% reported
having had sex with animals with a group of men. The majority of subjects (60%)
practiced sex with animals for over one to five years, and mares and donkeys
were the most commonly abused.
It is important to note that prevalence rates of animal sexual abuse may be
underreported, even among offender populations. For example, when English,
Jones, Patrick, and Pasini-Hill (2003) interviewed 180 convicted sexual offenders,
mostly males convicted of crimes against children, approximately 4% acknowl-
edged having had sex with animals. However, after a polygraph administration
and treatment process, 36% admitted to having had sex with animals. Likewise,
in a survey of 32 juveniles adjudicated for “severe contact” sexual offenses, 37.5%
endorsed having had sex with animals on a true-false questionnaire but 81.2%
admitted to having had sex with animals during a polygraph administration
(Schenk, Cooper-Lehki, Keelan, & Fremouw, 2014). According to Maher and
Pierpoint (2012), recent community samples of individuals reporting that they
have had sex with animals indicate that the majority are male, Caucasian, single,
and with at least a college-level education.
2006). Adams (1995) likened zoophiles to child sexual abusers in that they often
view the sexual acts as consensual and mutually enjoyable.
Zoosadists derive sexual pleasure from sadistic activities with an animal such
as torture. Necrozoophilia, also known as necrobestiality, involves a sexual
attraction to dead animals. Aggrawal (2011) also differentiated between “oppor-
tunistic zoosexuals,” who would be content with sex with humans but partake
in sex with animals if the opportunity arises, and “classic zoophiles,” who prefer
sex with animals over sex with humans. He identified a subclass of the latter as
“regular zoophilia by proxy,” wherein an individual may force his or her partner
to engage in a sexual act with an animal. Aggrawal based these and other pro-
posed classes of zoophilia on a 10-tier classification of necrophilia.
Animal sexual assault may be perpetrated by adolescents who have easy access
to animals and seek to experiment with them. Particularly in rural, agricultural
areas, adolescents may lack other outlets for their sexual urges and/or become
aroused by the sight of animals having sex with one another (Kinsey, Pomeroy, &
Martin, 1948; Kinsey, Pomeroy, Gebhard, Martin, 1953). Males may satisfy their
sexual urges with animals when females are not present or sexually available
(Nagaraja, 1983). Youth may also engage in such behavior out of cruelty, in order
to show off for other boys, to learn sexual techniques they could later use on girls,
or simply out of curiosity (Beirne, 1997).
Individuals may sexually abuse animals because they feel isolated (Cerrone,
1991), embarrassed, insecure, or fearful of rejection (Beetz, 2004). They may
become accustomed to exploiting or controlling others for their own sexual
gratification (Humane Society of the United States, 1999). In a study of 93 adults
who reported having sexual relationships with animals, half acknowledged forc-
ing an animal into sexual contact, 9% admitted to forcing a human to participate
in a sexual act he or she did not want to do, and 3% admitted to raping another
person (Miletski, 2002). In their study of 51 chronic zoophiles, Peretti & Rowan
(1982) found that the zoophiles had difficulty relating to other humans. The men
explained that they did not have to spend time or money on their interaction
with animals. Rather, the interactions were simple, straightforward, and free of
pretense. Some of the men viewed human social interactions as basically super-
ficial and opted for a sexual outlet instead of enmeshment in a relationship. They
could engage in various sexual practices such as anal penetration without having
to persuade their partner or worry about their own performance. Some reported
using animals to act out rape or other sadistic experiences. These motives may
also be those of patrons of animal brothels in which tourists pay to have sex with
dogs, horses, and other animals. Such establishments have reportedly sprung up
in the United States (Sullivan, 2010) and abroad in countries such as Denmark
(e.g., King, 2014; Nadeau, 2012).
122 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
There are still other theories regarding the motivations for sexually abusing
animals. Individuals who have been sexually abused may act out their abuse on
animals in an attempt to gain a sense of control. Some may derive sexual gratifica-
tion from inflicting pain and suffering while sexually abusing animals (Adams,
1995). Animal sexual abuse, like rape, can be “the eroticization of violence, con-
trol, and exploitation” (Humane Society of the United States, 1999, p. 1). According
to Merz-Perez and Heide (2003) violent sexual activities such as the sexual abuse
of animals occurs when “sexuality and aggression have become developmentally
fused, and the two are mutually inclusive in the psyche of the offender” (p. 66).
The offender’s violence towards others, including animals, leads to a sexual release
and sometimes escalates to killing (Wright & Hensley, 2003). In fact, some foren-
sic texts argue that interspecies sexual abuse “typifies the early lives of serial kill-
ers in the form of cruelty to animals (called ‘zoosadism’)” (Williams & Weinberg,
2003, p. 524). In particular, sexual intercourse with small animals that frequently
die from injuries may be sadistically motivated. In cases reflecting “zoosadism,”
the animal is intentionally killed during the sexual act (e.g., breaking the neck
of a chicken), and the animal’s contractions while dying heighten the offender’s
sexual arousal (Beetz, 2004; Sandnabba et al., 2002). In other instances, killing
the animal sexually gratifies the offender, who may masturbate over or with the
animal’s corpse (Beetz, 2005). The offender may use an animal as a surrogate or
practice object in place of or in preparation for the murder of a human (Beetz,
2008). Finally, the motivation for sexually abusing animals may be financial. For
example, an offender may have or facilitate sex with an animal in order to manu-
facture pornography to sell (Maher & Pierpoint, 2012).
offender was when he started engaging in sexual behavior with animals. Abel
concluded that both juveniles and adults who engage in sex with animals should
be evaluated for sexual interest in children.
In conclusion, extant research suggests that the sexual abuse of animals is an
underestimated and often overlooked phenomenon. Longitudinal outcome stud-
ies that include normative, clinical, and offender populations are needed before
firm conclusions can be reached about whether the sexual abuse of animals in
youth predicts later interpersonal violence and/or sexual offending.
A N I M A L FI G H T I N G
Dogfighting
In a dogfight, two dogs, typically pit bulls, are placed in a pit and made to fight
until one cannot or will not continue. Spectators bet on which dog will be
declared the winner. The fights typically last one to two hours. Dogs suffer inju-
ries including broken bones, puncture wounds, and severe bruising. According
to the Humane Society of the United States (2009), many dogs die of blood
loss, shock, dehydration, exhaustion, or infection hours or days after the fight.
Training dogs for a fight often involves cruelty; it may include putting cocaine on
their dogs’ gums, injecting them with steroids, forcing them to run with heavy
chains around their necks, using cats or smaller animals as bait, and then aban-
doning or killing the worst-performing dogs (Hollandswoth, 2009). Variations
of dogfighting include “trunking” in which two dogs are placed in the trunk
of a car. Fighters close the trunk, let the dogs fight, and bet on which dog will
survive. After several minutes, they pop the trunk and declare a winner (e.g.,
Hartman, 2011). Hog-dog fighting involves siccing dogs on wild boars in closed
pens (Green, 2013).
Participating in a dog fight is a felony in every state, but being a spectator
is classified as a misdemeanor in some states (Hoffman & McGinnis, 2009).
Dogfights often involve other crimes such as illegal gambling, narcotics pos-
session, weapons possession, conspiracy, money laundering, and racketeering
(Davis, 1997). Children are sometimes present (Humane Society of the United
States, 2009). Due to the underground nature of dog fighting and the lack of
enforcement, very little information is available about the actual prevalence of
dog fighting. Moreover, little scientific research about the nature, causes, and
correlates of dog fighting exists (McClure & Lum, 2011).
126 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
In one of the few studies undertaken on dogfighters, Forsyth and Evans (1998)
interviewed 31 men who bred and fought dogs in Louisiana and Mississippi.
They found that the dogfighters in their sample used some of the neutraliza-
tion techniques—defense mechanisms used to rationalize and counter the nega-
tive impact of deviant behavior—identified by Sykes and Matza (1957): denial
of injury, condemnation of the condemners, and appeal to higher loyalties.
Specifically, many argued that the dogs were natural fighters who were bred for
and enjoyed combat; that people who condemn dogfighting are hypocrites who
attend boxing matches and horse races; and that dogfighting is a time-honored
tradition carried on by good and respectable people.
According to Gibson (2005), dogfighters come from virtually all walks of life
and engage in dogfighting on very different scales. Professional fighters operate on
a national or even international level within highly clandestine networks. Many
are wealthy, breed generations of skilled “game dogs,” publish trade journals for
dogfighting enthusiasts, maintain websites, and organize well-organized, covert
fights. The Humane Society of the United States estimates that there are 40,000
people in the United States involved in professional dogfighting (Gibson, 2005;
Hollandsworth, 2009). Gibson distinguishes these professionals from mid-level
fighters, whom she characterizes as “hobbyists, enthusiasts, or fanciers.” They
typically remain within a specific geographic network where they are acquainted
with other fighters and return to specific venues repeatedly. They may include
respected figures in the community and/or those with extensive criminal back-
grounds. The third group identified by Gibson is street fighters whom she char-
acterizes as violent criminals, often gang members, who organize and attend
fights to gamble and traffic drugs. Dogs are an extension of each member’s status
within the gang. It is important to note that these typologies should be used
with caution as they are only conjectures until empirically evaluated (McClure
& Lum, 2011).
Cockfighting
or cut off these spurs and affix gaffs—artificial metal spurs often made of sharp
spikes, knives or razor blades—in their place (Saal, 2014). Knives called “slash-
ers,” which result in quicker and more bloody fights, are sometimes used instead
gaffs; it is not uncommon for both birds to die during slasher matches (Kennedy,
2012). Gaff-style fights can take up to 45 minutes, and birds usually suffer deep
puncture wounds to the lungs and other internal organs (Kennedy, 2012).
Because of the lack of academic research on cockfighting, very little is known
about the “gamers” themselves (Green, 2013). According to Hawley (1993), cock-
fighters view their birds as symbols of bravery, resistance, and sexual potency,
but not as friends or companions. Individuals from all social strata attend cock-
fights but rural, poor agriculturalists are overrepresented (Darden & Worden,
1996). In general, attendees are thought to be involved in other illicit activities
including drugs, weapons possession, and gambling, which begins before the
fight and continues throughout. For example, following a 2014 cockfighting bust
in New York, the largest in the state’s history, the Press Office of the New York
State Attorney General released the following statement:
“These fights can be dangerous for entire communities, as they are often linked
to weapons, drugs, gambling and other crimes, and they encourage partici-
pants to engage in other acts of animal cruelty and to disregard animal suffer-
ing. Disturbingly, children are often present during cockfights. This promotes
insensitivity toward animal suffering and enthusiasm for violence” (para. 11).
C O N C LU S I O N
Perhaps the most basic outstanding question in this field concerns the prevalence of
animal cruelty and animal sexual abuse in the general population. Without know-
ing the general prevalence of such behavior among normative groups of children,
adolescents, and adults, we cannot assert that animal abuse in any particular group
(e.g., psychopaths, delinquent youth) is elevated. Furthermore, without knowing if
the incidence is elevated, we cannot draw firm conclusions about the relation of
psychopathy, delinquency, and other phenomenon to animal maltreatment.
Extant research on animal maltreatment offenders is somewhat limited in
scope, and few studies have used as their sample those arrested for causing harm
to animals. Studies of this nature are useful because some offenders may under-
report perpetration of animal maltreatment on self-report measures or during
interviews (Jorgenson & Maloney, 1999). Collateral information is important to
obtain. Researchers should examine behavioral correlates of animal maltreat-
ment in these offenders, especially those associated with lower self-control such
as alcohol abuse, low educational attainment, unstable employment history, and
gambling (Green, 2002). Particular attention should be paid to the offenders’
family and relationship patterns (e.g., child abandonment). Animal maltreat-
ment offending among females, and corresponding behavioral correlates, must
also be studied. Existing studies have focused almost exclusively on males.
128 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
R EFER EN C ES
Ascione, F. (2001, September). Animal abuse and youth violence. Juvenile Justice
Bulletin. Office of Juvenile Justice and Delinquency Prevention, 1–15.
Ascione, F. R., & Blakelock, H. H. (2003, July 14). “Incarcerated Men’s Reports of
Animal Abuse: A Study of the Perpetrator’s Perspective.” Paper presented at the 8th
International Family Violence Research Conference, Portsmouth, NH.
Ascione, F. R., Friedrich, W. N., Heath, J., & Hayashi, K. (2003). Cruelty to animals in
normative, sexually abused, and outpatient psychiatric samples of 6- to 12-year-old
children: Relations to maltreatment and exposure to domestic violence. Anthrozoös,
16, 194–212.
Ascione, F. R., & Peak, T. (2009). Final report for the project entitled, “Elder adult
abuse and animal welfare issues: Development, field testing, and dissemination of
assessment protocols.” Logan, UT: Utah State University.
Ascione, F. R., & Shapiro, K. (2009). People and animals, kindness and cruelty: Research
directions and policy implications. Journal of Social Issues, 65, 569–587.
Ascione, F. R., Weber, C. V., Thompson, T. M., Heath, J., Maruyama, M., & Hayashi,
K. (2007). Battered pets and domestic violence: Animal abuse reported by women
experiencing intimate violence and by nonabused women. Violence Against Women,
13, 354–373.
Baldry, A. C. (2003). Animal abuse and exposure to interparental violence in Italian
youth. Journal of Interpersonal Violence, 18, 258–281.
Baldry, A. C. (2005). Animal abuse among preadolescents directly and indirectly vic-
timized at school and at home. Criminal Behaviour and Mental Health, 15, 97–110.
Becker, K. D., Stuewig, J., Herrera, V. M., & McCloskey, L. A. (2004). A study of fireset-
ting and animal cruelty in children: Family influences and adolescent outcomes.
Journal of the American Academy of Child and Adolescent Psychiatry, 43, 905–912.
Beetz, A. M. (2008). Bestiality and zoophilia: A discussion of sexual contact with animals.
In F. R. Ascione (Ed.), International handbook of animal abuse and cruelty: Theory,
research, and application (pp. 201–220). West Lafayette, IN: Purdue University Press.
Beetz, A. M. (2005). Bestiality and zoophilia: Associations with violence and sex
offending [special issue]. Anthrozoös, 18, 46–70.
Beetz, A. (2004). Bestiality/zoophilia: A scarcely investigated phenomenon between
crime, paraphilia and love. Journal of Forensic Psychology Practice, 4, 1–36.
Beirne, P. (1997). Rethinking bestiality: Towards a concept of interspecies sexual
assault. Theoretical Criminology, 1, 317–340.
Beirne, P. (2001). Peter Singer’s ‘heavy petting’ and the politics of animal sexual assault.
Critical Criminology, 1, 317–340.
Bladon, E. M. M., Vizard, E., French, L., & Tranah, T. (2005) Young sexual abus-
ers: A descriptive study of a UK sample of children showing sexually harmful
behaviours. Journal of Forensic Psychiatry & Psychology, 16, 109–126.
Boat, B. W. (1999). Abuse of children and abuse of animals. In F. R. Ascione & P. Arkow
(Eds.), Child abuse, domestic violence, and animal abuse: Linking the circles of com-
passion for prevention and intervention (pp. 83–100). West Lafayette, IN: Purdue
University Press.
Boat, B. W., & Knight, J. C. (2000). Experiences and needs of adult protective services
case managers when assisting clients who have companion animals. Journal of Elder
Abuse & Neglect, 12, 145–155.
Understanding Animal Cruelty and Sexual Abuse131
Brennen, S., Fielding, W. J., Carroll, M. C., Miller, J. C. M., Adderley, L., & Thompson,
M. A. (2010). A preliminary investigation of the prevalence of corporal punishment
of children and selected co-occurring behaviours in households on New Providence,
The Bahamas. The International Journal of Bahamian Studies, 16, 1–18.
Carlisle-Frank, P., Frank, J. M., & Nielsen, L. (2004). Selective battering of the family
pet. Anthrozoös, 17, 26–42.
Cerrone, G. H. (1991). Zoophilia in a rural population: Two case studies. Journal of
Rural Community Psychology, 12, 29–38.
Clarke, J. P. (2002). New South Wales police animal cruelty research project. Sydney,
Australia: New South Wales Police Service.
Coston, C. T. M., & Protz, B. M. (1998). Kill your dog, beat your wife, screw your neigh-
bor’s kids, rob a bank?: A cursory look at an individual’s vat of social chaos resulting
from deviance. Free Inquiry in Creative Sociology, 26, 153–158.
Currie, C.L. (2006). Animal cruelty by children exposed to domestic violence. Child
Abuse & Neglect, 30, 425–435.
Dadds, M. R., Turner, C. M., & McAloon, J. (2002). Developmental links between cru-
elty to animals and human violence. The Australian and New Zealand Journal of
Criminology, 35, 363–382.
Dadds, M. R., Whiting, C., Bunn, P., Fraser, J. A., Charlson, J. H., & Pirola-Merlo,
A. (2004). Measurement of cruelty in children: The Cruelty to Animals Inventory.
Journal of Abnormal Child Psychology, 32, 321–334.
Dadds, M. R., Whiting, C., & Hawes, D. J. (2006). Associations among cruelty to ani-
mals, family conflict, and psychopathic traits in childhood. Journal of Interpersonal
Violence, 21, 411–429.
Daniell, C. (2001). Ontario SPCA’s women’s shelter survey shows staggering results.
The Latham Letter, 22, 16–17.
Darden, D. K., & Worden, S. K. (1996). Marketing deviance: The selling of cockfight-
ing. Society & Animals, 4, 211–231.
Davis, S. E. (1997, November). Blood Sport: Dog fighting is big business in California,
and just about impossible to stop. California Lawyer, 17, 44.
Davis, L. S., & Schlesinger, L. B. (2013). Animal cruelty, firesetting, and homicide. In
M. P. Brewster & C. L. Reyes (Eds.), Animal cruelty: A multidisciplinary approach to
understanding (pp. 263–282). Durham, NC: Carolina Academic Press.
Degenhardt, B. (2008). Statistical Summary of Offenders Charged with Crimes against
Companion Animals, July 2001–July 2004. Chicago, IL: Chicago Police Department.
DeGue, S. (2011). A triad of family violence: Examining overlap in the abuse of chil-
dren, partners, and pets. In C. Blazina, G. Boyraz, & D. Shen Miller (Eds.), The psy-
chology of the human-animal bond: A resource for clinicians and researchers (pp.
245–262). New York: Springer.
DeGue, S., & DiLillo, D. (2009). Is animal cruelty a “red flag” for family violence?
Investigating co-occurring violence toward children, partners, and pets. Journal of
Interpersonal Violence, 24, 1036–1056.
DeViney, E., Dickert, J., & Lockwood, R. (1983). The care of pets within child abusing
families. International Journal for the Study of Animal Problems, 4, 321–329.
Diamond, B. L. (1974). The psychiatric prediction of dangerousness. University of
Pennsylvania Law Review, 124, 439–452.
132 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
Duffield, G., Hassiotis, A., & Vizard, E. (1998). Zoophilia in young sexual abusers.
Journal of Forensic Psychiatry 9, 294–304.
Duncan, A., & Miller, C. (2002). The impact of an abusive family context on child-
hood animal cruelty and adult violence. Aggression and Violent Behavior, 7,
365–383.
Duncan, A., Thomas, J. C., & Miller, C. (2005). Significance of family risk factors in
development of childhood animal cruelty in adolescent boys with conduct prob-
lems. Journal of Family Violence, 20, 235–239.
Durkin, K., Forsyth, C. J., & Quinn, J. F. (2006). Pathological internet communi-
ties: A new direction for sexual deviance research in a post modern era. Sociological
Spectrum, 26, 595–606.
English, K., Jones, L., Patrick, D., & Pasini-Hill, D. (2003). Sexual offender contain-
ment: Use of the postconviction polygraph. Annals of the New York Academy of
Science, 989, 411–427.
Faver, C. A., & Cavazos, A. M. Jr, (2007). Animal abuse and domestic violence: A view
from the border. Journal of Emotional Abuse, 7, 59–81.
Febres, J., Brasfield, H., Shorey, R. C., Elmquist, J., Ninnemann, A., Schonbrun, Y. C.,
Temple, J. R., Recupero, P. R., & Stuart, G. L. (2014). Adulthood animal abuse among
men arrested for domestic violence. Violence Against Women, 20, 1059–1077.
Febres, J., Shorey, R. C., Brasfield, H., Zucosky, H. C., Ninnemann, A., Elmquist, J.,
Bucossi, M. M., Andersen, S. M., Schonbrun, Y. C., & Stuart, G. L. (2012). Adulthood
animal abuse among women court-referred to batterer intervention programs.
Journal of Interpersonal Violence, 27, 3115–3126.
Felthous, A. R. (1980). Aggression against cats, dogs and people. Child Psychiatry and
Human Development, 10, 169–177.
Felthous, A. R., & Kellert, S. R. (1986). Violence against animals and people: Is aggres-
sion against living creatures generalized? Bulletin of the American Academy of
Psychiatry and Law, 14, 55–69.
Felthous, A. R., & Kellert, S. R. (1987). Childhood cruelty toward animals and later
aggression against people: A review. American Journal of Psychiatry, 144, 710–717.
Fitzgerald, A. J. (2005). Animal abuse and family violence: Researching the interrela-
tionships of abusive power. Lewiston, NY: Edwin Mellen Press.
Fleming, W., Jory, B., & Burton, D. (2002). Characteristics of juvenile offenders admit-
ting to sexual activity with nonhuman animals. Society and Animals, 10, 31–45.
Flynn, C. P. (1999). Exploring the link between corporal punishment and children’s
cruelty to animals. Journal of Marriage and the Family, 61, 971–981.
Flynn, C. P. (2000a). Why family professionals can no longer ignore violence toward
animals. Family Relations, 49, 87–95.
Flynn, C. P. (2000b). Woman’s best friend: Pet abuse and the role of companion ani-
mals in the lives of battered women. Violence Against Women, 6, 162–177.
Forsyth, C. J., & Evans, R. D. (1998). Dogmen: The rationalization of deviance. Society
and Animals, 6, 203–218.
Frazier, M. R. (1998). Physically and sexually violent juvenile offenders: A comparative
study of victimization history variables. Ph.D. dissertation, Utah State University,
Logan, UT.
Frick, P. J., Van Horn, Y., Lahey, B. B., Christ, M. A. G., Loeber, R., Hart, E. A.,
Tannenbaum, L., & Hanson, K. (1993). Oppositional defiant disorder and conduct
Understanding Animal Cruelty and Sexual Abuse133
Henry, B. C. (2004). The relationship between animal cruelty, delinquency, and
attitudes toward the treatment of nonhuman animals. Society & Animals, 12,
185–207.
Hensley, C., & Tallichet, S. E. (2005a). Animal cruelty motivations: Assessing demo-
graphic and situational influences. Journal of Interpersonal Violence, 20, 1429–1443.
Hensley, C., & Tallichet, S. E. (2005b). Learning to be cruel? Exploring the onset
and frequency of animal cruelty. International Journal of Offender Therapy and
Comparative Criminology, 49, 37–47.
Hensley, C., & Tallichet, S. E. (2008). The effect of inmates’ self-reported childhood
and adolescent animal cruelty: Motivations on the number of convictions for
adult violent interpersonal crimes. International Journal of Offender Therapy and
Comparative Criminology, 52, 175–184.
Hensley, C., & Tallichet, S. E. (2009). Childhood and adolescent animal cruelty meth-
ods and their possible link to adult violent crimes. Journal of Interpersonal Violence,
24, 147–158.
Hensley, C., Tallichet, S. E., & Dutkiewicz, E. L. (2009). Recurrent childhood animal
cruelty: Is there a relationship to adult recurrent interpersonal violence? Criminal
Justice Review, 34, 248–257.
Hensley, C., Tallichet, S. E., & Dutkiewicz, E. L. (2010). Childhood bestiality: A poten-
tial precursor to adult interpersonal violence. Journal of Interpersonal Violence, 25,
557–567.
Hensley, C., Tallichet, S. E., & Singer, S. D. (2006). Exploring the possible link
between childhood and adolescent bestiality and interpersonal violence. Journal of
Interpersonal Violence, 21, 910–923.
Hoffman, N. R., & McGinnis, R. C. (2009). 2007–2008 legislative review. Animal Law,
15, 265–289.
Hollandsworth, S. (2009, August). Bringing down the dogmen. Texas Monthly,
Retrieved from: http://www.texasmonthly.com/story/bringing-down-dogmen
Humane Society of the United States (2009, November 2). Dogfighting fact sheet.
Retrieved from: http://www.humanesociety.org/issues/dogfighting/facts/dogfight-
ing_fact_sheet.html
Humane Society of the United States (1999). The First Strike Campaign animal sexual
abuse fact sheet. Retrieved from http://www.vactf.org/pdfs/bestiality-factsheet.
pdf.
Hutton, J. S. (1983). Animal abuse as a diagnostic approach in social work. In: A.
H. Katcher & A. M. Beck (Eds.), New perspectives on our lives with companion ani-
mals (pp. 444–447). Philadelphia, PA: University of Pennsylvania Press.
Jorgenson, S., & Maloney, L. (1999). Animal abuse and the victims of domestic vio-
lence. In F. R. Ascione & P. Arkow (Eds.), Child abuse, domestic violence, and animal
abuse (pp. 143–158). West Lafayette, IN: Purdue University Press.
Kavanagh, P. S., Signal, T.D., & Taylor, N. (2013). The Dark Triad and animal cruelty:
Dark personalities, dark attitudes, and dark behaviors. Personality and Individual
Differences, 55, 666–670.
Kellert, S. R., & Felthous, A. R. (1985). Childhood cruelty toward animals among crim-
inals and noncriminals. Human Relations, 38, 1113–1129.
Kennedy, D. (2012, January 22). Why cockfighting persists. Salon. Retrieved from
http://www.salon.com/2012/01/22/cockfighting_barbarism_or_tradition/
Understanding Animal Cruelty and Sexual Abuse135
King, J. (2014, March 4). Campaign to end bestiality in Denmark gains momen-
tum. Digital Journal. Retrieved from: http://digitaljournal.com/news/world/
campaign-to-end-bestiality-in-denmark-gains-momentum/article/374303
Kinsey, A. C., Pomeroy, W. B., Gebhard, P. H., & Martin, C. E. (1953). Sexual behavior
in the human female. Philadelphia, PA: W. B. Saunders Company.
Kinsey, A. C., Pomeroy, W. B., & Martin, C. E. (1948). Sexual behavior in the human
male. Philadelphia, PA: W. B. Saunders Company.
Knight, K., Garner, B. R., Simpson, D. D., Morey, J. T., & Flynn, P. M. (2006). An assess-
ment for criminal thinking. Crime & Delinquency, 52, 159–177. Retrieved from
http://iconsortium.subst-abuse.uiowa.edu/downloads/IDPH/jailbased_crit_think-
ing_2007.pdf
Langevin, R., Paitich, D., Orchard, B., Handy, L., & Russon, A. (1983). Childhood and
family background of killers seen for psychiatric assessment: A controlled study.
Bulletin of the American Academy of Psychiatry & the Law, 11, 331–341.
Levin, J., & Arluke, A. (2009). Reducing the link’s false positive program. In A. Linzey
(Ed.), The link between animal abuse and human violence (pp. 163–171). Eastbourne,
East Sussex, UK: Sussex Academic Press.
Levitt, L. (2011). Criminal histories of animal cruelty offenders. (Doctoral dissertation,
University of Virginia). Retrieved from Dissertations and Theses database. (UMI
No. 3475654).
Loar, L. (1999). “I’ll only help you if you have two legs” or, why human service profes-
sionals should pay attention to cases involving cruelty to animals. In F. R. Ascione
& P. Arkow (Eds.), Child abuse, domestic violence, and animal abuse: Linking the
circles of compassion for prevention and intervention (pp. 120–136). West Lafayette,
IN: Purdue University Press.
Loeber, R., Keenan, K., Lahey, B., Green, S., & Thomas, C. (1993). Evidence for devel-
opmentally based diagnoses of oppositional defiant disorder and conduct disorder.
Journal of Abnormal Child Psychology, 21, 377–410.
Lockwood, R. (2002). Making the connection between animal cruelty and abuse and
neglect of vulnerable adults. The Latham Letter, 23, 10–11.
Logan, T., Shannon, L., & Walker, R. (2005). Protective orders in rural and urban
area: A multiple perspective study. Violence Against Women, 11, 876–911.
Long, D. D., Long, J. H., & Kulkarni, S. J. (2007). Interpersonal violence and ani-
mals: Mandated cross-sector reporting. Journal of Sociology and Social Welfare, 34,
147–164.
Loring, M. T., & Bolden-Hines, T. A. (2004). Pet abuse by batterers as a means of coerc-
ing battered women into committing illegal behavior. Journal of Emotional Abuse,
4, 27–37.
Lucia, S., & Killias, M. (2011). Is animal cruelty a marker of interpersonal violence and
delinquency? Results of a Swiss national self-report study. Psychology of Violence, 1,
93–105.
Luk, E. S. L., Staiger, P. K., Wong, L., & Mathai, J. (1999). Children who are cruel to
animals: A revisit. Australian and New Zealand Journal of Psychiatry, 33, 29–36.
MacDonald, J. M. (1963). The threat to kill. American Journal of Psychiatry, 120, 125–130.
Maher, J., & Pierpoint, H. (2012). Animal abuse and sex offending. In F. Cowe and J.
Brayford (Eds.), Sex offenders, punish, help, change or control? Theory, policy and
practice explored (pp. 150–169). London: Routledge.
136 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
McClure, D., & Lum, C. (2011). Developing an evidence base for the understand-
ing and prevention of dog fighting crimes. Washington, DC: Association of
Prosecuting Attorneys. Retrieved from: http://coloradolinkproject.com/wp-content/
uploads/2014/03/Dog-Fighting-Monograph-APA-copy.pdf
McIntosh, S. (2001). Exploring the links between animal abuse and domestic vio-
lence: Calgary research results. The Latham Letter, 22, 14–16.
McMillan, F. D. (2005). Emotional maltreatment in animals. In F. D. McMillan (Ed.),
Mental health and well-being in animals (pp. 167–179). Ames, IA: Blackwell.
McMillan, F. D. (2009). Emotional abuse of children and animals. In A. Linzey (Ed.),
The link between animal abuse and human violence. Eastbourne, East Sussex,
UK: Sussex Academic Press
McPhedran, S. (2009). Animal abuse, family violence, and child wellbeing: A review.
Journal of Family Violence, 24, 41–52.
Melson, G. (2013, February 20). Do mass killers start out by harming pets? In
Why the Wild Things Are, Psychology Today. Retrieved from: http://www.psy-
chologytoday.com/blog/why-the-wild-things-are/201302/do-mass-killers-st
art-out-harming-pets
Merz-Perez, L., & Heide, K. M. (2003). Animal cruelty: Pathway to violence against
people. Walnut Creek, CA: AltaMira Press.
Merz-Perez, L., Heide, K. M., & Silverman, I. J. (2001). Childhood cruelty to animals
and subsequent violence against humans. International Journal of Offender Therapy
and Comparative Criminology, 45, 556–573.
Miletski, H. (2002). Understanding bestiality and zoophilia. Bethesda, MD: East-West
Publishing.
Miller, K. S., & Knutson, J. F. (1997). Reports of severe physical punishment and expo-
sure to animal cruelty by inmates convicted of felonies and by university students.
Child Abuse and Neglect, 19, 1245–1254.
Monahan, J. (1981). The clinical prediction of violent behavior. Washington, DC: National
Institutes of Health.
Munro, H. M. C., & Thrusfield, M. V. (2001). ‘Battered pets’: Sexual abuse. Journal of
Small Animal Practice, 42, 333–337.
Myers, W. C., Burgess, A. W., & Nelson, J. A. (1998). Criminal and behavioral aspects
of juvenile sexual homicide. Journal of Forensic Sciences, 43, 340–347.
Nadeau, B. L. (2012, December 1). Germany weighs bestiality ban amid rise of pet
porn, animal brothels. The Daily Beast. Retrieved from: http://www.thedaily-
beast.com/articles/2012/12/01/germany-weighs-bestiality-ban-amid-rise-of-
pet-porn-animal-brothels.html
Nagaraja, J. (1983). Sexual problems in adolescence. Child Psychiatry Quarterly,
16, 9–18.
Namba, S. Kuwano, S., Schick, A., Açlar, A., Florentine, M., & Da Rui, Z. (1991). A
cross-cultural study on noise problems: Comparison of the results obtained in Japan,
West Germany, the U.S.A., China, and Turkey. Journal of Sound and Vibration, 151,
471–477.
National District Attorneys Association. (2013, February). Counseling laws for con-
victed animal abusers. National District Attorneys Association, National Center
for Prosecution of Animal Abuse. Retrieved from: http://www.ndaa.org/pdf/
Understanding Animal Cruelty and Sexual Abuse137
Counseling%20Laws%20for%20Convicted%20Animal%20Abusers%20-%20
February%202013.pdf
National District Attorneys Association. (2014, August). Bestiality as a trigger for
sex offender registration. Retrieved from: http://www.ndaa.org/pdf/Bestiality%20
and%20Sex%20Offender%20Registration.pdf
O’Grady, K. E., Kinlock, T. W., & Hanlon, T. E. (2007). Prediction of violence history
in substance-abusing inmates. The Prison Journal, 87, 416–433.
Osgood, D. W., Johnston, L. D., O’Malley, P. M., & Bachman, J. G. (1988). The gen-
erality of deviance in late adolescence and early adulthood. American Sociological
Review, 53, 81–93.
Overton, J. C., Hensley, C., & Tallichet, S. E. (2012). Examining the relationship
between childhood animal cruelty motives and recurrent adult violent crimes
toward humans. Journal of Interpersonal Violence, 27, 899–915.
Peretti, P. O., & Rowan, M. (1982). Variables associated with male and female chronic
zoophilia. Social Behavior and Personality, 10, 83–87.
Petersen, M. L., & Farrington, D. P. (2007). Cruelty to animals and violence to people.
Victims & Offenders, 2, 21–43.
Press Office of the New York State Attorney General (2014, February 9). A.G.
Schneiderman announces largest cockfighting bust in state history. Retrieved
from: http://www.ag.ny.gov/press-release/ag-schneiderman-announces-largest-
cockfighting-bust-state-history
Quinlisk, J. A. (1999). Animal abuse and family violence. In F. R. Ascione & P. Arkow
(Eds.), Child abuse, domestic violence, and animal abuse: Linking the circles of com-
passion for prevention and intervention (pp. 168–175). West Lafayette, IN: Purdue
University Press.
Randour, M. L. (2004, Oct. 27–29). Including animal cruelty as a risk factor in assessing
risk and designing interventions. In Proceedings of Persistently Safe Schools: The 2004
National Conference on Safe Schools (pp. 103–110). Washington, DC: Hamilton Fish
Institute on School and Community Violence, The George Washington University.
Ressler, R. K., Burgess, A. W., & Douglas, J. E. (1988). Sexual homicide: Patterns and
motives. Cambridge, MA: Lexington Books.
Ressler, R. K., Burgess, A. W., Hartman, C. R., Douglas, J. E., & McCormack, A. (1986).
Murderers who rape and mutilate. Journal of Interpersonal Violence, 1, 273–287.
Reprinted in R. Lockwood & F. R. Ascione (Eds.), Cruelty to animals and inter-
personal violence: Readings in research and application (1998; pp. 179–193). West
Lafayette, IN: Purdue University Press.
Roguski, M. (2012). Pets as pawns: The co-existence of animal cruelty and family vio-
lence. Auckland: Royal New Zealand Society for the Prevention of Cruelty to Animals.
Rosen, B. (1995, July). Watch for pet abuse—It might save your client’s life. Shepard’s
ElderCare/Law Newsletter, 5, 1–9.
Saal, M. (2014, March 3). Down-home battle chickens or criminal cockfighters?
Standard-Examiner. Retrieved from: http://www.standard.net/Local/2014/03/03/
Down-home-battle-chickens-or-criminal-cockfightersIJ.html
Sandnabba, N. K., Santtila, P., Nordling, N., Beetz, A. M., & Alison, L. (2002).
Characteristics of a sample of sadomasochistically-oriented males with recent expe-
rience of sexual contact with animals. Deviant Behavior, 23, 511–529.
138 T H E ORY A N D R E S E A RC H ON A N I M A L M A LT R E AT M E N T
Schenk, A. M., Cooper-Lehki, C., Keelan, C. M., & Fremouw, W. J. (2014). Underreporting
of bestiality among juvenile sex offenders: Polygraph versus self-report. Journal of
Forensic Sciences, 59, 540–542.
Schmitt, K. D. (2014, November 3). Animal cruelty data: A defining moment. Office
of Justice Programs Diagnostic Center. Retrieved from: https://ojpdiagnosticcenter.
org/blog/animal-cruelty-data-defining-moment
Schwartz, R. L., Fremouw, W. J., Schenk, A. M., & Ragatz, L. L. (2012). A psychologi-
cal profile of male and female animal abusers. Journal of Interpersonal Violence, 27,
846–861.
Simmons, C. A., & Lehmann, P. (2007). Exploring the link between pet abuse and
controlling behaviors in violent relationships. Journal of Interpersonal Violence, 22,
1211–1222.
Simons, D. A., Wurtele, S. K., & Durham, R. L. (2008). Developmental experiences of
child sexual abusers and rapists. Child Abuse and Neglect, 32, 549–560.
Stone, M. H. (2001). Serial sexual homicide: Biological, psychological, and sociological
aspects. Journal of Personality Disorders, 15, 1–18.
Straus, M. A. (1994). Beating the devil out of them: Corporal punishment in American
families. New York: Lexington Books.
Sullivan, J. (2010, April 16). Felon accused of running animal-sex farm in Whatcom
County. The Seattle Times. Retrieved from: http://seattletimes.com/html/local-
news/2011623988_animalabuse17m.html
Sykes, G. M., & Matza, D. (1957). Techniques of neutralization: A theory of delin-
quency. American Sociological Review, 22, 664–670.
Tallichet, S. E., & Hensley, C. (2004). Exploring the link between recurrent acts of
childhood and adolescent animal cruelty and subsequent violent crime. Criminal
Justice Review, 29, 304–316.
Tallichet, S. E., & Hensley, C. (2013). Animal cruelty and sexual deviance. In M.
P. Brewster & C. L. Reyes (Eds.), Animal cruelty: A multidisciplinary approach to
understanding (pp. 181–195). Durham, NC: Carolina Academic Press.
Tapia, F. (1971). Children who are cruel to animals. Child Psychiatry and Human
Development, 2, 70–77.
Thompson, K. L., & Gullone, E. (2006). An investigation into the association between
the witnessing of animal abuse and adolescents’ behavior toward animals. Society
and Animals, 13, 222–243.
Tingle, D., Barnard, G. W., Robbins, L., Newman, G., & Hutchinson, D. (1986).
Childhood and adolescent characteristics of pedophiles and rapists. International
Journal of Law and Psychiatry, 9, 103–116.
Vaughn, M. G., Fu, Q., DeLisi, M., Beaver, K. M., Perron, B. E., Terrell, K., & Howard,
M. O. (2009). Correlates of cruelty to animals in the United States: Results from
the National Epidemiologic Survey on Alcohol and Related Conditions. Journal of
Psychiatric Research, 43, 1213–1218.
Verlinden, S., Herson, M., & Thomas, J. (2000). Risk factors in school shootings.
Clinical Psychology Review, 20, 3–56.
Volant, A. M., Johnson, J. A., Gullone, E., & Coleman, G. J. (2008). The relationship
between domestic violence and animal abuse: An Australian study. Journal of
Interpersonal Violence, 23, 1277–1295.
Understanding Animal Cruelty and Sexual Abuse139
Walters, G. D. (2014). Testing the direct, indirect, and moderated effects of child-
hood animal cruelty on future aggressive and non-aggressive offending. Aggressive
Behavior, 40, 238–249.
Walton-Moss, B. J., Manganello, J., Frye, U., & Campbell, J. C. (2005). Risk factors
for interpersonal violence and associated injury among urban women. Journal of
Community Health, 30, 377–389.
Williams, M. E. (2014, April 18). The dark world of animal ‘crush’ videos. Salon.
Retrieved from: http://www.salon.com/2014/04/18/the_dark_world_of_animal_
crush_films/
Williams, C. J., & Weinberg, M. S., (2003). Zoophilia in men: A study of sexual interest
in animals. Archives of Sexual Behavior, 32, 523–535.
Wilson, P., & Norris, G. (2003). Relationship between criminal behavior and mental
illness in young adults: Conduct disorder, cruelty to animals and young adult seri-
ous violence. Psychiatry, Psychology, and Law, 10, 239–243.
Wisconsin Department of Justice, Division of Law Enforcement Services. (2014).
Victim Services Providers Praise Move to Add Animal Cruelty to the Uniform
Crime Reporting (UCR) Program. Retrieved from http://www.doj.state.wi.us/dles/
ucr-program-and-animal-cruelty
Wochner, M., & Klosinski, G. (1988). Children and adolescents with psychiatric
problems who mistreat animals. Schweizer Archiv fur Neurologie und Psychiatrie,
139, 59–67.
Wright, J., & Hensley, C. (2003). From animal cruelty to serial murder: Applying the
graduation hypothesis. International Journal of Offender Therapy and Comparative
Criminology, 47, 71–88.
Yamazaki, S. (2010). A comparison of maltreated children and non-maltreated chil-
dren on their experiences with animals—A Japanese study. Anthrozoös, 23, 55–67.
Yokoyama, A. (2008). The relationship between psychiatric disorders and
human-animal interactions: A Japanese psychiatric perspective. In F. R. Ascione
(Ed.), International handbook of theory, research, and application on animal abuse
and cruelty (pp. 441–471). West Lafayette, IN: Purdue University Press.
Zequi, S. D., Guimarães, G. C., da Fonseca, F. P., Ferreira, U., de Matheus, W. E., Reis,
L. O., Aita, G. A., Glina, S., Fanni, V. S., Perez, M. D., Guidoni, L. R., Ortiz, V.,
Nogueira, L., de Almeida Rocha, L. C., Cuck, G., da Costa, W. H., Moniz, R. R.,
Dantas, J. H. Jr, Soares, F. A., & Lopes, A. (2012). Sex with animals (SWA): Behavioral
characteristics and possible association with penile cancer. A multicenter study.
Journal of Sex Medicine, 9, 1860–1867.
Zolondek, S., Abel, G., Northey, W., & Jordan, A. (2001). The self-reported behaviors of
juvenile sexual offenders. Journal of Interpersonal Violence, 16, 73–85.
5
Animal maltreatment has long been of interest in criminology and forensic psy-
chiatry and psychology because of its suspected relation to aggression in gen-
eral and crimes against humans in particular. Is there a relation between animal
maltreatment and greater risk of aggression against others? The mere fact that
a greater proportion of persons with crimes against people have animal abuse
histories does not answer this question, because it is possible that most people
who maltreat animals do not harm humans. This chapter reviews the empirical
evidence and examines whether there are ways in which animal maltreatment
offers warnings about later general aggression and criminal behavior.
PU B L I C AT T I T U D ES TOWA R DS A N I M A L A B U S ER S
abuse type and severity in predicting the extent to which the abusive behavior
may be generalized. One of these beliefs labels the person who engages in ani-
mal maltreatment a “moral monster” (Douard & Schultz, 2012; e.g., Alexander,
Garfield, & Easton, 1882) or “psychopath” (Blackburn, 1988), a person of partic-
ularly poor moral character (Tannenbaum, Uhlmann, & Diermeier, 2011). This
connection is exploited in fiction and entertainment where animal abuse is used
as a characterization shortcut to show that a character is a villain (a.k.a., the
“kick the dog” trope; TVtropes.org, 2014).
Public condemnation of animal abusers tends to be more severe than of those
who attack adult humans, but shares some characteristics with attitudes towards
child abusers (Levin & Arluke, 2013). This same general type of moral condem-
nation is shown (to a much larger degree) towards perpetrators of other par-
ticularly transgressive crimes such serial sexual assault and serial murder, and
to large-scale atrocities such as genocide, and more recently terrorism (Finkel,
2006). It also comes into play with crimes not inevitably connected with causing
suffering such as bestiality (Vollum, Buffington-Vollum, & Longmire, 2004) and
cannibalism (Foucault, 2003).
The intuitive understanding of animal abuse as a moral crime at some point
on this scale leads naturally to a suspicion that animal maltreatment may be an
indicator of a person whose deviant behavior may rapidly or inevitably escalate
(e.g., the “violence graduation” hypothesis; see Arluke, Levin, Luke, & Ascione,
1999; Wright & Hensley, 2003). This is a proposition for which there is consider-
able case study and anecdotal evidence (Johnson & Becker, 1997).
Other traits associated with the moral monster include that the perpetrator
was born with this quality, that their cruelty is indiscriminate, and that they
are incurable (see: Skeem et al., 2011). The community response to crimes
that provoke strong emotions is to condemn and seek to shun the perpetra-
tor by exclusion or via incarceration (Foucault, 2003). This can lead to an
emphasis on severe sentences (Nichols & Knobe, 2007) of retribution that
signal moral repugnance rather than focusing on reducing lifetime offend-
ing (Brimer, 2008). Animal abuse is typically an exception to this punitive
approach; however, there is evidence of a recent move towards felony convic-
tions and campaigns to create animal abuse offender registries (see Nowicki,
2010; Sauder, 2000).
There is also a tendency to want certainty when it comes to predicting immoral
crime commission and recidivism. For example, during the 1980s and 1990s, dis-
proportionate faith in unreliable “warning signs” of abuse (Cozolino, 1989) led
to a spate of false convictions and the promulgation of the myth of widespread
satanic ritual abuse (Victor, 1993). Now we see similarly tenuous warning signs
relating to animals, such as owning a pit bull (Barnes et al., 2006) as a predictor of
criminality. And while current efforts to broaden the opportunities to continue
confinement of perpetrators of sexual crimes after their sentence is completed
are often based on the belief that sexually violent criminals are highly recidivist,
empirical research suggests that they are rearrested at a similar rate to perpetra-
tors of other offenses (Douard, 2007). Although it is important to understand
142 T heory and R esearch on A nimal M altreatment
that some animal abusers may currently, or eventually, target other animal and
human victims—it is equally true that many (perhaps most) will not re-offend.
When responding to a person’s first detected act of animal abuse, the assess-
ment of dangerousness (specifically whether their future behavior will harm the
well-being of others) exposes us to two potential errors. If we overestimate their
dangerousness, we may be reacting in ways that are unfair and increase the likeli-
hood of the person’s aggression, such as through custodial sentences which may,
in some cases, serve to increase future criminal behavior (Gendreau, Cullen, &
Goggin, 1999). If we under-react, we risk failing to prevent future violence. Thus,
the actual incidence of different types of animal abuse and its correlation with
other abuse types is important to understand in deciding when and how to inter-
vene with any given subject.
I N C I D EN C E A N D C O R R EL AT I O N S
The first step in this process is to understand just how rare or commonplace
animal abuse is in the wider community. The underlying incidence of a behavior
begins to allow us to judge how unusual, and thus to some extent how abnor-
mal, animal abuse is as a crime in its own right. The relative prevalence of the
behavior also contributes directly to probabilities that underlie false-positive and
false-negative rates.
In order to determine the incidence of animal abuse in general control or nor-
mative populations, there needs to be an agreed-upon definition of the behav-
ior in question. The form of animal maltreatment most commonly researched is
animal abuse, often defined as: “Socially unacceptable behavior that intention-
ally causes unnecessary pain, suffering, or distress to and/or death of an ani-
mal” (Ascione, 1993, p. 228). This definition or something similar is used in the
studies discussed below. By far the most common data collection method used
is self-reporting via a survey tool. This definition is designed for screening popu-
lations, and is similar to “violence” as the category of abuse of humans except
that it is more specific. That is, this widely accepted definition of animal abuse
includes only physical harm and not threats or psychological intimidation (c.f.
human violence, see Krug, Mercy, Dahlberg, & Zwi, 2002). As such, it is focuses
on intentional actions that physically damage the animal victim, rather than the
nature of the perpetrator’s psychological motivation.
Until recently, studies of animal abuse very rarely included a control group
(of people known to be nonviolent towards humans) and were almost never con-
ducted with a general community sample, perhaps on the assumption that ani-
mal abuse simply was not perpetrated by “normal” people. However across 13
studies (Baldry, 2003, 2005; DeGue & Delillo, 2009; Felthous, 1979; Flynn, 1999,
2002; Henry, 2004, 2006; Kellert et al., 1985; Kellert & Felthous 1985; Levin &
Arluke, 2009; Salter et al., 2003) measuring the incidence of at least one prior
The Relation of Animal Maltreatment to Aggression143
The second issue to address is whether people known to have been violent against
humans are more likely to have a history of animal abuse. Case studies are often
presented to show how many serial murderers have a history of animal abuse
and are indiscriminately callous towards both human and non-human animals.
However, case studies that do not fit that pattern are rarely cited to provide some
balance to the anecdotes provided. For example, serial killer Carl Panzram
144 T heory and R esearch on A nimal M altreatment
wrote: “These two things are I am sorry that I have mistreated some few animals
in my life-time and I am sorry that I am unable to murder the whole damed [sic]
human race.” This is an example of a serial killer who apparently felt extreme
enmity to all humans, but no apparent generalization to non-human animals,
though he did harm them. So, case studies and anecdotes can be rallied for and
against linking crimes against human and non-human animals.
If we turn to more empirical studies that identify populations of people who
have been violent against humans and investigate whether they have prior acts
of animal abuse, again a high degree of variance is found. Figure 5.1 shows 12
research studies in which the presence or absence of a history of animal abuse
was determined through self-report, clinical or criminal histories, or a combina-
tion of these methods. This determination was made for two matched samples of
people, one with a history of violence against humans, and one without (selec-
tion details as per Patterson-Kane & Piper, 2009; with additional studies added
to the analysis).
Figure 5.1 The correlation between violent conduct and previous animal abuse in
matched violent and nonviolent populations.
Studies included in chronological order: Hellman & Blackman, 1966; Sendl &
Blomgren, 1975; Felthous & Yudowitz, 1977; Felthous, 1979a; Lewis et al., 1983;
Langevin et al., 1983; Paitich, Orchard, Handy, & Russon, 1983; Kellert & Felthous,
1985; Santtila & Haapasalo, 1997; Salter et al., 2003; Merz-Perez & Heide, 2004; Henry
and Sanders, 2007; Ascione et al., 2007; Volant et al., 2008; & Harness, 2011.
The Relation of Animal Maltreatment to Aggression145
Even if we assume animal abuse falls at the lower end of the available estimates,
2% to 10%, it is reasonable to suspect that many people who commit at least one
act of animal abuse do not go on to be seriously violent against people (the “false
positive effect,” Levin & Arluke, 2009). Indeed, the forward facing prediction
(“than animal abusers will be violent to human in the future”) has proved dif-
ficult to demonstrate.
There is evidence to suggest that violent offenders may be indiscriminate as to
who they victimize, but also may be very selective. In a significant proportion of
households where violence occurs, there is only one victim type (e.g., domestic
partner, children, or pet animals; Brennen et al., 2010). In fact, some researchers
have noted a web of intercorrelations between deviant behaviors in which animal
abuse and violence against humans are not uniquely associated. For example,
in a study by Walters (2013), animal abusers showed a similar elevated risk of
offending in both violent and nonviolent ways.
146 T heory and R esearch on A nimal M altreatment
AG G R AVAT I N G FACTO R S
thrill killing and spotlighting (Green, 2002; Hutchinson & Dalke, 2011), and
slaughterhouse workers (Dillard, 2008; Richards, Signal, & Taylor, 2013). In
general, however, animal maltreatment that is legal and has widespread social
acceptance tends to have little or no association with criminal forms of vio-
lence against animals or people.
Most cultures have recognized categories of animals that may be killed
inhumanely without widespread disapproval, such as swatting flies, using
glue traps for rodents (who subsequently starve to death), or culling wild
wolves. The animals excluded from moral consideration will vary consider-
ably according to culture and be correlated in some cases with the perceived
dangerousness of the animals (e.g., predatory animal or disease-related pests).
Education about animals of different types, even when it is devoid of any
explicitly humane or anti-cruelty material, tends to improve the attitudes of
people towards these animals perhaps by fostering the development of moral
sensitivity (Kahn, 2006).
Many aggressive acts straddle a zone that is typically legal but morally
contested or given different moral status in different communities, such as
equestrian sports (Campbell, 2013), bullfighting (Grana et al., 2004) and
spanking children (Fielding et al., 2011). And some types of livestock farming
have become contested by groups who suggest abuse is endemic on “factory”
farms (Prunty & Apple, 2013). Likewise, various kinds of hunting and trap-
ping have been a subject of open debate and struggle for public acceptance
between a cruel/killing narrative or natural/conservation/sport paradigm
(Peterson, 2004).
The division between normal and deviant violence clearly changes over time.
In the past it would be considered quite normal to go to view an execution of
humans and/or animals in staged fights. Today, fighting (e.g., boxing) remains
widely accepted, animal fighting is largely but not entirely criminalized, and the
idea of viewing a human execution purely for entertainment is almost unthink-
able. A case can be made for the views of harm and killing being prima facie
undesirable, but the greatest psychological difference seems to appear between
those who abstain or limit themselves to legal and socially acceptable formats,
versus those who do not. To the extent that any of these activities becomes
deemed deviant by wider society, its relation to other forms of abusive behavior
is likely to change.
When dealing with specific cases, one must consider whether the perpetrator
is performing an act they know to be considered “bad” by their own immediate
community. If not, this “normative” abuse generally warrants an educational
approach to correct pro-abuse social learning that may have occurred at a
young age (Tiplady & Start, 2013), and its linkages to other types of maltreat-
ment may follow cultural lines. For example, the “macho personality” has been
associated with violence against women (Parrott & Zeichner, 2003) and animals
(Grandin, 1988)—however, the degree of co-occurrence has not been empirically
established.
148 T heory and R esearch on A nimal M altreatment
There is evidence that aggressive behaviors are often under the control of both
personal morals and interpretations of social expectations and these two may
differ, such as in the famous Milgram experiments where the immorality of
hurting people was placed in conflict with the instructions of a trusted author-
ity (a scientist at a prestigious university) (Milgram, 1974; Kahn, 2006). Social
unacceptability and/or illegality can be seen as one element that makes animal
maltreatment more severe. But there are other severity factors such as frequency,
victim type, and whether the maltreatment involves prolonged physical contact
with the animal.
To support the importance of severity as a refining factor, there is mounting
evidence that multiple cases of animal maltreatment are more likely to be signifi-
cant when it comes to predicting current or future maltreatment of people. For
example, Henry and Sanders (2007) found that those who had abused animals
two or more times were more likely to be involved in bullying (as a victim or per-
petrator) but those who abused once were indistinguishable from non-abusers.
Felthous and Kellert (1986) found that only more “substantial” types of animal
abuse (defined as deliberate, repeated acts causing serious harm to vertebrate
animals) distinguished violent criminals from other groups. Under this prin-
ciple, some types of abuse (e.g., manual strangulation, certain forms of animal
sexual abuse) that involve prolonged contact might be considered innately severe
(Hensley, Tallichet, & Dutkiewicz, 2010).
Similar results relating the role of severity have been found in relation to other
violent behaviors, which also exist on a continuum where milder forms of the
behavior are not strongly correlated with other forms of violence and criminal
behavior. For example, this has been shown in relation to violence (Meloy, 2006),
domestic violence (Fowler & Western, 2011), fire setting (Del Bove & MacKay,
2011), and spanking children (Brennen et al., 2010).
In other areas this pattern has not yet been found, but the groundwork of
establishing that the behavior has mild and severe forms is being laid. Even
“immoral” crimes exist in forms where suffering is caused to the victims and
forms where it is not (e.g., via fantasy or role play) (re: necrophilia and bestial-
ity; Aggrawal, 2009, 2011). Thus, one can posit that someone may be described
as only “mildly pathological” or not criminally dangerous even when it comes
to these highly transgressive motivations, depending on where they fall on the
spectrum of their disorder. It can even be argued that one of the most cru-
cial traits of people more inclined to cruelty and sadism exists in mild forms
in most normal people. One example is the experience of “schaudenfreude”—
taking pleasure in the misfortunes of others (especially those we envy; Cikara
& Fiske, 2013).
In developing a “link” narrative, defining the scope of the two behaviors being
linked is important. Statistically speaking, the concept of a meaningful correla-
tion of this type depends on the assumption that two types of offending spring
from a common attribute found in the target population (the nature of which
The Relation of Animal Maltreatment to Aggression149
is currently unclear but has been posited to relate to personality traits and/or
psychological disorders). This assumption seems to be increasingly unsupported
in many areas. An immediate response to this realization would be to identify
subsets with a more homogenous nature between which correlation with predic-
tive strength may be found—such as animal abuse of a severe type and/or an
intentional, especially sadistic, motivation (Levin & Arluke, 2009).
OV ER A L L AG G R ES S I O N
Animal abuse and human violence have been attributed to underlying personal-
ity traits such as low self-esteem, aggressiveness, or impulsivity, and a history
of animal cruelty during childhood was significantly associated with antiso-
cial personality disorder, antisocial personality traits, and polysubstance abuse
(Gleyzer et al., 2002). The involvement of animal maltreatment often occurs as
part of a suite of antisocial behaviors. There is sometimes an expectation from
the lay public or the courts that these diagnoses will assist in the assessment and
prediction of dangerous behavior—and thus the treatment (or where necessary
containment) of the person (Skeem et al., 2011)—but this use may contribute to
a false positive effect (Buchanan & Leese, 2001; Farnham & James, 2001; Grisso
& Appelbaum, 1992). Thus the prediction of dangerousness must be recognized
as an exceedingly difficult task with serious consequences for the individual and
for society.
The cognitive sciences have a relative poor record of successfully pre-
dicting behavior, including dangerous (e.g., violent, criminal) behav-
ior. Some approaches to this problem, although they persist in the public
150 T heory and R esearch on A nimal M altreatment
awareness due to being televised dramas like Criminal Minds, should be con-
sidered obsolete—for example “The Triad” which posits that animal cruelty,
bed-wetting, and fire setting are associated with each other and future violent
behavior which was a plausible- hypothesis that empirical study was never
able to substantiate (Heath, Hardesty, & Goldfine, 1998; Langevin, et al., 1983;
Slavkin, 2001).
L ES S - ST U D I ED M A LT R E AT M EN T SC EN A R I O S
C O N C LU S I O N
Every person and animal has the potential to exist in the context of multiple vic-
tim and perpetrator relations. For example, ownership of a pit bull-type dog kept
as a “status” dog may, in certain contexts, indicate a person more likely to show
antisocial behavior (Ragatz et al., 2009, c.f. Egan & MacKenzie, 2012), the dog
may be used to attack and intimidate others (animal and human), and the dog
may simultaneously be the victim of irresponsible ownership, neglect, or abuse
(Maher & Pierpont, 2011).
Many factors contribute to a tendency towards false positives when estimat-
ing dangerousness of animal abusers, including a relatively low overall inci-
dence and widespread misunderstanding as to the nature of the underlying
152 T heory and R esearch on A nimal M altreatment
This area of study would benefit greatly from more research in the areas of
resiliency and desistance that might be used to assist populations of people
who live under situations where animal abuse and other antisocial behaviors
are prevalent. It has become recognized that violent and antisocial behavior
may be interconnected in complex and sometimes intergenerational cycles. It
should therefore be a natural corollary that humane, empathetic, and therapeu-
tic responses need to be as generalized and encompassing as possible and not
reserved only for the immediate victim of a given attack.
R EFER EN C ES
Febres, J. (2012). Adulthood animal abuse among men arrested for domestic violence
(Unpublished master’s thesis). University of Tennessee, Knoxville. Retrieved
from: http://trace.tennessee.edu/utk_gradthes/1272
Felthous, A. R. (1979a). Childhood antecedents of aggressive behaviors in male
psychiatric patients. Bulletin of the American Academy of Psychiatry and Law, 8,
104–110.
Felthous, A. R., & Kellert, S. R. (1986). Violence against animals and people: Is aggres-
sion against living creatures generalized? Journal of the American Academy of
Psychiatry and the Law Online, 14, 55–69.
Felthous, A. R., & Yudowitz, B. (1977). Approaching a comparative typology of assaul-
tive female offenders. Psychiatry, 40, 270–276.
Fielding, W. J., Oenbring, R. A., Brennen, S., Carroll, M. C., Bethel, N., & Minnis, J.
(2011). A first look at harm toward animals by Bahamians in childhood. International
Journal of Bahamian Studies, 17, 27–49.
Finkel, N. J. (2006). Moral monsters and patriot acts: Rights and duties in the worst of
times. Psychology, Public Policy, and Law, 12, 242–277.
Flynn, C. P. (1999). Exploring the link between corporal punishment and children’s
cruelty to animals. Journal of Marriage and the Family, 971–981.
Flynn, C. P. (2002). Hunting and illegal violence against humans and other ani-
mals: Exploring the relationship. Society and Animals, 10, 137–154.
Foucault, M. (2003). Abnormal: Lectures at the Collège de France, 1974–1975.
New York: Picador.
Fowler, K. A., & Westen, D. (2011). Subtyping male perpetrators of intimate partner
violence. Journal of Interpersonal Violence, 26, 607–639.
Gendreau, P., Cullen, F. T., & Goggin, C. (1999). The effects of prison sentences on
recidivism. Ottawa, ON: Solicitor General Canada.
Gleyzer, R., Felthous, A. R., & Holzer, C. E. (2002). Animal cruelty and psychiatric
disorders. Journal of the American Academy of Psychiatry and the Law Online, 30,
257–265.
Grana, J. L., Cruzado, J. A., Andreu, J. M., Munoz-Rivas, M. J., Pena, M. E., & Brain,
P. F. (2004). Effects of viewing videos of bullfights on Spanish children. Aggressive
Behavior, 30, 16–28.
Grandin, T. (1988). Behavior of slaughter plant and auction employees toward the ani-
mals. Anthrozoos, 1, 205–213.
Green, G. S. (2002). The other criminalities of animal-freeze-killers: Support for a gen-
erality of deviance. Society and Animals, 10, 5–30.
Grisso, T., & Appelbaum, P. S. (1992). Is it unethical to offer predictions of future vio-
lence? Law and Human Behavior, 16, 621–633.
Heath, G. A., Hardesty, V. A., & Goldfine, P. E. (1998). Firesetting, enuresis, and animal
cruelty. Cruelty to Animals and Interpersonal Violence: Readings in Research and
Application, 274.
Hellman, D. S., & Blackman, N. (1966). Enuresis, firesetting and cruelty to ani-
mals: A triad predictive of adult crime. Adolescence, 36, 461–466.
Henry, B. C. (2004). The relationship between animal cruelty, delinquency, and atti-
tudes toward the treatment of animals. Society & Animals, 12, 185–207.
Henry, B. C. (2006). Empathy, home environment, and attitudes toward animals in
relation to animal abuse. Anthrozoos, 19, 17–34.
156 T heory and R esearch on A nimal M altreatment
Henry, B. C., & Sanders, C. E. (2007). Bullying and animal abuse: Is there a connec-
tion? Society and Animals, 15, 107–126.
Hensley, C., Tallichet, S. E., & Dutkiewicz, E. L. (2010). Childhood bestiality: A poten-
tial precursor to adult interpersonal violence. Journal of Interpersonal Violence, 25,
557–567.
Herzog, H. A. (2007). Gender differences in human-animal interactions: A review.
Anthrozoos, 20, 7–21.
Huizinga, D., Schumann, K., Ehret, B., & Elliott, A. (2004). The effect of juve-
nile justice system processing on subsequent delinquent and criminal behav-
ior: A cross-national study. Final report to The National Institute of Justice, Grant
Number: 1999IJCX0037.
Hutchinson, R., & Dalke, K. (2011, January). Thrill illing in Wisconsin. Final report
to the Wisconsin Department of Natural Resources. Retrieved from http://archive.
wisconsinrapidstribune.com/assets/pdf/U0171893318.PDF
Kellert, S. R., & Felthous, A. R. (1985). Childhood cruelty toward animals among crim-
inals and noncriminals. Human Relations, 38, 1113–1129.
Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on
violence and health. The Lancet, 360, 1083–1088.
Johnson, B. R., & Becker, J. V. (1997). Natural born killers? The development of the
sexually sadistic serial killer. Journal of the American Academy of Psychiatry and the
Law Online, 25, 335–348.
Kahn, P. H, Jr. (2006). Nature and moral development. In Killen, M., & Smetana, J. (Eds.).
Handbook of Moral Development (pp. 461–480). Mahwah, NJ: Lawrence Erlbaum.
Khan, R., & Cook, D. J. (2008). Risk factors for severe inter-sibling violence: A pre-
liminary study of a youth forensic sample. Journal of Interpersonal Violence, 23,
1513–1530.
Langevin, R., Paitich, D., Orchard, B., Handy, L., & Russon, A. (1983). Childhood and
family background of killers seen for psychiatric assessment: A controlled study.
The Bulletin of the American Academy of Psychiatry and the Law, 11, 331–341.
Levin, J., & Arluke, A. (2009). Reducing the Link’s false positive problem. In Andrew
Linzey (Ed.), The link between animal abuse and human violence (pp. 163–171).
Eastbourne, UK: Sussex Academic Press.
Levin, J., & Arluke, A. (2013) “Are People More Disturbed by Animal or Human
Suffering?: The Influence of Species and Age.” Paper presented at the annual meet-
ing of the American Sociological Association, New York, NY. Retrieved from http://
citation.allacademic.com/meta/p652313_index.html
Lewis, D., Shanok, S. S., Grant, M., & Ritvo, E. (1983). Homicidally aggressive young
children: Neuropsychiatric and experiential correlates. American Journal of
Psychiatry, 140, 148–153.
Maher, J., & Pierpoint, H. (2011). Friends, status symbols and weapons: The use of dogs
by youth groups and youth gangs. Crime, Law and Social Change, 55, 405–420.
McEwen, F. S., Moffitt, T. E., & Arseneault, L. (2014). Is childhood cruelty to animals
a marker for physical maltreatment in a prospective cohort study of children? Child
Abuse & Neglect, 38, 533–543.
McGee, L., & Newcomb, M. D. (1992). General deviance syndrome: Expanded hier-
archical evaluations at four ages from early adolescence to adulthood. Journal of
Consulting and Clinical Psychology, 60, 766–776.
The Relation of Animal Maltreatment to Aggression157
Meloy, J. R. (2006). Empirical basis and forensic application of affective and predatory
violence. Australian and New Zealand Journal of Psychiatry, 40, 539–547.
Merz-Perez, L., & Heide, K. M. (2004). Animal cruelty: Pathway to violence against
people. Lanham, MD: AltaMira Press.
Milgram, S. (1974). Obedience to authority: An experimental view. New York:
Harper & Row.
Nichols, S., & Knobe, J. (2007). Moral responsibility and determinism: The cognitive
science of folk intuitions. Nous, 41, 663–685.
Nowicki, S. A. (2010). On the lamb: Toward a national animal abuser registry. Animal
Law, 17, 197–242.
Parrott, D. J., & Zeichner, A. (2003). Effects of hypermasculinity on physical aggression
against women. Psychology of Men & Masculinity, 4, 70–78.
Patterson-Kane, E. G., & Piper, H. (2009). Animal abuse as a sentinel for human vio-
lence: A critique. Journal of Social Issues, 65, 589–614.
Peterson, M. N. (2004). An approach for demonstrating the social legitimacy of hunt-
ing. Wildlife Society Bulletin, 32, 310–321.
Piper, H. (2003). Children and young people harming animals: Intervention through
PSHE? Research Papers in Education, 18, 197–213.
Prunty, J., & Apple, K. J. (2013). Painfully aware: The effects of dissonance on attitudes
toward factory farming. Anthrozoos, 26, 265–278.
Ragatz, L., Fremouw, W., Thomas, T., & McCoy, K. (2009). Vicious dogs: The antisocial
behaviors and psychological characteristics of owners. Journal of Forensic Sciences, 54,
699–703.
Richards, E., Signal, T., & Taylor, N. (2013). A different cut? Comparing attitudes
toward animals and propensity for aggression within two primary industry
cohorts—farmers and meat workers. Society & Animals, 21, 395–413.
Salter, D., McMillan, D., Richards, M., Talbot, T., Hodges, J., Bentovim, A., Hastings,
R., Stevenson, J., & Skuse, D. (2003). Development of sexually abusive behaviour in
sexually victimized males: A longitudinal study. The Lancet, 361, 471–476.
Sauder, J. G. (2000). Enacting and enforcing felony animal cruelty laws to prevent vio-
lence against humans. Animal Law, 6, 1–22.
Schlesinger, L. B., & Revitch, E. (1999). Sexual burglaries and sexual homicide: Clinical,
forensic, and investigative considerations. Journal of the American Academy of
Psychiatry and the Law Online, 27, 227–238.
Schwartz, R. L., Fremouw, W., Schenk, A., & Ragatz, L. L. (2012). Psychological
profile of male and female animal abusers. Journal of Interpersonal Violence, 27,
846–861.
Sendl, I. B., & Blomgren, P. G. (1975). A comparative study of predictive criteria in
the predisposition of homicidal adolescents. American Journal of Psychiatry, 132,
423–437.
Skeem, J. L., Polaschek, D. L., Patrick, C. J., & Lilienfeld, S. O. (2011). Psychopathic per-
sonality bridging the gap between scientific evidence and public policy. Psychological
Science in the Public Interest, 12, 95–162.
Slavkin M. L. (2001). Enuresis, firesetting, and cruelty to animals: Does the ego triad
show predictive validity? Adolescence, 36, 461–466.
Stermac, L., & Hall, K. (1989). Escalation in sexual offending: Fact or fiction? Sexual
Abuse, 2, 153–162.
158 T heory and R esearch on A nimal M altreatment
Tannenbaum, D., Uhlmann, E. L., & Diermeier, D. (2011). Moral signals, public
outrage, and immaterial harms. Journal of Experimental Social Psychology, 47,
1249–1254.
Tiplady, C., & Start, W. D. S. P. (2013). Why some people are cruel to animals. Animal
Abuse: Helping Animals and People. Oxfordshire, UK: CAB International.
TVtropes.org. (2014, January 23). Kick the dog. TV Tropes. Retrieved from http://
tvtropes.org/pmwiki/pmwiki.php/Main/KickTheDog
Vaughn, M. G., Fu, Q., DeLisi, M., Beaver, K. M., Perron, B. E., Terrell, K., & Howard,
M. O. (2009). Correlates of cruelty to animals in the United States: Results from
the national epidemiologic survey on alcohol and related conditions. Journal of
Psychiatric Research, 43, 1213–1218.
Victor, J. S. (1993). Satanic panic: The creation of a contemporary legend. Chicago,
IL: Open Court Press.
Volant, A. M., Johnson, J. A., Gullone, E., & Coleman, G. J. (2008). The relationship
between domestic violence and animal abuse: An Australian study. Journal of
Interpersonal Violence, 23, 1277–1295.
Vollum, S., Buffington-Vollum, J., & Longmire, D. R. (2004). Moral disengagement and
attitudes about violence toward animals. Society and Animals, 12, 209–235.
Walters, G. D. (2014). Testing the direct, indirect, and moderated effects of child-
hood animal cruelty on future aggressive and non-aggressive offending. Aggressive
Behavior, 40, 238–249.
Wright, J., & Hensley, C. (2003). From animal cruelty to serial murder: Applying the
graduation hypothesis. International Journal of Offender Therapy and Comparative
Criminology, 47, 71–88.
6
Understanding Animal
Neglect and Hoarding
G A RY PAT R O N E K A N D JA N E N . N AT H A N S O N ■
leaving the animal tied in a yard or confined in the home without adequate food
or water or provision for regular checks for safety and well-being. By compari-
son, there are situations where a parent may have delegated pet care to a child
or irresponsible adult, and failed to supervise that individual’s performance.
Finally, some owners may honestly not understand what care is necessary and/
or fail to recognize diseases or medical conditions causing suffering and requir-
ing veterinary attention or other intervention.
There are also cases where needed steps to prevent suffering are not taken
because the owner does not have the monetary resources to provide veterinary
care; because they may be reluctant to seek veterinary care to avoid receiving
news of a poor prognosis; or perhaps because they fear being chastised for wait-
ing too long. Other times, due to intense attachment, owners may be in a state
of denial when, due to old age, disease, or infirmity, an animal has reached the
end of his life. In these cases, animals may suffer greatly because the owner is so
deeply bonded she cannot bear the thought of euthanasia. Alternatively, there
have been situations when owners recognized a medical problem but chose an
unsatisfactory course of action, such as an unproven home remedy, an inappro-
priate human pharmaceutical, or an ineffective recommendation they found on
the Internet. Animal hoarding, which will be discussed in some depth in this
chapter, represents a form of severe maltreatment that does not fit any of these
patterns, being characterized by a deep bond for the animals in conjunction with
a profound lack of insight into their suffering and even death (Patronek, 2008).
Given this substantial variability in both etiology and mindset, it would be
incorrect to assume that all neglect is of similar severity, or reflects a less conse-
quential suffering for animals than other types of maltreatment. Intentionality,
pattern, and insight must all be assessed in each situation and not assumed.
Furthermore, although each of these reasons, explanations, or justifications
may have different implications with respect to the offender’s mindset, none are
exculpatory under animal maltreatment statutes.
In this chapter, we first examine several forms of neglect (husbandry-related
“routine” neglect, deliberate and economically motivated neglect, and
caregiver-fabricated illness in which medical problems are created or exac-
erbated by the owner). Then we consider hoarding in greater depth, includ-
ing its legal, behavioral, and clinical features, as well as theoretical models for
understanding it.
H U S BA N D RY- R EL AT ED “ R O U T I N E” N EG L ECT
are reported to authorities because the conditions are easily observed by neigh-
bors, visitors to the property or passersby. Examples include a thin animal, a
dog tied outside with no or inadequate shelter from the elements, animals with
no observable water or food bowl, matted haircoat, untrimmed nails or hooves,
animals appearing to be limping or having visible untreated injuries, or animals
whose posture and manner suggest illness, injury or discomfort.
How these cases are handled after reporting varies with each agency, but they
often take a very predictable path. The first step involves determining whether
the complaint has any validity (e.g., is the information recent, first-hand, reli-
able, and is the alleged violation within the jurisdiction of the agency and under
the scope of the law). Investigators will visit the home or site of the complaint,
determine if an actionable problem exists, assess the duration and severity of the
lapses in care, try to ascertain the reasons, and prescribe a course of corrective
action. The majority of these complaints are resolved through a voluntary cor-
rection of the conditions (Arluke, 2004). In some cases, this may be achieved
through education because there is a genuine lack of knowledge on the part of
the owner (e.g., “I didn’t realize my dog needed to have a dog house” or “I didn’t
realize her nails were so overgrown because her hair is so long”) and in other
cases because the owner is made aware that more serious enforcement will fol-
low if they fail to comply. Thus, this type of situation may be less likely to reach
prosecution and require forensic evaluation.
Nevertheless, extreme situations do occur which rightly challenge any notion
that the neglect can be construed as a benign lapse. For example, certain breeds
of dogs require regular grooming in order to maintain a healthy coat and skin.
Failure to do so can result in a cascade of ill effects, and every humane investiga-
tor has encountered dogs so severely matted that when finally shaved, the hair
was sufficiently entangled that the removed material could nearly stand on its
own, mimicking the shape of the animal it originated from. These cases may
be accompanied by a terrible odor due to extensive skin infection and/or tis-
sue necrosis, corneal ulceration or damaged eyeballs, lameness from ingrown
nails, deep perianal infection from chronic fecal impaction in the hair around
that area, and urine scalding on the skin. Conditions this extreme could easily
take months to evolve, legitimately challenging any suggestion that a competent
owner could simply fail to notice or that the situation could have developed as an
honest mistake by an otherwise attentive caregiver.
Therefore, in cases of neglect, it becomes critical to explore and assess a per-
son’s understanding of proper animal husbandry and whether he or she has
the mental and/or physical capacity to provide adequate care, for that animal
or any others, now and into the future. In any case of maltreatment, if one
animal is at risk, others may be at risk as well, even if apparently healthy at the
time of the investigation. The most vulnerable and therefore first to suffer may
be the weakest, youngest, or oldest, or those exposed to the conditions the
longest. Since neglect of animals may co-occur with child, dependent adult,
elder, or self-neglect, for example, it is important to consider the entire family
situation.
162 T heory and R esearch on A nimal M altreatment
Familiarizing oneself with the standards of care for various types of animals
and understanding the specific lapses that brought the person to the attention
of the legal system are important here. Factors that could be useful to explore
include, but are not necessarily limited to, the following:
• Previous history with this and other pets, including reasons for acquisi-
tion, duration of ownership, reasons for animals leaving the household,
and veterinary care
• What is the person’s relationship with this pet and others in the house-
hold? Why does the individual have this pet and what is his or her func-
tion in the family setting?
• Is there a mentally competent adult responsible for care of pet?
• How long may the conditions causing concern have been present?
• Were there significant life events for the individual around the time that
the animal’s neglect appears to have begun?
• What types of lapses in care or recognition of problems were necessary
for the conditions to develop?
• What is the person’s level of insight into the situation and condition of
the animal(s)?
• What is the level of concern for the animal(s)?
• Is the animal(s) being physically abused as well?
• Are any people in the home at risk, and/or have there been visits from
adult or child protective services agencies?
Neglect can occur with species other than those commonly kept as housepets.
For example, there are numerous cases of groups of horses being left to forage on
their own for food in pens or pastures lacking any grass. Without provision of an
adequate amount of hay and/or grain, animals lose body condition and gradu-
ally starve. These situations will likely have other forms of neglect present—often
stalls will be deep in manure from not being cleaned, hooves will be overgrown
from lack of regular trimming and cause a distorted posture with pain and lame-
ness, and teeth will be overgrown, preventing adequate grinding of any food
material that may be present.
When evaluating these explanations, it is also essential to be mindful of breed-
and species-related differences. Acceptable husbandry for farm animals, wildlife,
birds vs. mammals, or exotic animals may vary substantially due to differences
in biology and behavior. An environment that is appropriate for one animal
may be dangerous for another. For example, some animals may be housed out-
doors even in winter, providing they have adequate food, good body condition,
and hair coat, whereas others would suffer and/or die in the same conditions.
Micro-environment must also be taken into account, as even within the same
room or building, placement of cages may affect temperature, ventilation, or
exposure to heat or cold. It is impossible to comprehensively review this material
here. Thus, it would be advisable to review whatever court records are available
and whenever possible, to consult the veterinarian involved in the case to fully
understand the requirements for care for a particular type or species of animal(s)
and how far conditions may have deviated from the norm in a given situation.
D EL I B ER AT E A N D EC O N O M I CA L LY
M OT I VAT ED N EG L ECT
The motivation for deliberate neglect can overlap with other kinds of intentional
cruelty, such as a desire to inflict pain and deriving satisfaction from animal suf-
fering. For further information on those types of cases, see Chapter 4. However,
there are many kinds of neglect that may not be accompanied by the kind of
enjoyment of pain and suffering an offender might derive from deliberately tor-
turing an animal, but that reflect such an egregious degree of indifference to eas-
ily foreseeable adverse consequences for an animal that any notion of husbandry
lapses or ignorance as an excuse should be rejected out of hand. An example
might include failure to provide an adequate diet, resulting in starvation, which
would occur over an extended period of time and reflect conscious decisions to
ignore the animal.
Abandonment is a form of deliberate neglect, but the motivation may vary
with the circumstances. Some owners have abandoned animals rather than take
them to a shelter because they fear the risk of euthanasia or perceived embarrass-
ment, trouble, or expense of surrendering to a shelter. It is possible that they may
believe that either some Good Samaritan in the neighborhood may take the pet
in, or the pet will at least for a time be able to fend for him or herself. However,
164 T heory and R esearch on A nimal M altreatment
other owners have simply moved away and left animals locked inside homes,
basements, garages, or pens, or chained outside without food or water and no
provision for care. Although both acts are illegal, these are clearly different situ-
ations with respect to motivation, intent, and range of outcomes for animals.
Leaving a dog in a hot car is an example of neglect that clearly involves a
deliberate choice, even if the owner failed to appreciate the immediacy of the
potential consequences. Some owners clearly do not understand how rapidly
temperatures in a car, even with windows cracked, on a warm day can reach
lethal levels. However, there are also cases where the decision to leave an animal
in such circumstances can reflect recklessness, given the prevailing environmen-
tal conditions (e.g., a hot day and car parked in direct sunlight, which would be
intolerable for a person sitting in such conditions for more than a minute or two).
Unfortunately, the same errors in judgment occur all too frequently with human
children, and every year children die as a result.
Various forms of egregious medical neglect also occur. A common condition
discovered by authorities are dogs with a collar deeply embedded into the skin
and tissue of the neck. This can occur when a collar or chain is placed on the
dog as a puppy, and never again checked or adjusted as the dog grows to adult
size. In the worst cases, muscles in the neck may be severed by the constriction,
and the wound may be inflamed and seeping due to secondary infection with
bacteria or insect larvae. Failure to notice such a condition suggests either gross
indifference or isolation of the dog from any type of regular human contact.
Although maltreatment statutes do not require that any specific veterinary care
be provided in the case of a medical condition, they do require prompt relief of
suffering, either through appropriate veterinary care or euthanasia. Therefore,
failure to have obvious wounds or skin conditions addressed, failure to repair a
broken leg, failure to provide relief from an externally visible cancer, or allow-
ing an animal to suffer from a severe chronic lameness could all be construed as
medical neglect resulting in unnecessary suffering.
Significant neglect could also occur when animals are utilized as a source of
revenue and owner/sellers attempt to maximize profits by providing substandard
care. Examples of this would be some commercial dog breeders referred to as
“puppy mills” or certain types of roadside zoos, petting zoos, animal auctions,
or other kinds of animal exhibits. In order to monitor animal health and ensure
minimal levels of care, wholesale dog breeding operations are regulated by the
USDA. Until recently, direct-to-consumer sales have been exempt from USDA
oversight under the theory that people would only be able to purchase these dogs
from a retail pet store, where the conditions could be directly observed. However,
the Internet made it easier for wholesale breeders to sell directly to consumers,
thereby bypassing the requirement for USDA regulation, a loophole that has now
been closed. Importantly, substandard commercial breeders can still be pros-
ecuted under state animal cruelty statutes. Similarly, so-called “backyard breed-
ers” may raise smaller numbers of dogs under substandard conditions, and their
motivation also appears largely economic in that they do not appear to be par-
ticipating in dog shows or breeding dogs with the express purpose of winning
Understanding Animal Neglect and Hoarding165
competitions. There have also been cases of neglect where pet store owners sim-
ply locked the doors and walked away from a failing business, or just simply
chose not to provide needed food and water or to relinquish animals they could
not care for to a local animal shelter. In some cases, live animals have been found
discarded with trash. There have been agricultural cases where owners could
no longer afford the cost of feed, and large numbers of farm animals were left to
starve. Dogs kept for illegal dogfighting where income is derived from wagering
on the fights might also be the victims of neglect, in addition to the suffering
from the actual fighting. Cockfighting is another example where neglect may
occur. Horses often represent a source of income for the owner (e.g., urban car-
riage rides, riding stables leasing horses to the public by the hour or providing
lessons, pony rides at fairs and events) and thus economically motivated neglect
can occur in these situations as well.
CA R EG I V ER- FA B R I CAT ED I L L N ES S
A N I M A L H OA R D I N G AS A D I ST I N CT I V E
FO R M O F N EG L ECT
illness. Therefore, the remainder of this chapter will be devoted to this severe
and challenging form of animal maltreatment, which has a poorly characterized,
perplexing, and potentially severe psychopathology.
In this section we will discuss common misconceptions about animal
hoarding and the challenges of addressing it through the legal system under
current animal cruelty statutes. We will review the clinical features of animal
hoarding for the three best-described types (overwhelmed caregiver, rescue
hoarder, exploiter hoarder); how animal hoarding compares to object hoard-
ing; what is known or suspected about its etiology as an attachment-related
disorder rooted in trauma; and how deficits in mentalization as a result of
impaired attachment processes may be one mechanism by which this behav-
ior is sustained. Finally, important points to consider during the forensic eval-
uation process will be noted, many of which will be applicable to other forms
of neglect as well.
Animal hoarding may be the most difficult form of animal maltreatment for the
legal system to address precisely because of the overwhelming and poorly under-
stood contribution of mental health issues, and the paradoxical relationship
between professed good intentions and terrible consequences for animals (Berry
et al., 2005; Patronek, 2008; Schwalm, 2009). It also differs in the large number of
animals potentially involved in a given case (dozens are typical, but hundreds are
not unusual). Historically, cruelty statutes were developed primarily to address
individual acts of maltreatment, which tend to occur comparatively acutely,
versus the collective gradual neglect of populations of animals whose suffering
intensifies over a long period of time without a clear point of onset (Schwalm,
2009). In hoarding, large numbers of animals suffer gradually from a series of
incremental, additive, and intertwined failures of care and decision-making defi-
cits that deprive them of factors essential to animal well-being (“Five Freedoms”),
leading to injury, disease, suffering and death. As identified by their original
developers (FAWC, undated), the Five Freedoms are:
1. Freedom from Hunger and Thirst—by ready access to fresh water and
a diet to maintain full health and vigor.
2. Freedom from Discomfort—by providing an appropriate environment
including shelter and a comfortable resting area.
3. Freedom from Pain, Injury, or Disease—by prevention or rapid diag-
nosis and treatment.
4. Freedom to Express Normal Behavior—by providing sufficient space,
proper facilities, and company of the animal’s own kind.
5. Freedom from Fear and Distress—by ensuring conditions and treat-
ment which avoid mental suffering.
Understanding Animal Neglect and Hoarding167
The “Five Freedoms” are similar to Maslow’s hierarchy of needs, in that they
progress from defining basic physical necessities to more subjective but equally
important components of welfare such as freedom from fear and emotional
distress and the affirmative need to express normal, species-specific behavior.
Although some of these concepts may not have been specifically articulated
when maltreatment statutes were written, they may legitimately be covered
under the umbrella of commonly used terms such as “needless suffering.” This
could potentially provide a mechanism for ensuring that interpretation of laws
remains aligned with evolving concepts of animal welfare.
Nevertheless, it is fair to say that law enforcement officials may be reluctant
to bring charges solely due to issues involving the more subjective aspects of the
“Five Freedoms.” Although animal hoarding clearly can be successfully prose-
cuted under current animal cruelty statutes, as Figure 6.1 illustrates, prosecution
often does not occur until considerable animal suffering has occurred. Mental
suffering due to excessive crowding, prolonged confinement, and deprivation of
Cruelty typically
prosecuted
+/– means the Freedom in question is present sometimes, as opposed to never or always.
Figure 6.1 Relationship of presence of the Five Freedoms for animal welfare to quality
of life for animals.
Source: Arluke, A., & Patronek, G. J. (2013). Animal hoarding. In M. P. Brewster and
C. L. Reyes (Eds.), Animal Cruelty: A multidisciplinary approach to understanding.
Durham, NC: Carolina Academic Press. Figure 2, page 208. Reprinted with kind
permission from Carolina Academic Press.
168 T heory and R esearch on A nimal M altreatment
defendant over the consequences of maltreatment for the animal victims, or con-
clude that without intent, the particular statute has not been violated (Schwalm,
2009). Defense attorneys may well argue for return of some or all of the animals
to the offender’s care. Furthermore, when the defendant claims to be a shelter,
rescue, or hospice, due to confusion over these terms and entities, courts may fail
to critically examine whether the situation is in any way rehabilitative or there is
any evidence that the needs of animals (as opposed to the needs of the offender)
are being considered. The lack of understanding on these points impedes the
trial process itself, as well as the critical sentencing and disposition decisions to
be made after the trial.
Evidence to date suggests that whatever the short-term outcome of the case
may be, animal hoarding has a very high recidivism rate, perhaps approaching
100% (Berry et al., 2005). This may be because the mental health issues that ren-
dered the defendant incapable of providing adequate care are not addressed by
fines, removal of some or all of the animals, community service, or jail. It is even
more troubling when, due to this failure to appreciate the situation in light of
what may be significant limitations in a person’s capacity for care, decisions are
made that either return animals to this high risk environment, or fail to protect
other animals who may not have been the subject of the criminal charges. With
regard to the sentencing of animal hoarders, in most states, counseling is not
mandatory. In those circumstances where counseling is court-mandated, it is
not known whether the treatment is provided by a mental health professional
knowledgeable about animal hoarding behavior. Indeed, there are few experts
in this area. Object hoarding is a treatment-resistant condition typically requir-
ing a protracted course of therapeutic intervention by an experienced therapist
(Steketee & Frost, 2007). Frost et al. (2011) suggest that the hoarding of animals
may reflect an even greater lack of insight and more complex psychopathology
than object hoarding. To date, there are no tested or generally accepted pro-
tocols for treating animal hoarders, and it is unknown to what degree, if any,
techniques such as cognitive behavioral therapy that have been used with some
success in object hoarding will be transferable. There is no evidence that recom-
mendations that the perpetrator seek unspecified “counseling” are likely to be
effective. Therefore, it seems safe to say that any notion of “quick fix” treatments
should be considered very skeptically.
Legislative Dilemmas
thus the wording of any legislative solution must be considered very carefully.
The language in DSM-5 (300.3 (F42)) closely follows a previously published
definition (Patronek, 1999). It states “Animal hoarding can be defined as the
accumulation of a large number of animals and a failure to provide minimal
standards of nutrition, sanitation, and veterinary care and to act on the deterio-
rating condition of the animals (including disease, starvation, or death) and the
environment (e.g., severe overcrowding, extremely unsanitary conditions).” The
use of the term “large” seems appropriate for clinical use, but could create some
conflict with legal requirements (Schwalm, 2009).
At the time of this writing, only two states (Hawaii and Illinois) have language
about hoarding in their animal cruelty statutes (neither of which is considered to
be a model to replicate), which read as follows:
Illinois (2001) 510 Ill. Comp. Stat. Ann.70/2.10. This legislation amended
the Illinois Humane Care for Animal Act [66] to define a “companion animal
hoarder” as [A]person who (a) possesses a large number of companion animals;
(b) fails to or is unable to provide what he or she is required to provide under
Section 3 of this Act [food and water, adequate shelter and protection from
whether, veterinary care, and human care and treatment]; (c) keeps the compan-
ion animals in a severely overcrowded environment; and (d) displays an inabil-
ity to recognize or understand the nature of or has a reckless disregard for the
conditions under which the companion animals are living and the deleterious
impact they have on the companion animals’ and owner’s health and well-being.
Hawaii (2009) Haw. Rev. Stat. § 711-1109.6. This legislation amended the
penal code to specifically criminalize animal hoarding as follows:
As Schwalm (2009) argues, these laws are fundamentally redundant as they tie
the definition of one (hoarding) to the other (animal cruelty). Thus, as currently
conceptualized, other statutes will already have been violated by the time condi-
tions for animal hoarding were fulfilled. In particular, Schwalm (2009) points out
the problems inherent with subjective language and blurring of human behav-
ioral requirements and numerosity (i.e., how the number of animals is specified
or not). Schwalm (2009) also notes that language in most anti-cruelty statutes
has already withstood constitutional challenges, but new language regarding
numerosity has not (e.g., a “large” number). A “bright line” number in a statute
Understanding Animal Neglect and Hoarding171
would certainly avoid any issues of vagueness, but we cannot think of how one
could rationally derive such a number that would clearly identify a hoarding
situation.
note: This table was constructed from text published in Patronek, G. J., Loar, L., & Nathanson, J. N. (Eds.). (2006). Animal hoarding: Structuring
interdisciplinary responses to people, animals, and communities at risk. Retrieved from http://www.tufts.edu/vet/hoarding/pubs/AngellReport.pdf
174 T heory and R esearch on A nimal M altreatment
delve more deeply into their histories and thereby evolve a theoretical trajectory
of behavioral development.
Much of what we know or assume about animal hoarders is derived from the
considerably more extensive literature about object hoarding, which indeed was
sufficiently robust to identify hoarding as a new disorder in DSM-5. A compara-
tive study of animal vs. object hoarding indicates that both are characterized by
intense urges to save the animal or object, and extreme difficulty with parting
(Frost et al., 2011; Patronek & Ayers, 2014). Both exhibit lack of insight into the
conditions and both have strong beliefs about responsibility and control as well
as intense attachment. Our experience with animal hoarders is consistent with
that described for object hoarders (Landau et al., 2011) in that both report trau-
matic life events. As we will describe later, this is believed to heavily influence
the development of animal hoarding. There are some discrepancies about gender
differences in treatment samples vs. community samples of object hoarding, but
women are overrepresented in animal hoarding (HARC, 2002; Patronek, 1999;
Patronek & Ayers, 2014). The lack of insight in animal hoarding may be even
more severe than in object hoarding. Due to the sanitary issues that necessarily
accompany the collection and maintenance of animate beings in a limited space,
animal disease, and/or the presence of animal carcasses, the impact on the envi-
ronment and public health may be more severe.
Neglect of self and/or others is a common, although not universal, feature of
animal hoarding (Nathanson, 2009). As previously indicated, there are some
cases where the hoarder does not share the same living space as the animals.
Since self-neglect is not always apparent upon meeting an animal hoarder
outside her/his home, the hoarder’s private life and home conditions must be
examined to rule this out. At first, it might be the observer’s reaction to assume
that the individual is enduring unsafe, unsanitary, unhealthy conditions due to
“self-sacrificing” (as noted earlier) because of having devoted one’s focus exclu-
sively on the animals. However, Nathanson’s long-term work with self-neglecting
elders in general, as well as with animal hoarders, has found that even when
the person is offered resources to improve personal and home care, nutrition,
and even financial assistance, these betterments are often rejected. Resistance to
help may be complicated by cognitive as well as emotional factors. Nathanson
(2009) has cited Bozinovski’s (2000) theory of “continuity of self and control”
(which is applied to elder self-neglecters), as being relevant to the animal hoard-
ers who refuse intervention and assert their positive identity as a “rescuer” and
deny that conditions for themselves or their animals are harmful or otherwise
unsatisfactory.
As yet, there are no published studies summarizing the findings of psychologi-
cal/psychiatric evaluations of animal hoarders. However, the presence of numer-
ous comorbid psychological disorders has been reported for object hoarders
Understanding Animal Neglect and Hoarding175
(Frost et al., 2011). Regardless, the shocking environmental conditions and the
profound lack of insight into the suffering of the animals seem to be prima facie
evidence that something is terribly wrong. As mentioned earlier, object hoarders
are considered a difficult and treatment resistant population, although there are
studies indicating some success with cognitive behavioral therapy, mostly with
patients with the motivation to seek help (Gilliam et al., 2011; Muroff et al., 2014;
Pollock et al., 2014; Tolin et al., 2007). Few animal hoarders appear to volun-
tarily seek help or mental health treatment, which may not be surprising due to
their frequent social isolation, extreme lack of insight and denial, and the emo-
tional dependency they have on the animals. Whether that may change now that
hoarding disorder may now be reimbursable by health insurance as a result of
listing in DSM-5 is unknown. Nevertheless, at present there are no published,
tested therapies specifically for animal hoarders, and it is unknown how effective
strategies used for object hoarders might be applied to this subgroup.
What is it that hoarders tell us (and the courts) in defense of their actions?
Despite the differences among the various types of hoarders described in the
typology (Table 6.1), what hoarders consistently say is that they love their ani-
mals, that they are providing care (sometimes rehabilitative care or hospice
care), and that they are innocent of any wrongdoing with regard to deficien-
cies in the animals’ conditions or violations of human health and housing codes
(despite living conditions deemed unfit for human habitation and sick, dying,
and dead animals present). Indeed, it is not uncommon for hoarders to repre-
sent themselves as legitimate humane societies, SPCAs, pet rescue operations,
“no-kill” shelters, pet hospice, and so on. In an ideal world, it would be possible
to reject such claims out of hand. But given the fragmented and unregulated
nature of these various animal care activities across the United States, it is unfor-
tunate that the distinctions are not always so clear. Recently, the Association of
Shelter Veterinarians published a set of guidelines for animal care that attempt
to remove some of the ambiguity about what constitutes acceptable medical and
behavioral care for animals in population settings (Newbury et al., 2010). That
document was endorsed by major animal welfare organizations in the United
States and Canada, and provides a benchmark for courts and forensic evaluators
to refer to when considering animal needs and care issues.
A major challenge to effective intervention with an animal hoarder is how
to reconcile their statements and deeply held beliefs that fall so far from objec-
tive, verifiable reality by any reasonable standard. A critical difference between
animal hoarding and most other types of animal maltreatment is that there is
a strong human-animal bond. As odd as it may seem, this attachment does not
always end with death. It is not uncommon for hoarders to let animals die, avoid
acknowledgment of death, and to resist removal of corpses or to ask for return of
remains after legal proceedings are concluded. This bond must be acknowledged
and explored in order to gain some understanding of this behavior.
In the next section, we will discuss the nature and importance of the
human-animal bond and the functions animals may serve when a “normal”
bond is present. To that end, we will review seminal work by Brown describing
176 T heory and R esearch on A nimal M altreatment
Animals as Selfobjects
Brown has explored the nature of the human-animal bond and attachment from
a psychodynamic perspective, grounded in concepts of self psychology (Brown,
2004, 2007, 2011). In this section, we will summarize the theoretical approach
she has put forth to explain some of the underpinnings of a “normal” bond,
as well as the similarities between self psychology and attachment theory, and
then move to her more recent application of these concepts specifically to animal
hoarding (Brown, 2011).
Briefly, Brown (citing Wolf, 1988) describes the self as a psychological con-
struct “that is the core of personality and gives a person a sense of well-being,
self-esteem, and general cohesion” (Brown, 2004, p. 69). Elsewhere, she reinforces
how important it is that people receive responses from the environment to pro-
mote this sense of self throughout life (Brown, 2011). She further describes how
a person’s experience with a companion animal can provide these important
selfobject functions, helping sustain the self and potentially fulfilling traditional
human types of support (2007, 2011). Within this conceptual framework, Brown
takes great care to emphasize that it is the person’s beliefs and thoughts about
this relationship, and not necessarily what the animal is experiencing or how the
animal feels, that determine the selfobject function (Brown, 2007). Finally, she
notes that of the three possible selfobject types (mirroring, twinship, idealizing),
there is evidence that relationships with animals have more twinship features
(i.e., providing a likeness of the self in another) (Brown, 2011), something quite
uncommon among human relationships. She then suggests that this may leave
more room for projection of human emotions onto the animal, as they are unable
to disagree with a person’s interpretation of their needs, wants, or state of wel-
fare. Consequently, the loss of a pet who provides a selfobject function may be
substantially more impactful than that of an animal who is not a selfobject. This
may explain the extent to which many hoarders go to conceal their activities,
avoid help (e.g., volunteers), and elude supervision or enforcement.
In her third paper in this series, Brown (2011) applies these concepts of self
psychology to stimulate our thinking about the psychology of animal hoarders.
178 T heory and R esearch on A nimal M altreatment
extension of the person without the animal having a separate identity (Brown,
2011). Hoarders would thus be unable to distinguish between their own emo-
tional state and that of the animals, and the person’s feelings would naturally
supersede objective reality. Consequently, the offender may misread the relation-
ship or situation as being gratifying to the animal and become oblivious to their
frustration, distress, and even death.
Mentalization theory also has implications for sentencing and disposition
decisions after a legal proceeding, particularly when counseling is mandated.
According to Fonagy et al. (2011), it is important that therapists avoid demand-
ing a level of mentalizing from a patient that is beyond the patient’s ability to
reach. A relatively high level of metacognition (i.e., the ability to reflect upon
one’s own thought process or that of others) is required before a patient’s own
thinking can be challenged and distinguished from reality. This points again to
concerns about mandating specific, unproven, ad-hoc therapies, particularly if
framed as a quick-fix. All evidence suggests that, given the longstanding nature
of the hypothesized underlying psychopathology, even in an ideal situation
with a cooperative and receptive patient, this would be a challenging long-term
therapeutic undertaking with many uncertainties with regard to its course and
outcome.
Arluke & Killeen (2009) provide a much more personal look in their recount-
ing of the story of a different Barbara—Barbara Erickson. Unlike other descrip-
tions of animal hoarders, this one provides the perspective of the hoarder herself.
They begin her story in January 2003, when sheriff’s deputies discovered over
500 diseased and emaciated dogs, most of whom were crammed into a small,
unheated, rented, two-bedroom home that Barbara shared with her husband.
Barbara’s reaction to the investigation was to declare her love for her “babies.”
Barbara is described by an acquaintance as intelligent, well-read, and good at
reading other people, but also as clever and manipulative. By her own accounts,
which the authors admit are as difficult to verify as they are to refute, as a child
Barbara was sexually molested for years by her grandfather, with her two dogs
either being her sole source of solace afterwards, or in one case, interrupting the
abuse by biting the grandfather. She describes trauma, a profound sense of loss,
and increased vulnerability when (as a result of the bite) her parents sold the two
dogs, whom she indicates were her only friends. By the age of 15, Barbara reports
also being raped by an older farmhand as well as by her own father. Impregnated
and unmarried, she was left alone in a barn to endure a difficult labor. Barbara
maintained her father disposed of the baby without her consent or knowledge,
and that she never even knew whether it was a boy or a girl. Shortly thereaf-
ter, she was forced into marriage to the same farmhand. Her mother eventually
abandoned the family, and the other children were placed into foster care. In full
disclosure, it is important to mention that Barbara also claimed to have been
a Navy nurse, and to have attended both veterinary school and law school at
various times. It is of course hard to know what is fact and what is fiction in this
deeply disturbing tale, which likely contains delusional elements, but the themes
of trauma, abuse, and safety/security provided by pets are consistent with other
hoarders’ stories.
The potential contentiousness of hoarding cases is well known among humane
law enforcement, highlighting other important characteristics of many offend-
ers. One of the most well-documented cases is that of Vikki Kittles, whose
activities spanned decades and a geography ranging from the southeast to the
northwest (ALDF, undated; Marquis, 1996). With a criminal history that began
in 1985 in Florida, she surfaced in Oregon in 1993 with 116 sick and dying dogs
in a school bus, where she was prosecuted for animal cruelty. Her trial began in
December 1994 and lasted five weeks, purportedly costing the county $150,000.
The defendant was described as enormously manipulative, forcing the court to
go through extradition proceedings, firing seven court-appointed attorneys, fil-
ing hundreds of self-styled legal motions, and having four judges remove them-
selves from the case (ALDF, undated; Marquis, 1996). Sadly, she also managed to
maintain control of the confiscated dogs during this ordeal by winning a court
order to withhold needed medical treatment on the grounds that the dogs were
“evidence” that should not be altered during the case (see Moore, 2005, and
Berry et al., 2005 for a discussion of this issue). Sentenced to serve four months in
jail, Kittles chose to serve an additional two months rather than cooperate with
court-mandated counseling. Following release, there are reports of her pattern
182 T heory and R esearch on A nimal M altreatment
E X PL A N ATO RY M O D EL O F A N I M A L H OA R D I N G
In our experience, the themes that consistently emerge are those of (a) unsta-
ble or neglectful, abusive, absent, and/or inconsistent parents or guardians,
often with very chaotic, transient lifestyles; (b) trauma (often multiple, severe
traumatic events such as sexual assault, parental abandonment); (c) difficulty
establishing and maintaining stable interpersonal relationships as an adult; and
(d) complicated grief following the death of close family members or significant
others. Major loss in general (not only due to death) is prominent in case histo-
ries. It is well-established in the scientific literature that events and experiences
such as these do create a fertile soil for disordered attachment, personality dis-
orders, addictive behaviors, and other mental health problems (Cassidy & Mohr,
2001; Flores, 2004; Lyons-Ruth et al., 2006; Page, 2001; Young, 2005). We see no
reason to believe that these factors would have any less relevance when expressed
as animal hoarding. Thus, we offer the following theoretical model (Figure 6.2)
to draw together these various factors into a unified conceptual framework.
C O N S I D ER AT I O N S FO R E VA LUATO R S
different from those required to care for 300 animals who may be in need of
rehabilitative or hospice care. From a parenting perspective, perhaps an analogy
would be the caregiving requirements associated with a single, well-adjusted,
healthy foster child in a two-parent family versus the requirements of several
special needs children having a variety of medical and behavioral disorders and
being cared for by a single person.
Assessing functional capacity for animal care should have some familiar ele-
ments. Indeed, if one looks at the work of Budd (2001) and Azar et al. (1998) in
assessing parenting competency, or at other work (Appelbaum, 2007; Grisso &
Applebaum, 1998) in assessing competency to make medical treatment decisions
(a task that looms large when caring for populations of potentially debilitated ani-
mals accumulated under the guise of hospice or rehabilitation), there are many
similarities. Areas of overlap between parenting and medical treatment competen-
cies that might be relevant in competency to care for animals include the following:
Box 6.1
Items to consider when evaluating capacity to care for animals
(continued)
Understanding Animal Neglect and Hoarding187
• What role does control play in decisions about animal intake and
adoption?
• Attitude towards accepting help or change
• Willingness to use, and success with, available resources
(e.g., volunteers)
• Stability/transparency if an organization (e.g., 501c3) is under control of
the person
*For detailed information, consult Guidelines for Standards for Animal Care in Animal
Shelters, Newbury et al., 2010
this sub-category of hoarder, but suspect that they would have considerably more
insight into the conditions and much less attachment to individual animals.
As with child care assessments, it may be helpful for any assessment concern-
ing animal care to be conducted on site. In many cases, this will be the hoarder’s
home. By the time an evaluation is ordered, the animals will likely already have
been removed (whether by the authorities or by the hoarder who has “temporar-
ily” hidden the animals in other locations). However, other animals may have
been left in the person’s care, and the premises may well still be in the conditions
found at the time of the seizure, thus there would still be value in viewing those
conditions in person. If on-site assessment is not practical, then a detailed review
of investigative reports and photos should be conducted. Ideally, as noted previ-
ously in this chapter, the forensic evaluator should also consult with or request a
situational assessment preferably from the veterinarian involved in the case. It is
important to note that in 2013, shelter medicine was approved by the American
Veterinary Medical Association as a specialty of veterinary medicine. These dip-
lomates will have a high degree of training in the care of populations of animals,
and will also be familiar with law enforcement procedures.
In all cases, determinations of competency or capacity to provide proper
animal care should be made based upon the entirety of the situation and not
on individual healthy animals the person may wish to single out (perhaps
they still appear healthy because they are more recent arrivals) and/or because
those animals may not have been part of the criminal charges. It is also criti-
cal to obtain information about criminal history, including prior infractions
related to animals, since the recidivism rate in animal hoarding is believed
to be very high. Checking one national, albeit incomplete, pet abuse database
(http://www.pet-abuse.com) is also worthwhile, as it is not uncommon for a
person to move from a jurisdiction where the individual has been investigated
or successfully prosecuted to another jurisdiction where they may be at lesser
risk of discovery. Nevertheless, lack of finding a report of animal-related
crimes does not mean they did not occur, since reporting of these offenses is
irregular and inconsistent across jurisdictions. There is a movement now to
establish animal abuse registries for convicted offenders (similar to sex abuse
registries) in some states. Courts have an obligation to be sure that animals
are not left in a situation where they may become at risk in the future simply
because of a change in geography.
C O N C LU S I O N
In closing, we offer the following summary of points that have been made in this
chapter on neglect and hoarding.
• Neglect can take many forms and arise from either intentional or unin-
tentional omission of necessary care. It should not be globally regarded
as a lesser form of maltreatment.
Understanding Animal Neglect and Hoarding189
N OT E
R EFER EN C ES
Agrawal, H. R., Gunderson, J., Holmes, B. M., & Lyons-Ruth, K. (2004). Attachment
studies with borderline patients: A review. Harvard Review of Psychiatry, 12, 94–104.
Allen, J. G. (2006). Mentalizing in practice. In J. G. Allen & P. Fonagy (Eds.), Handbook
of mentalization-based treatment. Chichester, UK: John Wiley and Sons, Ltd.
Allen, J. G., & Fonagy, P. (eds). (2006). Handbook of mentalization-based treatment.
West Sussex, UK: John Wiley & Sons.
190 T heory and R esearch on A nimal M altreatment
American Pet Product Manufacturers Association (APPMA). (2014). Pet industry mar-
ket size and ownership statistics. Retrieved from http://www.americanpetproducts.
org/press_industrytrends.asp
American Psychological Association. (2013). The diagnostic and statistical manual of
mental disorders (5th ed.). Washington, DC: Author.
American Veterinary Medical Association (AVMA). (2012). U.S. pet ownership
statistics. Retrieved from https://www.avma.org/KB/Resources/Statistics/Pages/
Market-research-statistics-US-pet-ownership.aspx
Animal Legal Defense Fund (ALDF). (Undated). Vikki Kittles: Animal hoarding case
study. Retrieved from http://aldf.org/resources/laws-cases/animal-hoarding-case-st
udy-vikki-kittles/
Appelbaum, P. S. (2007). Assessment of patients’ competence to consent to treatment.
New England Journal of Medicine, 357, 1834–1840.
Arluke, A. (2004). Brute force: Animal police and the challenge of cruelty. West Lafayette,
IN: Purdue University Press.
Arluke, A., & Killeen, C. (2009). Inside animal hoarding: The case of Barbara Erickson
and her 552 dogs. West Lafayette, IN: Purdue University Press.
Arluke, A., & Patronek, G. J. (2013). Animal hoarding. In M. P. Brewster and C. L. Reyes
(Eds.), Animal cruelty: A multidisciplinary approach to understanding. Durham,
NC: Carolina Academic Press.
Arluke, A., Frost, R., Steketee, G., Patronek, G., Luke, C., Messner, E., … Papazian, M.
(2002). Press reports of animal hoarding. Society and Animals, 10, 113–135.
Azar, S. T., Lauretti, A. F., & Loding, B. V. (1998). The evaluation of parental fitness in
termination of parental rights cases: A functional-contextual perspective. Clinical
Child and Family Psychology Review, 1, 77–100.
Bass, C., & Glaser, D. (2014). Early recognition and management of fabricated or
induced illness in children. Lancet, 383, 1412–1421.
Bateman, A., & Fonagy, P. (2006). Mentalization-based treatment for borderline person-
ality disorder: A practical guide. Oxford, UK: Oxford University Press.
Beck, A. M., & Katcher, A. (1996). Between pets and people: The importance of animal
companionship. West Lafayette, IN: Purdue University Press.
Berry, C., Patronek, G., & Lockwood, L. (2005). Long-term outcomes in animal hoard-
ing cases. Animal Law, 11, 167–194.
Bowlby, J. (1988). A secure base: Parent-child attachment and human development.
New York, NY: Basic Books.
Bozinovski, S. D. (2000). Older self-neglecters: Interpersonal problems and the
maintenance of self-continuity. Journal of Elder Abuse & Neglect, 12, 37–56.
Brown, S-E. (2004). The human-animal bond and self psychology: Toward a new
understanding. Society & Animals, 12, 67–86.
Brown, S-E. (2007). Companion animals as selfobjects. Anthrozoös, 20, 329–343.
Brown, S-E. (2011). Theoretical concepts from self psychology applied to animal hoard-
ing. Society & Animals, 19, 175–193.
Budd, K. S. (2001). Assessing parenting competence in child protection cases: A clini-
cal practice model. Clinical Child and Family Psychology Review, 4, 1–18.
Cassidy, J., & Mohr, J. J. (2001). Unsolvable fear, trauma, psychopathology: Theory,
research, and clinical considerations related to disorganized attachment across the
lifespan. Clinical Psychology: Science and Practice, 8, 275–298.
Understanding Animal Neglect and Hoarding191
Castrodale, L., Bellay, Y. M., Brown, C. M., Cantor, F. L., Gibbins, J. D., Headrick,
M. L., … Yu, D. T. (2010). General public health considerations for responding to
animal hoarding cases. Journal of Environmental Health, 72, 14–18.
Cromer, K. R., Schmidt, N. B., & Murphy, D. L. (2007). Do traumatic events influence
the clinical expression of compulsive hoarding? Behaviour Research and Therapy,
45, 2581–2592.
Farm Animal Welfare Council. (Undated). Five Freedoms. Retrieved from https://
www.gov.uk/government/uploads/system/uploads/attachment_data/file/319292/
Farm_Animal_Welfare_in_Great_Britain_-_Past__Present_and_Future.pdf
Favre, D., & Tsang, V. (1993). The development of anti-cruelty laws during the 1800s.
Detroit College of Law Review, 1, 1–35. Retrieved from http://digitalcommons.law.
msu.edu/cgi/viewcontent.cgi?article=1146&context=facpubs
Flaherty, E. G., & Macmillan, H. L.; Committee on Child Abuse and Neglect (2013).
Caregiver-fabricated illness in a child: A manifestation of child maltreatment.
Pediatrics, 132, 590–597.
Flores, P. (2004). Addiction as an attachment disorder. Lanham, MD: Jason Aronson.
Fonagy, P., & Target, M. (2006). The mentalization-focused approach to self pathology.
Journal of Personality Disorders, 20, 544–576.
Fonagy, P., Bateman, A., & Bateman, A. (2011). The widening scope of mentaliza-
tion: A discussion. Psychology and Psychotherapy: Theory, Research and Practice,
84, 98–110.
Fonagy, P., Gergely, G., Jurist, E., & Target, M. (2002). Affect regulation, mentalization,
and development of the self. New York: Other Press.
Frost, R. O., Patronek, G., & Rosenfield, E. (2011). Comparison of object and animal
hoarding. Depression and Anxiety, 28, 885–891.
Frost, R. O., Steketee, G., & Tolin, D. F. (2011). Comorbidity in hoarding disorder.
Depression and Anxiety, 28, 876–884.
Frost, R. O., & Steketee, G. (2010). Stuff: compulsive hoarding and the meaning of things.
Boston, USA:Houghton Mifflin Harcourt.
Frost, R., & HARC (Hoarding of Animals Research Consortium). (2000). People who
hoard animals. Psychiatric Times, 17, 25–29. Retrieved from http://www.psychiatric-
times.com/display/article/10168/54031.
Gilliam, C. M., Norberg, M. M., Villavicencio, A., Morrison, S., Hannan, S. E., & Tolin,
D. F. (2011). Group cognitive-behavioral therapy for hoarding disorder: An open
trial. Behaviour Research and Therapy, 49, 802–807.
Grisso, T., & Applebaum, P. S. (1998). Assessing competence to consent to treat-
ment. A guide for physicians and other health professionals. New York: Oxford
University Press.
Hoarding of Animals Research Consortium (HARC). (2002). Health implications of
animal hoarding. Health & Social Work, 27, 125–136.
Katcher, A. H., & Beck, A. M. (1983). New Perspectives on Our Lives with Companion
Animals. Philadelphia: University of Pennsylvania Press.
Kurdek, L. A. (2009). Pet dogs as attachment figures for adult owners. Journal of Family
Psychology, 23, 439–446.
Landau, D., Iervolino, A. C., Pertusa, A., Santo, S., Singh, S., & Mataix-Cols, D. (2011).
Stressful life events and material deprivation in hoarding disorder. Journal of
Anxiety Disorders, 25, 192–202.
192 T heory and R esearch on A nimal M altreatment
Patronek, G. J., & Ayers, C. A. (2014). Animal hoarding. In R. O. Frost & G. Steketee
(Eds.), The Oxford handbook of hoarding and acquiring. New York: Oxford
University Press.
Patronek, G. J., Loar, L., & Nathanson, J. N. (Eds.). (2006). Animal hoarding: Structuring
interdisciplinary responses to people, animals, and communities at risk. Retrieved
from http://vet.tufts.edu/wp-content/uploads/AngellReport.pdf
Pollock, L., Kellett, S., & Totterdell, P. (2014). An intensive time-series evaluation of
the effectiveness of cognitive behaviour therapy for hoarding disorder: A 2-year pro-
spective study. Psychotherapy Research, 24, 485–495.
Prigerson, H. G., Shear, M. K., Bierhals, A. J., Pilkonis, P. A., Wolfson, L., Hall, M., …
Reynolds C. F. (1997). Case histories of traumatic grief. Omega-Journal of Death and
Dying, 35, 9–24.
Rynearson, E. K. (1978). Humans and pets and attachment. British Journal of Psychiatry,
133, 550–555.
Schwalm, J. (2009). Animal cruelty by another name: The redundancy of animal hoard-
ing laws. Journal of Animal and Environmental Law, 1, 32–60. Retrieved from http://
www.jael-online.org/wp-content/uploads/2009/11/V1N1-Schwalm-Final2.pdf
Shaver, P. R., & Mikulincer, M. (2005). Attachment theory and research: Resurrection
of the psychodynamic approach to personality. Journal of Research in Personality,
39, 22–45.
Snowdon, J., Shah, A., & Halliday, G. (2007). Severe domestic squalor: A review.
International Psychogeriatrics, 19, 37–51.
Snyder, C. R. (1985). The excuse: An amazing grace? In B. Schlenker (Ed.), The self and
social life. New York: McGraw-Hill.
Steketee, G., & Frost, R. O. (2007). Compulsive hoarding and acquiring: Therapist guide.
New York: Oxford University Press.
Steketee, G., Gibson, A., Frost, R. O., Alabiso, J., Arluke, A., & Patronek, G. (2011).
Characteristics and antecedents of people who hoard animals: An exploratory com-
parative interview study. Review of General Psychology, 15, 114–124.
Tolin, D. F., Frost, R. O., & Steketee, G. (2007). An open trial of cognitive-behavioral
therapy for compulsive hoarding. Behaviour Research and Therapy, 45, 1461–1470.
Triebenbacher, S. L. (1998). Pets as transitional objects: Their role in children’s emo-
tional development. Psychological Reports, 82, 191–200.
Vaca-Guzman, M., & Arluke, A. (2005). Normalizing passive cruelty: The excuses and
justifications of animal hoarders. Anthrozoös, 18, 338–357.
Wolf, E. S. (1988). Treating the self: Elements of clinical self psychology. New York,
NY: The Guild Press.
Yeoman, B. (2009). Special report: Operation Rescue. O Magazine. Retrieved from: http://
www.oprah.com/relationships/Animal-Rescue-The-Fight-to-Save- 300-Dogs
Young, M. E. (2005). Attachment disorder: A distortion of self and its effects on rela-
tionships. Psychology and Education, 42, 10–13.
SECTION III
Responding to Animal
Maltreatment
7
Understanding the Effects
of Maltreatment on Animal Welfare
L I L A M I L L E R A N D G A RY PAT R O N E K ■
T H E E VO LU T I O N O F A N I M A L W EL FA R E
SC I EN C E A N D C O G N I T I V E E T H O LO GY
The concept of animal welfare itself is not new, but animal welfare is a fairly recent
field of academic inquiry, with the bulk of dedicated degree courses, textbooks,
research departments being established and scientific literature being published
mostly in the last 25 to 30 years (Fraser, 2008; Green & Mellor, 2011; Mellor
et al., 2009). The volume of literature continues to increase, and there are now
academic journals devoted specifically to the topic (e.g., Animal Welfare, Journal
of Applied Animal Welfare Science, Journal of Animal Ethics, ILAR (Institute
for Laboratory Research) Journal, Journal of Agricultural and Environmental
Ethics, to name a few). Animal welfare also is frequently discussed in other
peer-reviewed publications such as the Journals of the American, Canadian and
Australian Veterinary Medical Associations; Applied Animal Behaviour Science;
Behavior and Brain Sciences; and the Journal of Veterinary Behavior: Clinical
Applications and Research, among others; and in numerous textbooks published
by leading authorities (Appleby et al., 2011; Grandin, 2010; Hulse et al., 1978;
Maple & Purdue, 2013; Wasserman et al., 2006).
Prior to the 20th century, there was both a scientific and common-sense notion
that animals had the capacity to have feelings, and that those feelings mattered
(Baars, 2005; Duncan, 2005; Panksepp, 2005). Indeed, Darwin’s 19th-century
text, The Expression of Emotion in Man and Animals (see https://archive.org/
details/expressionofemot1872darw) demonstrates that the existence of affective
states in animals was often assumed. Unfortunately, 20th-century positivism in
science, which along with behaviorism dominated thinking in psychology and
ethology, inhibited the scientific study of phenomena that could not be directly
observed (Kirkden & Pajor, 2006). Thus, observed differences in animal behav-
ior were believed to be related to differences in the environment producing vari-
ous conditioned responses, rather than reflecting actions arising from conscious
mental states (Duncan, 2006). Given this state of affairs, it is not surprising that
animals’ mental states or feelings were downplayed in assessments of welfare
(Duncan, 2006).
Consequently, for much of the 20th century, the dominant orientation toward
animal welfare was biological functioning. If an animal was in good physical
health, growing well, and successfully reproducing, then he or she was deemed
in a state of good welfare (Green & Mellor, 2011; Moberg & Mench, 2000; Rollin,
2003). This was largely an agricultural (production) animal focus, and thus
emphasized factors measurable in existing animal husbandry systems such as
reproductive output, and meat, egg, milk, and wool production. Nevertheless,
primarily in the field of animal science, a large literature developed in what is
known as “preference testing,” demonstrating that it was scientifically possible
to establish that animals have wants, and to determine what those wants are by
how hard they are willing to work to fulfill those wants (Dawkins, 1980; Duncan,
2005; Fraser et al., 1993; Mench & van Tienhoven, 1986). Preference testing may
Understanding the Effects of Maltreatment on Animal Welfare199
have kept open a scientifically palatable, albeit narrow, window to explore the
affective states of animals during this time.
A major shift in attitudes began during the last quarter of the 20th century,
when Griffin’s 1976 book, The Question of Animal Awareness: Evolutionary
Continuity of Mental Experience, helped launch the field of cognitive ethology.
Fox’s (1968) Abnormal Behavior in Animals was also groundbreaking and intro-
duced similar concepts applied to farm animals (Fraser, 1968) and zoo animals
(Meyer-Holzapfel, 1968). Over the next few decades, a burgeoning scientific lit-
erature in animal cognition has finally put to rest the notion that animal behav-
iors were simply the result of conditioned responses, and a much more holistic
view of welfare has emerged. As but one example, the scientific journal Animal
Cognition was established in 1998. Notably, on July 7, 2012, a prominent group
of neuroscientists issued the Cambridge Declaration on Consciousness (http://
fcmconference.org/img/CambridgeDeclarationOnConsciousness.pdf), stating:
Green and Mellor (2011) note how, beginning in the mid-1990s, there has been
increasing recognition that affective states must also be included when evaluat-
ing welfare. This orientation has progressed rapidly. More recently, entire books
have been published on animal cognition, sentience, and the implications for
welfare (Bekoff et al., 2002; Griffin, 2001; Wynne & Udell, 2013). Mehta and
Gosling (2008) have discussed how personality can be measured in animals, and
provide guidelines for cross-species comparative studies.
Animal welfare has been established as a field of study at various veterinary
colleges and/or in departments of animal sciences at Michigan State University,
Purdue University, Tufts University, University of California at Davis, University
of Pennsylvania, Iowa State University, and Washington State University, as well
as at the Universities of Guelph and British Columbia in Canada and at a number
of universities in the United Kingdom. In addition, graduate programs with ani-
mal welfare faculty can be found at Colorado, Ohio, and Kansas State universi-
ties, Rutgers University, Texas A&M, Texas Tech, and the universities of Georgia
and Maryland (Siegford, 2014).
In veterinary medicine, animal welfare was established in 2012 as a boarded
specialty, on a par with other fields such as surgery or internal medicine.
Veterinary specialties in animal welfare have also been established in Australia,
200 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
important is to understand what animals need for their physical and behavioral
well-being and to identify conditions and situations where their needs are not
met and unnecessary pain and suffering ensue.
Bateson (2004) has indicated that the following may be helpful in assessing
welfare:
C O M P O N EN TS O F W EL L- B EI N G I N A N I M A LS
In order to provide for animals’ well-being, their basic physical and emotional
needs must be met so they may function normally and maintain a state of physi-
cal and psychological homeostasis (McMillan, 2002). Homeostasis refers to a
dynamic state of psychological and physiologic equilibrium or balance wherein
vital physiologic parameters are all maintained in a range that is optimally sup-
portive of well-being and survival (McMillan, 2005).
The basic physical needs for animals include food, water, and appropriate
environment/shelter to provide the correct temperature/humidity, ventilation,
air, and light conditions for the species. However, simply providing food and
water is not adequate to assure an animal’s well-being; the food must be of suffi-
cient quantity and quality to provide complete and balanced nutrition, and water
should be clean (McMillan, 2005). Furthermore, an appropriate environment
should also be safe, sanitary, and large enough for animals to perform their nor-
mal behaviors. Maltreatment can usually be readily identified when these basic
physical needs are not met, as evidenced by the animal’s body condition (e.g.,
debilitation, emaciation, and dehydration).
At a minimum, the basic emotional needs of animals include social com-
panionship, mental stimulation, predictability, controllability of one’s life and
environment, and skills for coping with stress and challenges (McMillan, 2002).
While some might wonder about an animal’s need to control his or her life, it
has been clearly established that a sense of control is a critical component of
mental well-being and is one of the most reliable predictors of positive feelings
of well-being and health. Control provides animals with the ability to express
normal behaviors (one of the Five Freedoms), affects outcomes of importance
to them, and decreases the intensity of unpleasant feelings. Without control,
202 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
animals may develop severe emotional distress (McMillan, 2005). Indeed, it has
been argued that lack of control constitutes one of the most profound stressors
for animals (Newbury et al., 2010).
Safety is also an important component of animal welfare, and lack of safety
can compromise physical as well as mental health. Safety could be compromised,
for example, if the physical environment poses a risk of injury to an animal (e.g.,
wire floors that cause injuries to feet or dilapidated enclosures that could allow
an animal’s head or limb to be trapped). Allowing an animal to be housed with
aggressive or stronger animals who prevent access to food, water, or comfortable
resting places is another example of an environment that may be physically and
emotionally unsafe. Poor sanitation and filth (e.g., excessive accumulations of
feces, urine, soiled bedding, and garbage) can be a major cause of animal distress
and discomfort. In addition, poor sanitation contributes to conditions that facil-
itate the spread of respiratory, gastrointestinal, infectious, and other diseases
and debilitating health conditions.
Compared to evaluating physical needs, determining if an animal’s emo-
tional needs have been met is less straightforward. Pacing, circling, whirling,
self-mutilation, flank sucking, depression, withdrawal, feigned sleep, and bar
biting are just a few of the abnormal behaviors that can be observed in vari-
ous species when their emotional needs have not been met. However, although
the absence of abnormal behaviors does not necessarily mean that the animal
is emotionally healthy, it is one of the most commonly used methods in some
venues, such as animal shelters for assessing animal welfare.
In this section, we will discuss in detail three major sources of suffering in ani-
mals: suffering from physical pain, suffering from stress and distress, and suffer-
ing from compromised mental, behavioral, and emotional well-being.
Physical Pain
Physical pain is the most obvious source of suffering. The considerable attention
within the scientific community to pain in laboratory animals has been carefully
chronicled by Carbone (2004; 2012). It was natural for pain to be a topic of signif-
icant scientific study because use of animals for biomedical research may entail
deliberate infliction of pain to achieve scientific goals. If for no other reason, it
was important for scientists to understand the impact of pain on the outcome of
the research itself.
There is important history to be mindful of here, as attitudes towards ani-
mal pain have progressed rapidly within the scientific community. In a previ-
ous chapter, the influence of Cartesian philosophy, which rejected the notion of
“felt pain” in animals, was discussed. The persistence of the Cartesian view may
Understanding the Effects of Maltreatment on Animal Welfare203
not be so surprising when one considers that in the 1860s, when anesthesia was
available for major (and very painful) human surgery such as limb amputation,
it was reportedly withheld from certain classes of people (e.g., immigrants, the
poor, “blacks,” the uneducated, and alcoholics) because they were thought to
be comparatively insensitive to pain compared to others (e.g., “whites”, women,
and the wealthy) (Weary et al., 2006). Indeed, even Darwin was not immune to
such false beliefs, stating that Hindus were intrinsically able to withstand more
pain than Englishmen (Darwin, 1965). During the 20th century, there was a
time when analgesia was withheld from human infants undergoing open-heart
surgery, which was performed using only paralytic drugs, partly because of the
belief that infants were incapable of “feeling” pain (Rollin, 1997).
Even within the veterinary profession, providing routine analgesia for pet
animals undergoing surgical procedures is largely a phenomenon of the past 10
to 20 years and continues to be the subject of ongoing debate, especially with
respect to routine husbandry procedures performed in agricultural practice,
such as dehorning of cattle or castration of newborn piglets. In fact, the Museum
of the City of New York has a letter in its archives from the dean of what was
the Lexington Avenue Veterinary College to ASPCA founder Henry Bergh stat-
ing that anesthesia is not needed for animals because they do not feel pain (S.
Zawistowski, personal communication, April 4, 2014). The first scientific confer-
ence on animal pain was held in 1982, and focused on what Rollin (1987, p. 1222)
refers to as “the plumbing of pain” (i.e., the neurocircuitry) rather than the moral
or subjective aspects of feeling pain. Rollin (2011, 2012) notes that in 1982, when
he was called upon to testify before Congress, a search of the scientific literature
yielded only two papers on analgesia for laboratory animals, with one of them
being a paper bemoaning the lack of literature on the topic. In contrast, by 2009,
a similar search revealed over 11,000 citations (Rollin, 2011).
A large body of research has unequivocally established that the neurocircuitry
of pain is nearly identical in all mammals (Gregory et al., 2013; Silverman, 2008).
Indeed, some aspects of reaction to a painful experience are so reliably reproduc-
ible that several species of animals are widely used in preclinical pharmaceuti-
cal development studies as models of human pain (Eckert, 2011; Gregory et al.,
2013; Whiteside et al., 2013). Specific areas of investigation where animal models
have been used include (but are not limited to) acute pain (Xu & Brennan, 2011),
central pain (Davoody et al., 2011), osteoarthritis pain (D’Souza et al., 2011; Piel
et al., 2014; Teeple et al., 2013; Zhang et al., 2013), sickle cell disease pain (Cain
et al., 2012), orofacial pain (Krzyzanowska & Avedaño, 2012; Ono et al., 2012),
neuropathic pain (Wilkes et al., 2012), pain from spinal cord injury (Nakae et al.,
2011); bone cancer pain (Brown et al., 2009; Currie et al., 2013; Lozano-Ondoua
et al., 2013), herpetic pain (Kuraishi & Sasaki, 2014), lower back pain (Kim et
al., 2011; Strong et al., 2013), muscle pain (Kehl & Fairbanks, 2003; Pratt et al.,
2013), neuropathic pain (Gao & Zeng, 2014), visceral pain (e.g., pancreatitis)
(Westlund & Vera-Portocarrero, 2012; Zhao et al., 2013); gastrointestinal pain
(Farrell et al., 2014), fibromyalgia pain (Desantana et al., 2013; Green et al., 2011),
whiplash pain (Winkelstein, 2011), chemical and itch pain (Lamotte et al., 2011);
204 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
endometriosis pain (Arnold et al., 2011), headache pain (Andreou et al., 2010),
and chemotherapy-evoked peripheral neuropathy pain (Authier et al., 2009).
Interestingly, social support in animals (as in people) may also serve to buffer
pain (Martin et al., 2014).
Since no single model of pain perfectly replicates the human response, the
scientific response to the limitations of existing pain models has been to attempt
to improve them through increased emphasis on measuring the affective com-
ponents, as opposed to moving away from animal models (Mogil et al., 2010;
Zhang et al., 2011). Thus, refinement of these models often involves incorpora-
tion of behavioral assessments to capture the critical affective measures of pain
(Gregory et al., 2013) as these are considered essential to better understand the
effect of pain on function and quality of life in humans (Barrot, 2012; Cobos &
Portillo-Salido, 2013; Eckert, 2011; Gregory et al., 2013; Whiteside et al., 2013;
Zhang et al., 2011).
The notion that animals experience pain in many of the same ways as humans
is now well-established in public policy as well as in the scientific literature.
Indeed, the Federal Animal Welfare Act and closely aligned NIH (National
Institutes of Health) Guide for the Care and Use of Laboratory Animals, which
governs federally funded laboratory research (enshrined in law as part of the
1985 Health Research Extension Act), defines a painful procedure in animals
as “any procedure that would reasonably be expected to cause more than slight
or momentary pain and/or distress in a human being to which that procedure
is applied” (USDA, 2011). Veterinarians are also advised when assessing pain in
their patients that it is highly likely that animals experience pain similarly to
humans (AAHA/AAFP, 2007). Even the casual observer will note that many of
the signs of pain in animals are similar to the nonverbal signs of pain in humans.
Some signs that an animal is experiencing pain include increase in heart rate,
respiratory rate, blood pressure and body temperature; decrease in activity lev-
els; restlessness or hiding; changes in personality or facial expression; abnormal
vocalizing such as grunting, whimpering, hissing, or squealing; dilated pupils;
changes in appetite or bowel and urinary habits; licking or biting an injured area;
scruffy haircoat as a result of decreased grooming; or withdrawal or flinching
in response to touching the injured area. Some species may sweat excessively
(horses), hypersalivate (rodents), or grind their teeth (rabbits). Dogs experienc-
ing pain may show increased aggression (AAHA/AAFP, 2007; ACVAA, 2014).
Of course, only a limited number of species are actually used in laboratory
research, but this is primarily for reasons of convenience, cost, and the advan-
tage of a large baseline literature on species such as rodents, primates, and dogs.
It does not mean that other species do not experience pain in a similar fashion.
Silverman (2008, p. 466), speaking as a laboratory animal veterinarian, argues
that we have no biological reason to assume that “the degree of pain experienced
is proportionate to the level of sentience.” Silverman (2008, p. 467) concludes
that “the moose, the mouse, and the monkey are all sentient, and when it comes
to alleviating pain, they all deserve equal ethical consideration from the labora-
tory animal science community.” By this logic, it would seem that species should
Understanding the Effects of Maltreatment on Animal Welfare205
Stress is a normal part of everyday life for both humans and animals that can
never be totally eliminated. Like animal welfare, well-being, and quality of life,
the definitions of stress and distress are the subjects of much ongoing debate
despite decades of research. It is possible that, despite innumerable studies and
the widespread use (and misuse) of the term, a universally acceptable definition
or assessment method of stress will remain elusive, at least for the foreseeable
future. This has led some researchers to even doubt the usefulness of the concept
(Wielebnowski, 2003). Moberg & Mench (2000) have reviewed many aspects of
stress and its implications for welfare.
Stress has been loosely defined as complex and incompletely understood
somatic, emotional, and cognitive responses to novel, challenging and threaten-
ing stimuli, as well as many other energy-demanding events (Riley, 1981). Many
researchers would agree that stress is any real or perceived perturbation to an
organism’s physiological homeostasis or psychological well-being (NRC, 2008).
For purposes of this chapter, however, it is helpful to restrict usage of the term
“stress” to perturbations that are detrimental to an animal’s health or well-being.
Distress, by comparison, is usually used to only describe the detrimental
effects of stress responses and certain stressors on animal health and well-being
(Wielebnowski, 2003). Distress is encountered when an animal’s normal coping
and adaptive processes fail to return the animal to physiological or psychological
homeostasis (Carstens & Moberg, 2000), or when acute stress occurs repeatedly
or over a prolonged period without allowing the body enough time to cope or
recover (Wielebnowski, 2003).
There is no single type of stress stimulus or response, and the common “fight
or flight” phrase often used to describe the stress response in emergency situa-
tions has been more accurately characterized as a “fight, flight or freeze” response
(Moberg, 1987). The stress response is actually a well-organized, diverse array of
different patterns of physiologic changes that may vary according to the source,
type, intensity, and duration of the stress (McMillan, 2005, p. 97). The adverse
effects of stress on the body can be attributed to the stress itself and the actual
stress response.
The maltreated animal is subject to a variety of stressors, including but not
limited to the following: pain; excessive cold or heat; electric shock; water, food,
and sleep deprivation; disease; injury; anxiety; fear; lack of control of one’s envi-
ronment; confinement; isolation; lack of choice; boredom; and conflict; all of
which can have a detrimental effect on health. Whenever a stressor is of long
duration, as is often the case for the maltreated animal, the stress response
diverts resources from other biological activities that are critical to health and
well-being, including the immune system. The immune system response is
206 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
C O M PR O M I S ED M EN TA L / B EH AV I O R A L / EM OT I O N A L
W EL L- B EI N G
It is now very clear that animal well-being extends beyond the absence of injury,
disease or somatic pain. The importance of the presence of positive welfare states
is also now being recognized as part of well-being (Mellor, 2015a, b; Yeates,
2008). Green and Mellor (2011) list feelings such as anxiety, fear, boredom, help-
lessness, and loneliness as examples of negative states of welfare, and identify
positive welfare states with feelings such as satiety, vitality, reward, contentment,
curiosity, and playfulness. In support of this, scientific research has confirmed
that the basic features of the mammalian brain show considerable structural
and genetic homology across species, and that the anatomical and functional
neural underpinnings of affective states are ancient (as opposed to arising from
only higher cortical structures) (Baars, 2005; Panksepp, 2005, 2011). In the 21st
Understanding the Effects of Maltreatment on Animal Welfare207
century, many scientists are now actively engaged in developing ways to measure
emotional constructs in animals, as opposed to denying that they exist (Leliveld
et al., 2013; Panksepp, 2005, 2011). This represents a major shift in scientific
thinking.
As Carbone (2005) notes, the boundaries of what counts as science are sub-
ject to change and are influenced by social attitudes and politics, which them-
selves may change over time (Green & Mellor, 2011). Today, we see scientific
thought once again aligning more with common-sense notions about animals,
which originally contributed to enactment of maltreatment laws in the late 19th
century. Consequently, as mentioned previously, there is growing acceptance
that mental well-being must be considered in any discussion of animal wel-
fare, and that absence of these positive states can constitute suffering (Yeates,
2008). Vermeulen & Odendaal (1993) suggested a typology of companion animal
abuse that proposed that mental abuse should be considered animal maltreat-
ment, including both active abuse in the form of instillation of fear, anguish
and anxiety, and passive neglect in the form of deprivation of love and affection.
Indeed, McMillan and Rollin (2001, p. 1723) have argued that mental states are
the “single most important consideration in animal well-being.” They support
their argument by detailing the extent to which animals’ subjective experiences,
including stress and suffering, have been widely explored in the fields of com-
parative psychology, cognitive ethology, and neurosciences.
Gregory (2004) takes on the issue of dismissing the presence or absence of
certain types of suffering due to insufficient proof. He argues that absence of
evidence is not evidence of absence, and that any attempt to dismiss concerns
about suffering in a particular situation requires logical arguments. He concep-
tualizes various negative mental and emotional states in a series of progressively
more subjective categories (see Table 1.1), with the ones listed on the right having
greater complexity than those on the left. Therefore, when discussing suffering
for a given animal of a given species, he emphasizes the critical importance of
being clear which form of suffering is being considered (Gregory, 2004). Instead
of rejecting the existence of affective experiences in animals, Gregory suggests
that future research questions will revolve around how they vary in different
species and how to measure and describe mental experiences in animals. He sug-
gests one way out of the dilemma of inferring what an animal thinks or feels is
similar to what the USDA has already concluded for pain—to look at the human
experience, which is the only one we can know fully, to consider what these vari-
ous experiences might mean for the animals in similar situations. Additional
support for this approach is provided by the American College of Veterinary
Anesthesia and Analgesia, which advises veterinarians who are assessing pain
and suffering in their patients that it is generally assumed that if a procedure
is painful in humans, then it must also be painful in animals (ACVAA, 2014).
Recommendations for multimodal pain management in animals are readily
available (Lamont, 2008).
Some of the most compelling research about the sophistication and importance
of animals’ mental states has been performed to illuminate our understanding
208 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
of social or behavioral stress, which can result in fear and anxiety, on animals
have also been studied (Barros et al., 2002; Barros et al., 2008; Golden et al., 2011;
Hassan et al., 2013; Saavedra-Rodriguez & Feig, 2013). Many of the conditions
(or conditions very similar) described here can be encountered in a case of ani-
mal maltreatment.
It is critical to emphasize that as harmful as some of these experiences are for
animals during a scientific study, for purposes of standardizing the experimental
conditions, typically only a single or very limited number of stressful exposures
may exist, the exposure to these stressful conditions is often of very limited dura-
tion, and the animals are carefully monitored throughout. Analgesics may also be
used if such use would not interfere with the experimental results, and protocols
using a terminal endpoint (e.g., waiting for a natural death from the intervention or
disease as opposed to euthanasia when animal showed signs of suffering) would be
very critically reviewed by supervising authorities due to the potential magnitude
of the suffering endured. By contrast, in a community animal maltreatment situa-
tion, there may be sources of stress, pain, or discomfort that would not be encoun-
tered in an institutional or laboratory setting, such as adverse weather conditions,
sexual abuse, assault, intentional fighting, or other conditions that could result in
more severe pain and distress. Furthermore, in a community maltreatment situ-
ation, the harmful exposure may be constant and the animal may suffer multiple
stressors and adverse exposures (physical, behavioral, psychosocial) simultane-
ously. In the case of animals used in contemporary agricultural production, the
exposure to stressful conditions and adverse environments (i.e., overcrowding,
restriction of movement, lack of control, etc.) may be lifelong.
Use of animals as models of human conditions extends to understanding
human affective experiences, such as attachment and emotion. One classic
example was the work in experimental psychopathology on animals (mainly
monkeys) by psychologist Harry Harlow in the mid-20th century. Harlow’s work
was controversial because he routinely used harmful techniques such as mater-
nal deprivation, long-term infant isolation, artificial mothers who assaulted the
babies, and the so-called “Pit of Despair” (an inverted, metal pyramid with slip-
pery sides in which bonded monkey babies were isolated to induce the symp-
toms of depression) (Blum, 2002). This research is considered by many to be an
example of needless animal cruelty because of the suffering inflicted on mothers
and infants through isolation and deprivation of the critical infant-mother bond
to prove an already well-known and obvious point. As Blum (2002) describes,
Harlow’s carefully controlled experiments were influential in changing the pre-
vailing conventions in human psychology (and resulting child-rearing dogma)
dictating that closeness, touch and physical expressions of maternal nurturing,
such as cuddling and soothing an infant, were undesirable and likely to produce
weak, fearful, insecure children. Indeed, as Blum (2002) describes it, these ani-
mal experiments were critical in bolstering the claims of some progressive human
physicians (including the “father” of attachment theory, John Bowlby), whose
careful observations of neglected, isolated, touch-deprived children languishing
and dying in hospitals and orphanages were dismissed by many of his peers as
210 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
being unscientific. Today, precisely because of the emotional harm they inflict,
techniques such as social isolation, sleep deprivation, and maternal separation
in animals continue to be used to mimic severe life stress in people and to study
brain changes believed relevant in survivors of war and child abuse (Schiavone
et al., 2013). As an indicator of how far we have progressed in appreciating the
importance of affective states, animal emotions now represent the frontiers of
cognitive neuroscience. Animal models have been developed for social-affective
neuroscience research (Colonnello et al., 2011) to facilitate the study of empa-
thy (i.e., ability to share affective experiences), which has traditionally been con-
sidered to reflect higher cognitive and affective processes (Panksepp & Lahvis,
2011; Panksepp & Panksepp, 2013) and a uniquely human trait (Mogil, 2012).
Research has now shown that even witnessing traumatic or distressing events
being experienced by another animal is a potent stressor capable of inducing
measurable neurobiological changes in the observer animal (Ben-Ami Bartal et
al., 2011; Warren et al., 2013).
Neuroscience research has demonstrated that animal emotions are actually
grounded in very primitive neural circuitry, meaning that emotions are a core
feature of mammalian evolution, and not restricted to a handful of higher mam-
mals (Panksepp, Leliveld et al., 2013). Leliveld and colleagues (2013) indicate that
(possibly excepting fish) all vertebrates appear to share a similar evolutionary
asymmetry in patterns for emotional processing in the brain: the right hemi-
sphere is dominant for negative emotions and the left hemisphere is dominant
for positive emotions. Evidence for right hemisphere dominance for fear and
aggression and left hemisphere dominance for response to food rewards is sup-
ported by studies in chickens, horses, dogs, cats, pigeons, cattle, and sheep. In
the future, close observation for indicators of right or left hemisphere dominance
(e.g., ear position or tail wagging [Siniscalchi et al., 2013]) may provide an addi-
tional window into animals’ emotional response to certain stimuli or conditions.
The successful use of various human pharmacologics such as fluoxetine, clomip-
ramine, and alprazolam to treat anxiety, phobias, and compulsive behaviors in
dogs and cats is further evidence of a common neural circuitry. Scientists have
indicated that one goal of future affective neuroscience research will be to con-
firm how pharmacological manipulation in animals might modify particular
types of emotional feelings in people (Coenen et al., 2011).
In summary, although there are certainly important nuances with respect to
recognizing and defining suffering for purposes of regulating scientific research
using animals, these are not likely to be important in the context of either inten-
tional or unintentional animal maltreatment. Nevertheless, psychological and
emotional suffering remains challenging to address. There remains a disconnect,
or at least a lag, between what science and common-sense notions accept about
suffering and what is expressed in public policy. Although prosecution for animal
maltreatment may include mention of psychological or emotional suffering, to
date we are not aware of any case prosecuted exclusively on those grounds. Even
in the field of child protection, until very recently, emotional abuse, although
perhaps the most common form of child abuse, was under-recognized and often
Understanding the Effects of Maltreatment on Animal Welfare211
not the focus of child protection services investigations (Barnett et al., 2005;
Glaser, 2002; Trickett et al., 2009). That, however, appears to be changing, with
an increasing literature confirming the prevalence (Stoltenborgh et al., 2012) and
defining characteristics of emotional abuse in children (Baker & Maiorino, 2010;
Glaser, 2011; Slep et al., 2011; Tonmyr et al., 2011), as well as distinguishing this
from poor parenting (Wolfe & McIsaac, 2011).
In a later section, we will describe a landmark case showing how emotional/
psychological suffering may co-occur with forms of physical maltreatment in an
animal and how they may be taken into account during legal proceedings.
U N D ER STA N D I N G S U FFER I N G
I N CAS ES O F M A LT R E AT M EN T
(McMillan, 2005). For example, most people would agree that being cold or hun-
gry for a few minutes is uncomfortable or unpleasant, with true suffering being
reserved to describe a more prolonged or extreme state. McMillan (2005, p. 50)
goes on to describe suffering in animals as a “range of states indicated by a variety
of physiological and behavioral symptoms but having in common that the ani-
mals are seen to take steps to change their states in some way, either by following
an innate response or, even more convincingly, by learning to perform arbitrary
tasks such as pressing a lever conveniently provided for them by humans to bring
about some change in their environments.” Suffering is compounded by the mal-
treatment circumstances that limit options and behavioral responses.
Drawing on Morgan and Tromborg’s (2007) thorough review, as well as from
publications by McMillan (2002, 2005), Newbury et al. (2010) and other experts,
factors that cause animal suffering are explained here.
untreated diseases. Horses provide a unique concern because of the multiple roles
they play in society as work, entertainment, and companion animals. For example,
in New York, felony animal maltreatment laws only apply to companion animals.
Thus, if a horse used as a working animal is mistreated, that act cannot be pros-
ecuted as a felony. However, for the same maltreatment of the same horse who is
used as a companion, felony provisions could apply. Companion animal horses are
increasingly encountered as victims of neglect when there is an economic down-
turn that has impacted the owner’s ability to provide adequate care. Thus, emacia-
tion resulting from starvation (either due to lack of sufficient or appropriate food
and/or lack of needed dental care) and lameness from deformed feet (as a result of
lack of necessary veterinary and hoof care), are common features of equine neglect.
The failure to provide necessary veterinary medical or surgical care to address
suffering from disease, injury, or disability is considered grounds for charges of
maltreatment in many states. There are too many disease conditions that result in
pain and suffering to enumerate them all here, but many are commonly encoun-
tered in maltreated animals. For example, the intense pruritis that occurs as a
result of external parasites such as mange mites and fleas often results in severe
skin disease and infection if left untreated; the animal’s desperate attempts to
alleviate their discomfort by scratching and biting their skin actually inflict
more damage. The pain associated with dental disease may result in an animal’s
inability to eat, resulting in weight loss and poor health. Respiratory diseases can
result in painful coughing, difficulty breathing, and thick nasal discharges that
can dry up and clog the nares, further compromising normal breathing. In cats,
upper respiratory diseases caused by herpes and calici viruses can cause pain-
ful ulceration of the tongue, mouth, and eyes; the mouth lesions interfere with
eating and contribute to malnutrition, and the eye lesions, in addition to being
painful, may be severe enough to result in a loss of vision or even necessitate
removal of the eye. The physiological mechanisms that mount an inflammatory
and immune response may cause an animal to “feel” ill and thus suffer, much as
a person might when afflicted with the flu (Webster, 2005).
Lack of Grooming
create painful eye lesions. Maltreated dogs and cats are often found with over-
grown and ingrown nails that cause painful foot lesions and infections. Lack
of trimming and proper care of the hooves of cattle and horses commonly
result in painful foot disease and lameness.
Many jurisdictions in the United States acknowledge and address the impact of
environmental factors on animal suffering by simply including failure to provide
shelter that would protect animals from adverse weather conditions (i.e. exces-
sive cold, sun, wind, and rain) in their maltreatment statutes. Empirical research
has identified many other environmental sources of stress for animals (Morgan
& Tromborg, 2007; Wielebnowski, 2003). These include crowding and confine-
ment restricting normal movement; exposure to noise, artificial, non-natural
lighting, uncomfortable temperatures and surfaces such as tile, wire or concrete,
arousing odors (e.g., of predators or chemicals); absence of normal soothing
odors; reduced retreat space and inability to hide from a perceived threat; han-
dling by or forced proximity to humans (especially if they are unfamiliar) or to
predator species; reduced natural feeding opportunities due to set meal times;
dependence on people or competition from cage or pen mates for access to food;
maintenance of animals in abnormal social groups; and other restrictions of
limiting normal behavior.
Further consistency across different situations and animal populations is
evidenced by studies in animal shelters revealing sources of stress for cats,
including many of those already listed, especially altered routines; interactions
with unfamiliar people, environments, and animals; and inability to hide or
employ normal behavioral responses (Hennessy, 1998, 2013; McCobb et al.,
2005). Poor cat housing, including the lack of appropriate distance between
the litter box, food and resting area, and lack of hiding places and perches
to achieve elevation have been identified as one of the major animal welfare
issues contributing to feline suffering and disease in shelters by the Association
of Shelter Veterinarians (Newbury et al., 2010). Many of the same sources of
stress already described for animals housed in zoos, laboratories, and shelters
have been described for farm animals as well. Transportation presents a unique
situation, but the stressors are the same because it places many farm animals
in crowded and novel environments and forces contact with and restraint by
unfamiliar people.
Improper Temperature
Excessive or Inappropriate Noise
Sound levels in natural environments do not approach the noise present in artifi-
cial environments. This takes on added importance when considering that com-
pared to humans, animals have a much enhanced ability to detect a wider range
of frequencies, and thus sounds may be very disturbing to animals even if barely
audible to people. Stress can be caused by loud, sudden, or continuous noise, which
is ubiquitous in man-made environments, arising from hard, acoustically reflec-
tive surfaces, machinery, cage cleaning, introduced music and television, heating
and ventilation systems, vehicles, flickering of fluorescent lights and buzzing of
ballasts, and noise from visitors and other animals (e.g., dogs barking). Studies
have shown that being yelled at in a loud voice increases an animal’s heart rate and
is highly aversive (Grandin, 2005). Sudden, intermittent, and high-pitched noises
216 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
can cause agitation and excitement in pigs and cattle. In summary, continuous or
prolonged exposure to loud noise can damage hearing and have a serious detri-
mental impact on the physical and psychological health of animals.
Unsuitable Lighting
The fact that exposure to some sunlight is essential for good health is often over-
looked when evaluating welfare. Attention is usually paid to providing animals in
captivity with opportunities to seek shade, but if they are housed indoors, they may
have limited opportunities to enjoy sunshine. Some animals, such as sea lions, just
enjoy relaxing and basking in the sun for hours each day, and can suffer if deprived
of that opportunity (G. Davis, personal communication, April 2, 2014). In lieu of
natural sunlight, artificial light sources are often employed. But research has linked
exposure to unnatural lighting conditions with adverse effects on health and behav-
ior (Hollwich & Dieckhues, 1980; Sharon et al., 1971). The timing of light cycles
(which should be different for diurnal, nocturnal, and crepuscular animals), inten-
sity of light, and frequency and wavelengths of artificial light in captive environ-
ments often do not match natural conditions. Both constant and irregular lighting
can disrupt circadian rhythms (as an analogy, think of jet lag in people). Fluorescent
bulbs may flicker at a rate that is imperceptible to humans but disruptive to animals.
Cage size and location within a room or facility may further influence the light that
an individual animal actually receives. Poor lighting will result in the refusal of
some farm animals to enter a facility due to fear (Grandin, 2005).
Noxious Odors
hospitals, and boarding kennels will often provide a blanket or item of clothing
with familiar scents when boarding a pet to reduce stress.
A large body of literature involving many species indicates that there are strong
species-specific preferences for bedding, footing, and resting places (Gonyou,
1994; Mench & van Tienhoven, 1986; Van der Weerd et al., 1997). Bedding for an
animal must be comfortable, clean, and absorbent. The breed and age of animal,
housing, flooring, and population density will dictate the type and amount of bed-
ding needed (University of Amherst, 2005). Appropriate bedding (e.g., straw, hay,
sawdust, wood shavings, shredded newspaper, blankets) adds to animal comfort,
especially on hard surfaces and in cold temperatures, and increases welfare, espe-
cially for very young, older, debilitated, and sick animals. It also helps prevents the
formation of sores and ulcers, especially over bony protuberances. Preliminary,
unpublished research by the University of California into the housing of dogs in
shelters indicates they have a strong preference to have their resting area at a dis-
tance from areas where they urinate and defecate (S. Newbury, personal commu-
nication, May 21, 2014). In confinement situations, the choice of these materials is
often dictated by cost and convenience for people, and not for meeting the needs
of animals. Thus, inappropriate materials for a particular species can promote
disease and be a source of considerable physical discomfort and chronic stress.
Emotional/Psychological Maltreatment
Earlier in this chapter we reviewed the extensive scientific evidence for adverse
emotional states in animals. Despite the increasing acceptance of the impor-
tance of mental or emotional well-being as an integral part of an animal’s
welfare, emotional maltreatment is not typically explicitly mentioned in state
animal cruelty statutes, nor to our knowledge, has a case of criminal animal
maltreatment ever been prosecuted solely on the grounds of emotional abuse (R.
Lockwood, personal communication, September 25, 2014). However, most states
have some provision about “unnecessary suffering” or wording to that effect in
their statutes, which seems to leave the door open with respect to how suffering
is defined. Furthermore, emotional maltreatment is often intertwined with vari-
ous forms of physical maltreatment and cruel husbandry conditions as further
described in the section on confinement.
people. For some animals, certain types of contact with people may indeed
be a form of positive enrichment and reduce stress, whereas for others, peo-
ple are a source of stress. For example, positive contact with humans for just
20 minutes has been shown to reduce stress levels in some dogs in shelters
(Hennessy et al., 1997; Hennessy et al., 1998). This may be influenced by the
type of previous experience an animal has had with people. So if an animal
has never had contact with people (such as with feral cats), is fearful of a
person, or has had a prior bad experience, routine handling and husbandry
could be a significant source of stress. Morgan and Tromborg (2007) also
emphasize that husbandry activities people consider “routine” may be any-
thing but routine for animals, often provoking behaviors believed to be indi-
cators of stress.
Social companionship in the form of play, mutual grooming, and physical con-
tact with conspecifics is associated with normal behavior and pleasurable feel-
ings in many animals. Therefore, social isolation is a source of stress for some
species and has been used in a research setting as a reliable inducer of stress.
When isolated, social animals (such as dogs) may develop abnormal behav-
iors such as pacing, weaving, circling, bar biting, self licking and mutilation,
and tail and flank sucking. Inadequate mental stimulation or boredom, which
is seen when animals are confined in isolated, monotonous, or unstimulat-
ing environments, can lead to distress that may cause more suffering than
physical pain (McMillan, 2002). Research has even demonstrated that some
animals will expend more effort to gain access to a social companion than
for food. Again, it is important to emphasize that generalizations may not
always be inappropriate, and each animal must be considered as an individual
whose wants and needs have also been shaped by experience. Mixing unfa-
miliar animals together randomly is a source of stress for many species, as is
excessive crowding with others. For example, the crowding that is found in
multiple hen battery caging has been associated with decreased broodiness,
increased aggression, and a form of hysteria in certain genetic strains of poul-
try (Underwood, 2002).
As Morgan and Tromborg (2007) note, many of the adverse stimuli described
in this section are also present in nature, but a key difference is that, in nature,
animals generally have the opportunity to avoid or escape from stressful or
uncomfortable conditions, or adjust activity in some way. In captivity, they
become much more dependent on the environment humans have provided for
them, and thus lack control over key elements of their lives.
Lack of control over events in one’s environment and restriction of move-
ment due to limited space can be a considerable source of stress for animals,
whether a polar bear used to roaming hundreds of miles being kept in a
zoo enclosure, or a pet cat or dog used to being in a home or yard but now
Understanding the Effects of Maltreatment on Animal Welfare219
1. The size of the cage in which Ben was confined was too small to ade-
quately meet Ben’s needs, causing him physical pain and suffering.
2. Bears suffer especially from being forced to live in close confine-
ment because of their high intelligence, complex needs, and wide
natural range.
3. One of the reasons that bears suffer especially from living in small
spaces is that inhumane confinement prevents them from engaging in
species-typical behaviors that are essential to their physical and psycho-
logical health.
4. Forcing Ben to live in the cage is the functional equivalent of forcing a
human to live in a small closet.
5. The concrete and chain link cage in which the Defendants confined Ben
has never afforded Ben protection from harassment or annoyance.
6. Animal scientists agree that sensory deprivation causes captive bears to
suffer.
7. Internationally renowned bear experts have provided credible, sworn
testimony in affidavits that Defendants subjected Ben to psychological
suffering and physical pain.
8. By subjecting Ben to conditions that have resulted in his exhibition of
abnormal, stereotypic behaviors, Defendants placed Ben at great risk for
permanent and irreversible psychological damage.
220 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
C O N C LU S I O N
We have demonstrated in this chapter how scientific thinking has evolved from an
intuitive acceptance that animal minds differed more in degree than in kind from
humans in the late 19th century, to rejecting notions of animal sentience and affec-
tive states for much of the early to mid-20th century, to embracement of the exis-
tence of subjective states in animals in popular as well as scientific culture as we
enter the 21st century. Initially, modern efforts to understand and improve welfare
focused primarily on aspects of somatic pain, and federal policy governing animal
research now states that if something would produce pain in people it should be
assumed to do so in animals. Given this policy, in conjunction with the extensive
amount of evidence demonstrating the equivalence of pain in humans and ani-
mals, it seems only reasonable to use the human experience of similar events when
trying to understand the impact of maltreatment on animals. This would mean
that the consequences of deliberately inflicting an injury, causing unnecessary suf-
fering, or failing to prevent or treat a disease should be interpreted to have similar
implications for an animal that they would for a person.
Importantly, popular as well as scientific thought has come to embrace the
idea that animals can experience a wide range of subjective and affective states
that may greatly influence their well-being. Indeed, much of the scientific work
providing the support for this concept has been done to better understand com-
plex aspects of human neuroscience and psychobiology, and not for the direct
benefit of the animals themselves, making those findings much less subject
to bias by people inclined towards sentimentality towards animals. We now
recognize that conditions commonly observed in animal maltreatment cases,
such as pain, untreated disease or injury, crowding, intensive confinement,
inhibition of normal movement, inability to exhibit normal species-specific
behaviors, lack of proper social environment, and a wide variety of environ-
mental stressors can indeed cause unnecessary, chronic, preventable suffering
for animals. Today, rather than denying the affective component of animal
welfare, an increasing body of scientific work has been devoted to finding bet-
ter ways to measure it.
Aspects of biomedical research, normal veterinary and agricultural practice,
and even certain entertainment venues such as rodeos are often exempt from mal-
treatment statutes, not because there is no suffering or pain inflicted on animals,
but because they remain socially sanctioned for now. As Carbone (2005) notes,
dogs, who may be our most protected and beloved non-human family members,
“lose” the rights and privileges society accords to pets once they become the
subject of biomedical research despite the fact that neither their physical and
emotional needs or their capacity to suffer has changed. There are no similar
competing obligations interfering with our obligation to ensure good welfare
for domestic or companion animals in community settings. Furthermore, even
for socially sanctioned activities exempt from maltreatment statutes, numerous
trade organizations and regulatory bodies have responded to the evolving social
consensus of greater concern for animals by establishing voluntary guidelines
Understanding the Effects of Maltreatment on Animal Welfare221
R EFER EN C ES
AAHA/AAFP. (2007). Pain Management Guidelines for Dogs & Cats. Journal of the
American Animal Hospital Association, 43, 235–248. Retrieved from https://www.
aahanet.org/PublicDocuments/PainManagementGuidelines.pdf
Abelaira H. M., Réus, G. Z., & Quevedo J. (2013). Animal models as tools to study the
pathophysiology of depression. Brazilian Journal of Psychiatry, 35, Suppl 2, S112–120.
ACVAA. (2014). American College of Veterinary Anesthesia and Analgesia Position
Paper on the Treatment of Pain in Animals. Retrieved on December 22, 2014 from
http://www.acvaa.org/docs/Pain_Treatment
Alleva, E., & Santucci, D. (2001). Psychosocial vs. “physical” stress situations in rodents
and humans: Role of neurotrophins. Physiology & Behavior, 73, 313–320.
Andreou, A. P., Summ, O., Charbit, A. R., Romero-Reyes, M., & Goadsby, P. J. (2010).
Animal models of headache: From bedside to bench and back to bedside. Expert
Reviews of Neurotherapeutics, 10, 389–411.
Appleby, M. C., Mench, J. A., Olsson I. A., & Hughes, B. O. (Eds.). (2011). Animal wel-
fare (2nd ed.). Cambridge, MA: CAB International.
Arnold, C., Lamp, J., Lamp, O., & Einspanier, A. (2011). Behavioral tests as indica-
tor for pain and distress in a primate endometriosis model. Journal of Medical
Primatolology, 40, 317–326.
Authier, N., Balayssac, D., Marchand, F., Ling, B., Zangarelli, A., Descoeur, J., . . .
Eschalier, A. (2009). Animal models of chemotherapy-evoked painful peripheral
neuropathies. Neurotherapeutics, 6, 620–629.
Baars, B. J. (2005). Subjective experience is probably not limited to humans: Evidence
from neurobiology and behavior. Consciousness and Cognition, 14, 7–21.
Baker, A. J. L., & Maiorino, E. (2010). Assessments of emotional abuse and neglect with
the CTQ: Issues and estimates. Children and Youth Services Review, 32, 740–748.
Barkus, C. (2013). Genetic mouse models of depression. Current Topics in Behavioral
Neurosciences, 14, 55–78.
Barnett, O., Miller-Perrin, C. L., & Perrin, R. D. (2005). Child psychological maltreat-
ment. In O. Barnett & C. L. Miller-Perrin (Eds.), Family violence across the lifes-
pan: An introduction (2nd ed., pp. 151–178). Thousand Oaks, CA: Sage Publications.
222 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Barros, M., Maior, R. S., Huston, J. P., & Tomaz, C. (2008). Predatory stress as an exper-
imental strategy to measure fear and anxiety-related behaviors in non-human pri-
mates. Reviews in the Neurosciences, 19, 157–169.
Barros, M., & Tomaz, C. (2002). Non-human primate models for investigating fear and
anxiety. Neuroscience and Biobehavioral Reviews, 26, 187–201.
Barrot, M. (2012). Tests and models of nociception and pain in rodents. Neuroscience,
211, 39–50.
Bateson, P. (2004). Do animals suffer like us?—The assessment of animal welfare. The
Veterinary Journal, 168, 110–111.
Beausoleil, N., & Mellor, D. (2014). Introducing breathlessness as a significant animal
welfare issue. New Zealand Veterinary Journal, July 8, 1–22.
Beaver, B. (2010). After the DVM: Specialization in animal welfare. Journal of
Veterinary Medical Education, 37, 61–63.
Bekoff, M., Allen, C., & Burghardt, G. (Eds.). (2002). The cognitive animal: Empirical
and theoretical perspectives on animal cognition. Cambridge, MA: MIT Press.
Ben-Ami Bartal, I., Decety, J., & Mason, P. (2011). Empathy and pro-social behavior in
rats. Science, 334, 1427–1430.
Blum, D. (2002). Love at Goon Park. Cambridge, MA: Perseus Books.
Broom, D. M. (2007). Quality of life means welfare: How is it related to other concepts
and assessed? Animal Welfare, 16(s), 45–53.
Brown, D. C., Boston, R., Coyne, J. C., & Farrar, J. T. (2009). A novel approach to the
use of animals in studies of pain: Validation of the canine brief pain inventory in
canine bone cancer. Pain Medicine, 10, 133–142.
Brown, M., Carbone, L., Conlee, K. M., Dawkins, M. S., Duncan, I. J., Fraser, D.,
Würbel, H.; Working Group on Animal Distress in the Laboratory (2006). Report
of the Working Group on Animal Distress in the Laboratory. Lab Animal (NY),
35, 26–30.
Budke, C. M., Levine, J. M., Kerwin, S. C., Levine, G. J., Hettlich, B. F., & Slater, M. R.
(2008). Evaluation of a questionnaire for obtaining owner-perceived, weighted
quality-of-life assessments for dogs with spinal cord injuries. Journal of the American
Veterinary Medical Association, 233, 925–930.
Buffington, C. A. T. (2011). Idiopathic cystitis in domestic cats—beyond the lower uri-
nary tract. Journal of Veterinary Internal Medicine, 25, 784–796.
Cain, D. M., Vang, D., Simone, D. A., Hebbel, R. P., & Gupta, K. (2012). Mouse mod-
els for studying pain in sickle disease: Effects of strain, age, and acuteness. British
Journal of Haematology, 156, 535–544.
Carbone, L. (2004). What Animals Want: Expertise and Advocacy in Laboratory
Animal Welfare Policy. New York, NY: Oxford University Press.
Carbone, L. (2012). Pain management standards in the eighth edition of the Guide for
the Care and Use of Laboratory Animals. Journal of the American Association for
Laboratory Animal Science, 51, 322–328.
Carstens, E., & Moberg, G. P. (2000). Recognizing pain and distress in laboratory ani-
mals. ILAR Journal, 41, 62–71.
Castagné, V., Moser, P., Roux, S., & Porsolt, R. D. (2010, June). Rodent models of depres-
sion: Forced swim and tail suspension behavioral despair tests in rats and mice.
Current Protocols in Pharmacology, 49, Chapter 5: Unit 5.8. doi: 10.1002/0471141755.
ph0508s49.
Understanding the Effects of Maltreatment on Animal Welfare223
Chen, X., Li, Y., Li, S., & Kirouac, G. J. (2012). Early fear as a predictor of avoidance
in a rat model of post-traumatic stress disorder. Behavioural Brain Research, 226,
112–117.
Cirulli, F., & Alleva, E. (2009). The NGF saga: From animal models of psychoso-
cial stress to stress-related psychopathology. Frontiers in Neuroendocrinology, 30,
379–395.
Cobos, E. J., & Portillo-Salido, E. (2013). “Bedside-to-bench” behavioral out-
comes in animal models of pain: Beyond the evaluation of reflexes. Current
Neuropharmacology, 11, 560–591.
Coenen, V. A., Schlaepfer, T. E., Maedler, B., & Panksepp, J. (2011). Cross-species affec-
tive functions of the medial forebrain bundle-implications for the treatment of
affective pain and depression in humans. Neuroscience and Biobehavioral Reviews,
35, 1971–1981.
Colonnello, V., Iacobucci, P., Fuchs, T., Newberry R. C., & Panksepp, J. (2011). Octodon
degus. A useful animal model for social-affective neuroscience research: Basic
description of separation distress, social attachments and play. Neuroscience and
Biobehavioral Reviews, 35, 1854–1863.
Crawley, J. N., Sutton, M. E., & Pickar, D. (1985). Animal models of self-destructive
behavior and suicide. Psychiatric Clinics of North America, 8, 299–310.
Cryan, J. F., & Sweeney, F. F. (2011). The age of anxiety: Role of animal models of anx-
iolytic action in drug discovery. British Journal of Pharmacology, 164, 1129–1161.
Currie, G. L, Delaney, A., Bennett, M. I., Dickenson, A. H., Egan, K. J., Vesterinen,
H. M., . . . Fallon, M. T. (2013). Animal models of bone cancer pain: Systematic
review and meta-analyses. Pain, 154, 917–926.
Darwin, C. (1965). The expression of the emotions in man and animals.
Chicago: University of Chicago Press (original publication in 1872).
Dawkins, M. S. (2008). The science of animal suffering. Ethology, 114, 937–945.
Dawkins, M. S. (1990). From an animal’s point of view: Motivation, fitness and animal
welfare. Behavioral and Brain Sciences, 13, 1–9.
Dawkins, M. S. (1980). Animal suffering: The science of animal welfare.
New York: Chapman and Hall.
Davis, G. Personal communication, April 2, 2014.
D’Souza, W. N., Ng, G. Y., Youngblood, B. D., Tsuji, W., & Lehto, S. G. (2011). A
review of current animal models of osteoarthritis pain. Current Pharmaceutical
Biotechnology, 12, 1596–1612.
Davoody, L., Quiton, R. L., Lucas, J. M., Ji, Y., Keller, A., & Masri, R. (2011). Conditioned
place preference reveals tonic pain in an animal model of central pain. The Journal
of Pain, 12, 868–874.
Desantana, J. M., da Cruz, K. M., & Sluka, K. A. (2013). Animal models of fibromyal-
gia. Arthritis Research & Therapy, 15, 222.
Duman, C. H. (2010). Models of depression. Vitamins and Hormones, 82, 1–21.
Duncan, I. J. H. (2005). Science-based assessment of animal welfare: Farm animals.
Revue Scientifique et Technique, 24, 483–492.
Duncan, I. J. H. (1993). Welfare is to do with what animals feel. Journal of Agricultural
and Environmental Ethics, 6, Special Supplement 2, 8–13.
Duncan, I. J. H., & Dawkins, M. S. (1983). The problem of assessing well-being and
suffering in farm animals. In D. Smidt (Ed.), Indicators Relevant to Animal Welfare,
224 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Gould, T. D., & Gottesman, I. I. (2006). Psychiatric endophenotypes and the develop-
ment of valid animal models. Genes, Brain, and Behavior, 5, 113–119.
Grandin, T. (Ed.). (2010). Improving animal welfare: A practical approach. Cambridge,
MA: CABI.
Grandin, T. (2005). Mental well-being in farm animals: How they think and feel. In
F. McMillan (Ed.), Mental Health and Well-Being in Animals (pp. 245−258). Ames,
IA: Blackwell Publishing.
Greco, D. S. (1991). The effect of stress on the evaluation of feline patients. In J.
R. August (Ed.), Consultations in feline internal medicine (pp. 13–17). Philadelphia,
PA: WB Saunders.
Green, T. C., & Mellor, D. J. (2011). Extending ideas about animal welfare assessment
to include ‘quality of life’ and related concepts. New Zealand Veterinary Journal, 59,
263–271.
Green, P. G., Alvarez, P., Gear, R. W., Mendoza, D., Levine, J. D. (2011). Further
validation of a model of fibromyalgia syndrome in the rat. Journal of Pain, 12,
811–818.
Gregory, N. S., Harris, A. L., Robinson, C. R., Dougherty, P. M., Fuchs, P. N., & Sluka,
K. A. (2013). An overview of animal models of pain: Disease models and outcome
measures. Journal of Pain, 14, 1255–1269.
Gregory, N. G. (2004). Physiology and behavior of animal suffering. Oxford,
UK: Blackwell Publishing.
Griffin, D. R. (1976). The question of animal awareness: Evolutionary continuity of men-
tal experience. New York: Rockefeller University Press.
Griffin, D. R. (2001). Animal minds: Beyond cognition to consciousness. Chicago,
IL: University of Chicago Press.
Gutierrez, E. (2013). A rat in the labyrinth of anorexia nervosa: Contributions of the
activity-based anorexia rodent model to the understanding of anorexia nervosa.
International Journal of Eating Disorders, 46, 289–301.
Harro, J. (2013). Animal models of depression vulnerability. Current Topics in
Behavioral Neurosciences, 14, 29–54.
Harrison & Ray vs. Jammas Ranch Tours, Inc., et al. North Carolina Cumberland
County General Court of Justice District Court Divisions 12 CVD 669. Permanent
Injunction by Consent. Filed August 27, 2012.
Hassan, S., Karpova, Y., Baiz, D., Yancey, D., Pullikuth, A., Flores, A., & Kulik, G.
(2013). Behavioral stress accelerates prostate cancer development in mice. Journal of
Clinical Investigation, 123, 874–886.
Hellyer, P. W., Uhrig, S. R., & Robinson, N. G. (2006). Colorado State University
Veterinary Medical Center Feline Acute Pain Scale. Retrieved from http://www.
csuanimalcancercenter.org/assets/files/csu_acute_pain_scale_feline.pdf
Henn, F. A., & Vollmayr, B. (2005). Stress models of depression: Forming genetically
vulnerable strains. Neuroscience and Biobehavioral Reviews, 29, 799–804.
Hennessy, M. B. (2013). Using hypothalamic—pituitary—adrenal measures for assess-
ing and reducing the stress of dogs in shelters: A review. Applied Animal Behavior
Science, 149, 1–12.
Hennessy, M. B., Davis, H. N., Williams, M. T. Mellott, C., & Douglas, C. W. (1997).
Plasma cortisol levels of dogs in a county animal shelter. Physiology and Behavior,
62, 485–490.
226 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Hennessy, M. B., Williams, M. T., Miller, D. D., Douglas, C. W., & Voith, V. L. (1998).
Influence of male and female petters on plasma cortisol and behaviour: Can human
interaction reduce the stress of dogs in a public animal shelter? Applied Animal
Behaviour Science, 61, 63–77.
Hewson, C. J. (2003). What is animal welfare? Common definitions and their practical
consequences. Canadian Veterinary Journal, 44, 496–499.
Hodes, G. E. (2013). Sex, stress, and epigenetics: Regulation of behavior in animal
models of mood disorders. Biology of Sex Differences, 4, 1.
Hoffman, K. L. (2013). Role of murine models in psychiatric illness drug discov-
ery: A dimensional view. Expert Opinion on Drug Discovery, 8, 865–877.
Hollwich, F., & Dieckhues, B. (1980). The effect of natural and artificial light via the
eye on the hormonal and metabolic balance of animal and man. Opthalmologica,
180, 188–197.
Iliopoulou, M. A., Kitchell, B. E., & Yuzbasiyan-Gurkan, V. (2013). Development of
a survey instrument to assess health-related quality of life in small animal cancer
patients treated with chemotherapy. Journal of the American Veterinary Medical
Association, 242, 1679–1687.
Jaggi, A. S., Bhatia, N., Kumar, N., Singh, N., Anand, P., & Dhawan, R. (2011). A review
on animal models for screening potential anti-stress agents. Neurological Sciences,
32, 993–1005.
Jahng, J. W. (2011). An animal model of eating disorders associated with stressful
experience in early life. Hormones and Behavior, 59, 213–220.
Kaffman, A., & Krystal, J. H. (2012). New frontiers in animal research of psychiatric
illness. Methods in Molecular Biology, 829, 3–30.
Kehl, L. J., & Fairbanks, C. A. (2003). Experimental animal models of muscle pain and
analgesia. Exercise and Sport Sciences Reviews, 31, 188–194.
Khansari, D. N., Murgo, A. J., & Faith, R. E. (1990). Effects of stress on the immune
system. Immunology, 11, 170–175.
Khasar, S. G., Green, P. G., & Levine, J. D. (2005). Repeated sound stress enhances
inflammatory pain in the rat. Pain, 116, 79–86.
Kim, J. S., Kroin, J. S., Buvanendran, A., Li, X., van Wijnen, A. J., Tuman, K. J., & Im,
H. J. (2011). Characterization of a new animal model for evaluation and treatment
of back pain due to lumbar facet joint osteoarthritis. Arthritis and Rheumatism, 63,
2966–2973.
Kirkden, R. D., & Pajor, E.A. (2006). Using preference, motivation and aversion tests to
ask scientific questions about animals’ feelings. Applied Animal Behaviour Science,
100, 29–47.
Kirkwood, J. K. (2007). Introduction. Quality of life: The heart of the matter. Animal
Welfare, 16(S), 3–7.
Korff, S., & Harvey, B. H. (2006). Animal models of obsessive-compulsive disor-
der: Rationale to understanding psychobiology and pharmacology. Psychiatric
Clinics of North America, 29, 371–390.
Krzyzanowska, A., & Avendaño, C. (2012). Behavioral testing in rodent models of oro-
facial neuropathic and inflammatory pain. Brain and Behavior, 2, 678–697.
Kumar, V., Bhat, Z. A., & Kumar, D. (2013). Animal models of anxiety: A com-
prehensive review. Journal of Pharmacological and Toxicological Methods, 68,
175–183.
Understanding the Effects of Maltreatment on Animal Welfare227
Kuraishi, Y., & Sasaki, A. (2014). Animal models and pharmacology of herpetic and
postherpetic pain. Current Topics in Behavioral Neurosciences, 20, 57–74.
Lamont, L. A. (2008). Multimodal pain management in veterinary medicine: The phys-
iologic basis of pharmacologic therapies. Veterinary Clinics of North America: Small
Animal Practice, 38, 1173–1186.
LaMotte, R. H., Shimada, S. G., & Sikand, P. (2011). Mouse models of acute, chemical
itch and pain in humans. Experimental Dermatology, 20, 778–782.
Lampis, V., Maziade, M., & Battaglia, M. (2011). Animal models of human anxiety dis-
orders: Reappraisal from a developmental psychopathology vantage point. Pediatric
Research, 69, 77R–84R.
Leliveld, L. M. C., Langbein, J., & Puppe, B. (2013). The emergence of emotional later-
alization: Evidence in non-human vertebrates and implications for farm animals.
Applied Animal Behaviour Science, 145, 1–14.
Lockwood, R. Personal communication, September 25, 2014.
Lozano-Ondoua, A. N., Symons-Liguori, A. M., & Vanderah, T. W. (2013).
Cancer-induced bone pain: Mechanisms and models. Neuroscience Letters, 557 Pt
A, 52–59.
Lynch, S., Savary-Bataille, K., Leeuw, B., & Argyle, D. J. (2011). Development of a
questionnaire assessing health-related quality-of-life in dogs and cats with cancer.
Veterinary and Comparative Oncology, 9, 172–182.
Lyons, D. M, Parker K. J., & Schatzberg, A. F. (2010). Animal models of early life
stress: Implications for understanding resilience. Developmental Psychobiology, 52,
616–624.
Malkesman, O., Pine, D. S., Tragon, T., Austin, D. R., Henter, I. D., Chen, G., &
Manji, H. K. (2009). Animal models of suicide-trait-related behaviors. Trends in
Pharmacological Sciences, 30, 165–173.
Maple, T. L., & Perdue, B. M. (2013). Zoo animal welfare. New York: Springer.
Martin, L. J., Tuttle, A. H., & Mogil, J. S. (2014). The interaction between pain and
social behavior in humans and rodents. Current Topics in Behavioral Neurosciences,
20, 233–250.
McCobb, E. C., Patronek, G. J., Marder, A., Dinnage, D., & Stone, M. S. (2005).
Assessment of stress levels among cats in four animal shelters. Journal of the
American Veterinary Medical Association, 226, 548–555.
McKinney, W. T. (2001). Overview of the past contributions of animal models and
their changing place in psychiatry. Seminars in Clinical Neuropsychiatry, 6, 68–78.
McMillan, F. D. (2000). Quality of life in animals. Journal of the American Veterinary
Medical Association, 216, 1904–1910.
McMillan, F. D. (2002). Development of a mental wellness program for animals.
Journal of the American Veterinary Medical Association, 220, 965–972.
McMillan, F. D. (Ed.) (2005). Mental health and well-being in animals. Ames,
IA: Blackwell Publishing.
McMillan, F. D., & Rollin, B. E. (2001). The presence of mind: On reunifying the ani-
mal mind and body. Journal of the American Veterinary Medical Association, 218,
1723–1727.
Mehta, P. H., & Gosling, S. D. (2008). Bridging human and animal research: A compar-
ative approach to studies of personality and health. Brain, Behavior, and Immunity,
22, 651–661.
228 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Mellor, D., Patterson–Kane, E., & Stafford, K. (Eds.). (2009). The Sciences of Animal
Welfare. Ames, IA: Blackwell Publishing.
Mellor, D. (2015a). Enhancing animal welfare by creating opportunities for positive
affective engagement. New Zealand Veterinary Journal, 63, 3–8.
Mellor, D. (2015b). Positive animal welfare states and reference standards for welfare
assessment. New Zealand Veterinary Journal, 63, 17–23.
Mench, J. A., & van Tienhoven, A. (1986). Farm animal welfare: Behavioral and physi-
ological studies are providing a basis for the development of innovative housing.
American Scientist, 74, 598–603.
Merck, M. D. (Ed.). (2007). Patterns of non–accidental injury: Neglect. In Veterinary
Forensics: Animal Cruelty Investigations (pp. 201–224). Ames, IA: Blackwell Publishing.
Meyer-Holzapfel, M. (1968). Abnormal behavior in zoo animals. In M. W. Fox (Ed.),
Abnormal behavior in animals (pp. 476–503). Philadelphia, PA: W. B. Saunders.
Miller, L., & Zawistowski, S. (2015). Housing, husbandry and behavior of dogs in
animal shelters. In E. Weiss, H. Mohan-Gibbons, & S. Zawistowski (Eds.), Animal
behavior for shelter veterinarians and staff. Ames, IA: Blackwell Publishing.
Mitchell, P. J., & Redfern, P. H. (2005). Animal models of depressive illness: The impor-
tance of chronic drug treatment. Current Pharmaceutical Design, 11, 171–203.
Moberg, G. P. (1985). Biological responses to stress: Key to assessment of ani-
mal well-being? In G. P. Moberg (Ed.), Animal stress (pp. 27–49). Philadelphia,
PA: Lippincott Williams and Wilkins.
Moberg, G. P. (1987). Problems defining stress and distress in animals. Journal of the
American Veterinary Medical Association, 191, 1207–1211.
Moberg, G. P., & Mench, J. A. (Eds.). (2000). The biology of animal stress: Basic prin-
ciples and implications for animal welfare. New York, NY: CABI Publishing.
Mogil, J. S. (2012). The surprising empathic abilities of rodents. Trends in Cognitive
Sciences, 16, 143–144.
Mogil, J. S., Davis, K. D., & Derbyshire, S. W. (2010). The necessity of animal models in
pain research. Pain, 151, 12–17.
Morgan, K. N., & Tromborg, C. T. (2007). Sources of stress in captivity. Applied Animal
Behaviour Science, 102, 262–302.
Nakae, A., Nakai, K., Yano, K., Hosokawa, K., Shibata, M., & Mashimo, T. (2011).
The animal model of spinal cord injury as an experimental pain model. Journal of
Biomedicine and Biotechnology, 2011, 939023. Retrieved from http://www.hindawi.
com/journals/bmri/2011/939023/
Nalivaiko, E. (2011). Animal models of psychogenic cardiovascular disorders: What we
can learn from them and what we cannot. Clinical and Experimental Pharmacology
& Physiology, 38, 115–125.
Nelson, E. E., & Winslow, J. T. (2009). Non-human primates: Model animals for devel-
opmental psychopathology. Neuropsychopharmacology, 34, 90–105.
Newbury, S. Personal communication, May 21, 2014.
Newbury, S., Blinn, M. K., Bushby, P. A., Cox, C. B., Dinnage, J. D., Griffin, B., . . .
Spindel, M. (2010). Guidelines for standards of care in animal shelters. Retrieved from
http://www.sheltervet.org/assets/docs/shelter-standards-oct2011-wforward.pdf
Niessen, S. J., Powney, S., Guitian, J., Niessen, A. P., Pion, P. D., Shaw, J. A., & Church,
D. B. (2012). Evaluation of a quality-of-life tool for dogs with diabetes mellitus.
Journal of Veterinary Internal Medicine, 26, 953–961.
Understanding the Effects of Maltreatment on Animal Welfare229
Niessen, S. J., Powney, S., Guitian, J., Niessen, A. P., Pion, P. D., Shaw, J. A., & Church,
D. B. (2010). Evaluation of a quality-of-life tool for cats with diabetes mellitus.
Journal of Veterinary Internal Medicine, 24, 1098–1105.
Nollet, M., Le Guisquet, A. M., & Belzung, C. (2013, June). Models of depres-
sion: Unpredictable chronic mild stress in mice. Current Protocols in Pharmacology,
61, 5.65.1–5.65.17.
NRC (National Research Council) of the National Academies (2008). Recognition
and alleviation of distress in laboratory animals (p. 2). Washington, DC: National
Academies Press.
Ono, K., Harano, N., Inenaga, K., & Nakanishi, O. (2012). A rat pain model of facial
cancer. Methods in Molecular Biology, 851, 149–157.
Oyama, M. A., Rush, J. E., O’Sullivan, M. L., Williams, R. M., Rozanski, E. A., Petrie,
J. P., . . . Brown, D. C. (2008). Perceptions and priorities of owners of dogs with
heart disease regarding quality versus quantity of life for their pets. Journal of the
American Veterinary Medical Association, 233, 104–108.
Panksepp, J. B., & Lahvis, G. P. (2011). Rodent empathy and affective neuroscience.
Neuroscience and Biobehavioral Reviews, 35, 1864–1875.
Panksepp J. (2005). Affective consciousness: Core emotional feelings in animals and
humans. Consciousness and Cognition, 14, 30–80.
Panksepp, J. (2005). Toward a science of ultimate concern. Consciousness and
Cognition, 14, 22–29.
Panksepp, J. (2011). The basic emotional circuits of mammalian brains: Do animals
have affective lives? Neurocscience and Behavioural Reviews, 35, 1791–1804.
Panksepp, J., & Panksepp, J. B. (2013). Towards a cross-species understanding of empa-
thy. Trends in Neurosciences, 36, 489–496.
Piel, M. J., Kroin, J. S., van Wijnen, A. J., Kc, R., & Im, H-J. (2014). Pain assessment in
animal models of osteoarthritis. Gene, 537, 184–188.
Pratt, D., Fuchs, P. N., & Sluka, K. A. (2013). Assessment of avoidance behaviors in
mouse models of muscle pain. Neuroscience, 248C, 54–60.
Preti, A. (2011a). Animal model and neurobiology of suicide. Progress in
Neuropsychopharmacology and Biological Psychiatry, 35, 818–830.
Preti, A. (2011b). Do animals commit suicide? Does it matter? Crisis, 32, 1–4.
Pryce, C. R., & Seifritz, E. (2011). A translational research framework for
enhanced validity of mouse models of psychopathological states in depression.
Psychoneuroendocrinology, 36, 308–329.
Qi, C., Roseboom, P. H., Nanda, S. A., Lane, J. C., Speers, J. M.,& Kalin, N. H. (2010).
Anxiety-related behavioral inhibition in rats: A model to examine mechanisms
underlying the risk to develop stress-related psychopathology. Genes, Brain, and
Behavior, 9, 974–984.
Redei, E. E., Ahmadiyeh, N., Baum, A. E., Sasso, D. A., Slone, J. L., Solberg, L. C., . . .
Volenec, A. (2001). Novel animal models of affective disorders. Seminars in Clinical
Neuropsychiatry, 6, 43–67.
Reiche, E. M. V., Nunes, S. O., & Morimoto, H. K. (2004). Stress, depression, the
immune system, and cancer. The Lancet Oncology, 5, 617–625.
Reid, J., Wiseman-Orr, M. L., Scott, E. M., & Nolan, A. M. (2013). Development, vali-
dation and reliability of a web-based questionnaire to measure health-related qual-
ity of life in dogs. Journal of Small Animal Practice, 54, 227–233.
230 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Réus, G. Z., Dos Santos, M. A., Abelaira, H. M., & Quevedo, J. (2014). Animal models
of social anxiety disorder and their validity criteria. Life Sciences, 114, 1–3.
Riley, V. (1981) Psychoneuroendocrine influences on immunocompetence and neopla-
sia. Science, 212, 1100–1109.
Rollin, B. (1987). Animal pain, scientific ideology, and the reappropriation of common
sense. Journal of the American Veterinary Medical Association, 191, 1222–1226.
Rollin, B. E. (2003). Farm animal welfare: Social, bioethical, and research issues.
Hoboken, NJ: Wiley-Blackwell Publishing.
Rollin, B. (2006). Euthanasia and quality of life. Journal of the American Veterinary
Medical Association, 228, 1014–1016.
Rollin, B. E. (2011). Animal rights as a mainstream phenomenon. Animals, 1, 102–115.
Rollin, B. E. (2012). The moral status of invasive animal research. In S. Gilbert, G.
E. Kaebnick, & T. H. Murray (Eds.), Animal research ethics: Evolving views and prac-
tices, Hastings Center Special Report, 42, S4–S6. Retrieved from http://www.thehast-
ingscenter.org/Publications/SpecialReports/Detail.aspx?id=6075
Rollin, B. E. (1997). Pain and ideology in human and veterinary medicine. Seminars in
Veterinary Medicine and Surgery, 12, 56–60.
Saavedra-Rodríguez, L., & Feig, L. A. (2013). Chronic social instability induces
anxiety and defective social interactions across generations. Biological Psychiatry,
73, 44–53.
Scharf, S. H., & Schmidt, M. V. (2012). Animal models of stress vulnerability and resil-
ience in translational research. Current Psychiatry Reports, 14, 159–165.
Schiavone, S., Jaquet, V., Trabace, L., & Krause K. H. (2013). Severe life stress and oxi-
dative stress in the brain: From animal models to human pathology. Antioxidants
and Redox Signaling, 18, 1475–1490.
Scott, E. M., Nolan, A. M., Reid, J, & Wiseman-Orr, M. L. (2007). Can we really mea-
sure animal quality of life? Methodologies for measuring quality of life in people
and other animals. Animal Welfare, 16(S), 17–24.
Sharon, I. M., Feller, R. P., & Burney, S. W. (1971). The effects of lights of different
spectra on caries incidence in the golden hamster. Archives of Oral Biology, 16,
1427–1431.
Siegford, J. (2014). Opportunities for Learning about Animal Welfare from Online
Courses to Graduate Degrees. Michigan State University Animal Behavior and
Welfare Group. Retrieved from https://www.avma.org/Events/Symposiums/
AnimalWelfare/Documents/siegford.pdf
Silverman, J. (2008). Sentience and sensation. Lab Animal, 37, 465–467.
Sinclair, S., Merck, M., & Lockwood, R. (2006). Forensic investigation of animal
cruelty: A guide for veterinary and law enforcement professionals (pp. 155–163).
Washington, DC: Humane Society Press.
Siniscalchi, M., Lusito, R., Vallortigara, G., & Quaranta, A. (2013). Seeing left- or
right-asymmetric tail wagging produces different emotional responses in dogs.
Current Biology, 23, 2279–2282.
Slep, A. M., Heyman, R. E., & Snarr, J. D. (2011). Child emotional aggression and
abuse: Definitions and prevalence. Child Abuse & Neglect, 35, 783–796.
Stoltenborgh, M., Bakermans-Kranenburg, M. J., Alink, L. R., & van Ijzendoorn, M. H.
(2012). The universality of child emotional abuse: A meta-analysis of worldwide
prevalence. Journal of Aggression, Maltreatment, and Trauma, 21, 870–890.
Understanding the Effects of Maltreatment on Animal Welfare231
Strong, J. A., Xie, W., Bataille, F. J., & Zhang, J. M. (2013). Preclinical studies of low
back pain. Molecular Pain, 9, 17. Retrieved from http://www.molecularpain.com/
content/pdf/1744-8069-9-17.pdf
Taylor, K. D., & Mills, D. S. (2007). Is quality of life a useful concept for companion
animals? Animal Welfare, 16(s), 55–65.
Teeple, E., Jay, G. D., Elsaid, K. A., & Fleming, B. C. (2013). Animal models of osteoar-
thritis: Challenges of model selection and analysis. The AAPS Journal, 15, 438–446.
Tonmyr, L., Draca, D., Crain, J., & MacMillan, H. L. (2011). Measurement of emotional/
psychological child maltreatment: A review. Child Abuse & Neglect, 35, 767–782.
Tournier, J. N., Mathieu, J., Mailert, Y., Multon, E., Drouet, C., Jouan, A., & Drouet,
E. (2001). Chronic restraint stress induces severe disruption of the T-cell specific
response to tetanus toxin vaccine. Immunology, 102, 515–523.
Trickett, P. K., Mennen, F. E., Kim, K., & Sang, J. (2009). Emotional abuse in a sample
of multiply maltreated, urban young adolescents: Issues of definition and identifica-
tion. Child Abuse & Neglect, 33, 27–35.
Ueyama, T., Yamamoto, Y., Ueda, K., Kawabe, T., Hano, T., Ito, T., . . . Yoshida, K.
(2011). Cardiac and vascular gene profiles in an animal model of takotsubo cardio-
myopathy. Heart and Vessels, 26, 321–337.
Underwood, W. A. (2002). Pain and distress in agricultural animals. Journal of the
American Veterinary Medical Association, 221, 208–211.
University of Amherst Extension (2005). Bedding Options for Livestock and Equine.
Retrieved from http://www.extension.umass.edu/cdle/sites/extension.umass.edu.
cdle/files/fact-sheets/pdf/Bedding%2008-05.pdf
University of Glasgow (2008). Short form of the Glasgow composite measure pain
scale. Retrieved from http://www.gla.ac.uk/media/media_233876_en.pdf
USDA APHIS (2011, March 25). Policy #11: Painful and Distressful Procedures.
Retrieved from http://www.aphis.usda.gov/animal_welfare/downloads/Animal%20
Care%20Policy%20Manual.pdf
Van de Weerd, H. A., Van Loo, P. L. P., Van Zutphen, L. F. M., Koolhaas, J. M., &
Baumans, V. (1997). Preferences for nesting material as environmental enrichment
for laboratory mice. Laboratory Animals, 31, 133–143.
Venzala, E., García-García, A. L., Elizalde, N., & Tordera, R. M. (2013). Social vs.
environmental stress models of depression from a behavioural and neurochemical
approach. European Neuropsychopharmacology, 23, 697–708.
Vermeulen, H., & Odendaal, J. (1993.) Proposed typology of companion animal abuse.
Anthrozoös, 6, 248–257.
Villalobos, A. (2007). Appendix 2: Handouts for Clients, In Canine and feline geriatric
oncology, honoring the human animal bond (p. 359). Ames, IA: Blackwell Publishing.
Walker, F. R., Hinwood, M., Masters, L., Deilenberg, R. A., & Day, T. A. (2008).
Individual differences predict susceptibility to conditioned fear arising from psy-
chosocial trauma. Journal of Psychiatric Research, 42, 371–383.
Wang, H., Zuo, D., He, B., Qiao, F., Zhao, M., & Wu, Y. (2012). Conditioned fear stress
combined with single-prolonged stress: A new PTSD mouse model. Neuroscience
Research, 73, 142–152.
Warren, B. L., Vialou, V. F., Iñiguez, S. D., Alcantara, L. F, Wright, K. N., Feng, J., &
. . . Bolaños-Guzmán, C. A. (2013). Neurobiological sequelae of witnessing stressful
events in adult mice. Biological Psychiatry, 73, 7–14.
232 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Wasserman, E. A, Thomas, R., & Zentall, T. R. (Eds.) (2006). Comparative cog-
nition: Experimental explorations of animal intelligence. New York: Oxford
University Press.
Weary, D. M., Niel, L., Flower, F. C., & Fraser, D. (2006). Identifying and preventing
pain in animals. Applied Animal Behaviour Science, 100, 64–76.
Webster, J. (2005). Sentience, sense and suffering. In Animal welfare: Limping towards
Eden (pp. 46–76). Ames, IA: Blackwell Publishing.
Wielebnowski, N. (2003). Stress and distress: Evaluating their impact for the well-being
of zoo animals. Journal of the American Veterinary Medical Association, 223,
973–976.
Wemelsfelder, F. (2007). How animals communicate quality of life: The qualitative
assessment of behavior. Animal Welfare, 16(S), 25–31.
Westlund, K. N., & Vera-Portocarrero, L. (2012). Rat models of pancreatitis pain.
Methods in Molecular Biology, 851, 223–238.
Wielebnowski, N. (2003). Stress and distress: Evaluating their impact for the well-being
of zoo animals. Journal of the American Veterinary Medical Association, 223,
973–976.
Wiepkema, P. R., & Koolhaas, J. M. (1993). Stress and animal welfare. Animal Welfare,
2, 195–218.
Whiteside, G. T., Pomonis, J. D., & Kennedy, J. D. (2013). An industry perspective on
the role and utility of animal models of pain in drug discovery. Neuroscience Letters,
557 Pt A, 65–72.
Wilkes, D., Li, G., Angeles, C. F., Patterson, J. T., & Huang, L. Y. (2012). A large animal
neuropathic pain model in sheep: A strategy for improving the predictability of pre-
clinical models for therapeutic development. Journal of Pain Research, 5, 415–424.
Winkelstein, B. A. (2011). How can animal models inform on the transition to chronic
symptoms in whiplash? Spine, 36(25 Suppl), S218−S225.
Wiseman-Orr, L. M., Nolan, A. M., Reid, J., & Scott, E. M. (2004). Development of a
questionnaire to measure the effects of chronic pain on health-related quality of life
in dogs. American Journal of Veterinary Research, 65, 1077–1084.
Wojciechowska, J., & Hewson, C. J. (2005). Quality-of-life assessment in pet dogs.
Journal of the American Veterinary Medical Association, 226, 722–728.
Wolfe, D. A., & McIsaac, C. (2011). Distinguishing between poor/dysfunctional par-
enting and child emotional maltreatment. Child Abuse & Neglect, 35, 802–813.
Wynne, C. D. L., & Udell, M. A. R. (2013). Animal cognition: Evolution, behavior and
cognition (2nd ed.). New York: Palgrave Macmillan.
Xu, J., & Brennan, T. J. (2011). The pathophysiology of acute pain: Animal models.
Current Opinion in Anesthesiology, 24, 508–514.
Yamamoto, S., Morinobu, S., Takei, S., Fuchikami, M., Matsuki, A., Yamawaki, S.,&
Liberzon, I. (2009). Single prolonged stress: Toward an animal model of posttrau-
matic stress disorder. Depression and Anxiety, 26, 1110–1117.
Yan, H. C., Cao, X., Das, M., Zhu, X. H., & Gao, T. M. (2010). Behavioral animal models
of depression. Neuroscience Bulletin, 26, 327–337.
Yazbek, K. V. B, & Fantoni, D. T. (2005). Validity of a health-related quality-of-life scale
for dogs with signs of pain secondary to cancer. Journal of the American Veterinary
Medical Association, 226, 1354–1358.
Understanding the Effects of Maltreatment on Animal Welfare233
Yearley, J. H., Hancock, D. D., & Mealey, K. L. (2004). Survival time, lifespan, and
quality of life in dogs with idiopathic Fanconi syndrome. Journal of the American
Veterinary Medical Association, 225, 377–383.
Yeates, J. W., & Main, D. C. J. (2008). Assessment of positive welfare: A review. The
Veterinary Journal, 175, 293–300.
Yeates, J. W., & Main, D. (2009). Assessment of companion animal quality of life in
veterinary practice and research. Journal of Small Animal Practice, 50, 274–281.
Zhang, R. X., Ren, K., & Dubner, R. (2013). Osteoarthritis pain mechanisms: Basic
studies in animal models. Osteoarthritis and Cartilage, 21, 1308–1315.
Zhang, X. J., Zhang, T. W., Hu, S. J., & Xu, H. (2011). Behavioral assessments of the
aversive quality of pain in animals. Neuroscience Bulletin, 27, 61–67.
Zhao, J. B., Liao, D. H., & Nissen, T. D. (2013). Animal models of pancreatitis: Can
it be translated to human pain study? World Journal of Gastroenterology, 19,
7222–7230.
Zoladz, P. R., Fleshner, M., & Diamond, D. M. (2012). Psychosocial animal model
of PTSD produces a long-lasting traumatic memory, an increase in general anxi-
ety and PTSD-like glucocorticoid abnormalities. Psychoneuroendocrinology, 37,
1531–1545.
8
Unfortunately, in animal hoarding cases, the saved “items” are animals. Animal
hoarding is an understudied psychiatric illness that has significant health con-
sequences for animals, responders, community members, and the individuals
who hoard (Frost, Patronek, & Rosenfield, 2011). Animal neglect, defined as the
inability to provide basic care for animals (Nathanson, 2009), often occurs in
cases involving animal hoarding, but the two are not synonymous. Although
animal neglect is often viewed as a component of animal hoarding (Reinisch,
2008), animal hoarding as a mental disorder is likely to have many differences
from the colloquial use of the term “animal hoarding.” Similar to how individu-
als with hoarding disorder continue to have the mental disorder even if third
parties have removed the clutter, individuals with animal hoarding may have
the same urges to save animals and difficulty re-homing them even when the
animals that they own are not being neglected. They may have a spouse or a fam-
ily member who limits the number of animals owned and helps to maintain the
habitats of the animals.
While community responders have all seen the consequences of animal neglect,
little is known about the psychiatric features of individuals who neglect their ani-
mals. The following chapter will review the known characteristics of hoarding
disorder, the animal hoarding subtype, and then focus on evidence-based inter-
ventions for individuals who suffer from this psychiatric condition. We will also
review the characteristics and legal ramifications of animal neglect, and discuss
implications for future research in both animal neglect and animal hoarding.
C H A R ACT ER I ST I C S O F A N I M A L
H OA R D I N G A N D N EG L ECT
There have been two initial descriptive studies about animal hoarding, although
whether these studies were investigating cases of individuals who would meet
the criteria for the animal hoarding subtype of hoarding disorder, or neglected
their animals but are not suffering from HD, is unclear.
The Hoarding of Animals Research Consortium (HARC) provided descriptive
information on 54 animal hoarding cases as described by animal control agen-
cies and humane societies (Patronek, 1999). With respect to demographic infor-
mation on the individuals with animal hoarding in this report, 76% were female
and 46% were over the age of 60. The average number of pets was well beyond
normative animal ownership; the median number of animals was 39, and four
of the cases involved over 100 animals. A follow-up report in 2002 detailed more
descriptive information (HARC, 2002). Reports from animal shelters, social ser-
vice agencies, police, health departments, or other municipal agencies detailed
71 cases. Results were consistent with the previous report in that the sample
236 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
included largely females (83.1%). However, there was a wide range of ages—from
10 to 91. Over 70% of individuals were unmarried (single, widowed or divorced).
Interestingly, in all cases, there was evidence of object hoarding as seen by
items such as newspapers, books, and clothing accumulation, adding credence
to the assertion that these cases were of individuals suffering from hoarding
disorder. These individuals also evidenced poor sanitation, which resulted in
impaired activities of daily living (ADLs) in the afflicted individuals, such as dif-
ficulties with grooming/bathing, meal preparation, and moving about the house.
Findings indicated problems of “self-neglect” and neglect of others/animals
defined by poor nutrition, lack of medical care, and poor personal grooming/
care. However, self-neglect and ADL impairment is hard to differentiate with-
out diagnostic work-up; therefore, these results should be interpreted cautiously.
Unfortunately, community protocols for dealing with these cases are relatively
nonexistent, as evidenced by findings that there was little to no social service
follow-up when offenders exhibited low levels of mental competency, such as
inability to care for themselves. Because of the inadequate standards for deal-
ing with mental health in the community, the cases of animal hoarding involv-
ing possible cognitive impairment appeared to slip through the cracks. This is
alarming due to the severe health and sanitation problems and potential for dis-
ease transmission associated with animal hoarding.
Without a full psychiatric evaluation, it is hard to differentiate owners of mul-
tiple animals from individuals with animal hoarding problems. In a qualita-
tive and quantitative study of individuals who met criteria for animal hoarding
(n = 16) and individuals who owned large numbers of animals (e.g., 20 or more)
but did not meet criteria for animal hoarding (n = 11), the two samples evidenced
both similarities and differences (Steketee et al., 2011). Both groups reported
similar levels of stressful life events, emotional reactivity to animal death, beliefs
about caretaking, animal rescue behaviors, and attachment towards their ani-
mals (Steketee, et al., 2011). However, individuals who meet criteria for animal
hoarding reported increased problems with social relationships, history of a cha-
otic living environment in childhood, and social and occupational impairment.
Although this investigation was preliminary, it does start to shed light on the
features and impairment of individuals who hoard animals.
There are no formal studies of animal neglect compared to animal hoarding.
However, these concepts are closely tied, as those with animal hoarding may
neglect their animals (HARC, 2002; Patronek, 1999; Worth & Beck, 1981). The
DSM-5 states, “animal hoarding may be a special manifestation of hoarding dis-
order. The most prominent differences between animal and object hoarding are
the extent of unsanitary conditions and the poorer insight in animal hoarding”
(American Psychiatric Association, 2013). Unfortunately, there have been no
large characterization studies to investigate the psychological features of indi-
viduals who hoard animals as the result of a mental illness such as HD.
The majority of individuals who are not mental health professionals may
view the term animal hoarding as synonymous with animal neglect. This can
be evidenced even in legal documents. In Hawaii, there is a law which makes
Social Responses to Animal Maltreatment Offenders: Neglect and Hoarding237
We do not fully understand the scope and prevalence of animal neglect and
the animal hoarding subtype of hoarding disorder as there have not been any
large-scale epidemiological studies. Although animal hoarding is a psychiatric
condition, it would not likely be entered into medical record systems. This is
due to the fact that hoarding disorder is a newly defined psychiatric condition,
and record systems have not yet incorporated this new diagnosis. Further, if
animal hoarding were recorded, it would be noted as hoarding disorder only,
because animal hoarding is a subtype of hoarding disorder. Further, there is not
a national mental health database for recording animal hoarding or neglect cases
(Berry et al., 2005).
Although we believe that most cases of animal hoarding would result in ani-
mal neglect, it is possible that there are individuals who would meet the psychi-
atric criteria of HD, animal-hoarding subtype, yet the conditions of the animals
are not severe enough for prosecution. By contrast, multiple animals may meet
the criteria for HD, but due to an individual’s resources, social support system,
number of animals, low HD symptom severity, and/or level of insight, the con-
ditions fall within local standards of animal care or remain undetected. Thus,
tracking and cataloging individuals with hoarding and/or animal neglect and
hoarding is challenging.
Two separate methods of extrapolation (surveys of animal shelters and munic-
ipal health officers) have been used to estimate the incidence of animal hoard-
ing/neglect in the U.S. population. Interestingly, both estimates are fairly close
in magnitude, ranging from 700 (Patronek, 1999) to 2,500 (Frost et al., 2000),
although they used remarkably different strategies. Patronek (1999) used the
incidence of animal hoarding cases observed in 10 animal shelters across the
country to estimate both the mean [median] number of animal hoarding cases
per 1,000 animals handled in animal shelters (0.27 [0.80] cases) and the num-
ber of animal hoarding cases per 100,000 persons living in the service area of
those animal shelters (0.80 [0.25] cases). This data suggested that 700 to 2,000
cases in the United States each year are identified with possible animal hoarding.
The median number of animals in each case was 39, meaning that a significant
238 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
number of animals in the United States each year are possibly subject to neglect
by individuals meeting criteria for animal hoarding (Patronek, 1999).
In contrast, Frost et al. (2000) surveyed municipal health officers from the state
of Massachusetts regarding the number of hoarding complaints they received
and the frequency with which the hoarding complaints involved animals. Based
on the data from Massachusetts municipal health officers, Frost et al. (2000) con-
cluded that for every 100,000 people in the population, there will be slightly less
than three complaints (~2.8) made regarding animal hoarding (8.5 per 100,000
people for hoarding overall); thus, in the United States there are approximately
2,500 complaints made to municipal health officers every five years as a result of
possible animal hoarding. These estimates are based on crude data, but serve to
illustrate the magnitude of animal hoarding in the U.S. population.
Very little is known about the neuropsychiatric status of individuals who meet
criteria for the animal hoarding subtype of hoarding disorder or who are guilty
of animal neglect. This lack of information is not surprising given that research
on object hoarders was initially obtained from self-referred samples linked to
established research programs to study obsessive-compulsive disorder (e.g.,
Black et al., 1998; Saxena et al., 2002; Seedat & Stein, 2002). Individuals who
hoard or neglect animals would likely be fearful of reporting their symptoms
due to legal repercussions and the potential loss of their animals.
Early cases of animal hoarding led psychiatric researchers to conceptual-
ize it with a number of psychiatric conditions. Proposals to categorize animal
hoarding with delusional disorder (Patronek & Nathanson, 2009), substance
use disorders (Lockwood, 1994), dementia (Patronek, 1999), and dysfunctional
attachment (Patronek & Nathanson, 2009) were made before animal hoarding
was formally categorized within hoarding disorder. Given animal hoarders’
clear lack of insight regarding the poor state of their animals, delusional disorder
was initially seen as a useful model for conceptualization (HARC, 2000). This
was fueled by evidence that those who hoard animals often failed to acknowl-
edge the state of their living environment. Addiction models were also seen as a
plausible conceptualization due to the urges to acquire another animal with an
inability to resist “rescuing” animals, denial of the problem, and preoccupation
with animals (Lockwood, 1994). Lockwood also noted excuses for the behavior,
isolation from society, claims of persecution, and neglect of personal and envi-
ronmental conditions. Further, animal hoarding behavior may also be a sign of
dementia in some individuals (Patronek, 1999). This is further supported by the
large minority (26%) of individuals suspected of animal hoarding that eventu-
ally necessitate conservatorship or residential care, as found in one case series.
Over time, the available research on animal hoarding and what we now know
about HD has expanded such that it makes sense to conceptualize this condition
a subtype of HD.
Social Responses to Animal Maltreatment Offenders: Neglect and Hoarding239
Mental health clinicians may assume that those who hoard animals have
multiple psychiatric comorbidities (Frost et al., 2011). Surprisingly, Steketee and
colleagues (2011) did not find more mental health symptoms in individuals sus-
pected of animal hoarding than in people who owned large numbers of animals.
However, no formal psychiatric evaluation was conducted by a qualified mental
health clinician, these results were based on self-report, and the study involved
a very small sample size. Anecdotal evidence suggests high comorbidity with
personality, delusional, mood, or anxiety disorders (e.g., Patronek & Nathanson,
2009). A more accurate estimate of psychiatric comorbidity prevalence rates
remains to be seen as no comprehensive large-scale investigations have been
conducted.
The psychiatric status of those who neglect animals is unclear. Although
we believe that some of those who neglect animals may suffer from animal
hoarding, it is possible (and in fact common) to have very few animals and
neglect them. Those who fail to provide care to their animals may be impacted
by a variety of psychiatric conditions, in addition to hoarding disorder. First,
they may not have the capacity to care for their animals because they may be
suffering from a mental illness or neurodegenerative disease. In these cases,
individuals lack the cognitive skills or insight to provide basic care. It also
is possible that an individual may not be caring for their animals due to the
severity of a mood or substance use disorder. Again, symptoms of the psy-
chiatric illness such as loss of interest (depression) and lack of insight into
problematic behaviors (addiction) could impact, although not cause, animal
neglect.
Although not yet investigated, certain personality disorders, such as antisocial
personality disorder, may also affect the likelihood of animal neglect. Antisocial
personality disorder is characterized by a pervasive pattern of disregard for,
or violation of, the rights of others (American Psychiatric Association, 2013).
Although typically thought of in regard to relationships with humans, this can
clearly occur in relation to animals, such as in the case of conduct disorder, a
precursor to antisocial personality disorder (American Psychiatric Association,
2013). These cases might be seen in neglectful breeders who demonstrate little
concern over the welfare of their animals, in addition to manifesting neglect of
human relationships.
whereas in the animal subtype, the individual has urges to save and difficulty
re-homing animals. It is yet to be determined whether individuals who have dif-
ficulty with animal hoarding as well as object hoarding represent the majority of
animal hoarding cases or if there is a clear distinction between cases of animal
hoarding only or animal and object hoarding.
Similarities between individuals with HD and those with the animal hoarding
subtype may include gender (both populations are largely female; HARC, 2000;
HARC, 2002; Saxena et al., 2002) and marital status (both populations are likely
to be single or unmarried at the time of evaluation; Patronek, 1999; Samuels
et al., 2008). However, there is a lack of definitive research for either population,
and some studies have refuted the finding of gender differences in HD (Mueller,
Mitchell, Crosby, Glaesmer, & de Zwaan, 2009).
There may also be a similar mechanism of origin for both HD and animal
hoarding. Research on the onset of compulsive hoarding of objects suggests that
the hoarding may be preceded by traumatic or stressful events (Hartl, Duffany,
Allen, Steketee, & Frost, 2005; Samuels et al., 2008; Landau, Iervolino, Pertusa,
Santo, Singh, & Mataix-Cols, 2011), possibly including physical abuse (Tolin et al.,
2010). There is currently no research on the onset of animal hoarding. However,
personal anecdotes suggest that traumatic or stressful life events may also pre-
cede the onset of animal hoarding (Patronek & Nathanson, 2009). Unfortunately,
all studies of events preceding the onset of compulsive hoarding—of objects or
animals—are limited to self-reports based on the individuals’ recall of events.
Despite the intense and devastating nature of anecdotal reports of trauma, no
conclusions about the antecedents of animal hoarding can be made without firm
data, especially considering the tenuous reliability of memories of past trauma
(Loftus, 1993). Although asking corroborating witnesses about past trauma
of the afflicted individual, such as interviewing the members of organizations
like Children of Hoarders, could yield interesting information, such data may
be invalid and based on the wording of the questions asked (Loftus, 1975).
Longitudinal studies of the events preceding the onset of hoarding behaviors are
needed in order to confirm the theory of trauma as a precursor to HD or clini-
cally significant animal hoarding. Such studies could be conducted in adden-
dum to larger longitudinal investigations of psychiatric traits. Unfortunately,
there are no alternative methods by which to garner a clear understanding of the
causal forces contributing to the development of animal hoarding.
Although there is a dearth of validated information about the presentation of
animal hoarding, there are several hypothesized differences between animal and
object hoarding (Frost & Patronek, 2011). The health consequences of hoarding
are judged to be more severe when the individual hoards animals than when the
individual hoards objects only (Frost et al., 2000). This is hypothesized to be true
for the severity of health consequences that are both public and private in nature
(Frost, Steketee, & Tolin, 2011). A possible explanation for the increased sever-
ity of health consequences from animal hoarding is the nature of the hoarded
thing: hoarded animals create waste (e.g., excrement, shed fur, uneaten food)
that can create more hazardous living situations than would be caused by object
Social Responses to Animal Maltreatment Offenders: Neglect and Hoarding241
waste alone (e.g., used food containers, newspapers) (Castrodale et al., 2010;
Frost et al., 2000).
One possible refutation of the theory that animal hoarding has harsher conse-
quences than object hoarding is that most of the research on animal hoarding is
based on cases that are severe enough to have warranted the attention of govern-
mental authorities (Otto, 2012). Individuals who hoard animals but are able to
maintain sanitary conditions and do not neglect the animals, possibly through
the assistance of a third party, such as a spouse, are not likely to draw the atten-
tion of the police and so have gone unaccounted for in the current research avail-
able on animal hoarding. Without early intervention, these cases are likely to
develop signs of animal neglect and become more resistant to treatment.
Similarly, individuals who hoard animals may resist seeking treatment for fear
of legal consequences. There is also evidence to suggest that even once individu-
als who hoard animals have initiated treatment, whether voluntarily or by legal
requirement, they are frequently resistant to the intervention (Nathanson, 2009).
PSYC H O LO G I CA L AS S ES S M EN T O F A N I M A L H OA R D I N G
Although there are a growing number of validated measures for assessing HD,
there has not yet been a formal investigation of the best way to assess patients for
the criteria necessary to qualify them for the HD subtype of animal hoarding.
Therefore, the most empirically valid methodology to employ when determining
the appropriate diagnosis for a patient who may have the animal hoarding sub-
type of HD is to first evaluate if they meet criteria for HD and then to evaluate
the extent of the animal hoarding symptoms and any possible animal neglect.
Further, as with any psychological assessment, it is important to obtain infor-
mation from as many sources as possible, including a clinical interview with
the individual, visiting the individual’s home to objectively determine the living
conditions of both the individual and the animals, and information from friends
and family of the individual. An evaluator should also be mindful that the indi-
vidual might have cognitive impairment. In such cases it may be necessary for
the person to undergo a formal neuropsychological evaluation. Finally, although
some barriers to assessment, such as reluctance due to embarrassment or fear of
being prosecuted for animal neglect, may be unique to animal hoarding, other
potential obstacles to a proper evaluation of the client are more general, such as
time constraints or medical comorbidities.
When evaluating an individual who might have HD with or without the
animal hoarding subtype, there are a number of validated self-report and
clinician-administered measures from which to choose. It is important to note
that these measures were designed and validated for assessing object hoard-
ing. It is yet undetermined if these measures will be helpful in animal hoard-
ing situations where object hoarding may or may not be present. Self-report
measures for evaluating the cognition-related symptoms of HD include the
Saving Inventory-Revised (SI-R) scale (Frost, Steketee, & Grisham, 2004) and
242 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
the Hoarding Rating Scale (HRS; Tolin, Frost, & Steketee, 2010). The SI-R is a
23-item measure with three subscales: excessive acquisition, difficulty discard-
ing, and clutter. The SI-R has been well validated for assessing HD symptoms
in middle-aged adults (Frost et al., 2004). The HRS is widely used as a screen-
ing questionnaire but has not been well validated (Tolin et al., 2010). Although
the SI-R and the HRS are focused on the symptoms and impairment caused by
object hoarding, the cognitions about acquisition and difficulty re-homing of
animals are similar to the cognitions about objects held by individuals with HD
without the animal hoarding subtype. Clinicians may want to administer the
SI-R and the HRS twice in order to query for the symptoms and impairment
related to both object and animal hoarding.
The most efficient screening tool for in-person evaluations of HD is the
Clutter Image Rating (CIR) scale (Frost, Steketee, Tolin, & Renaud, 2008), a
self-report measure used primarily to evaluate the clutter levels of a patient’s
home. The CIR uses a series of pictures of increasing clutter levels for the three
main rooms of a house (kitchen, bedroom, and living room) and asks individu-
als to select the photos that most accurately reflect the amount of clutter in
their rooms. The CIR has proven to be both reliable and valid. Test-retest reli-
ability has been established through wait-list controls in treatment outcome
studies (Frost, Ruby, & Shuer, 2012; Muroff, Steketee, Himle, & Frost, 2010),
and internal consistency has been demonstrated repeatedly to be particularly
high, especially for a 3-item measure (αs ranging from 0.77 to 0.91; Dimauro,
Tolin, Frost, & Steketee, 2013; Tolin et al., 2010). Concurrent criterion validity
has been demonstrated by strong relationships between clinician and partici-
pant ratings of the participant’s home (DiMauro et al., 2013; Frost et al., 2008;
Tolin et al., 2010), and the CIR is able to discriminate between individuals
with and without compulsive hoarding (Gordon, Salkovskis, & Oldfield, 2013;
Grisham, Norberg, Williams, Certoma, & Kadib, 2010). The CIR is a useful tool
for establishing the level of clutter in the homes of animal hoarders, although
future research may yield an adjusted CIR that is designed to assess the types of
clutter found in the homes of animal hoarders (e.g., animal excrement, cages,
litter boxes) as well as the “clutter” caused by the animals themselves. In other
words, a measure could be used to depict what an excessive number of animals
in a home looks like.
The two most widely used clinician-administered measures for assessing
HD are the UCLA Hoarding Severity Scale (UHSS; Saxena, Ayers, Dozier, &
Maidment, 2015) and the Structured Interview for Hoarding Disorder (SIHD;
Nordsletten et al., 2013). Although the SIHD has been well-validated and was
designed to assess the DSM-5 criteria of HD (Nordsletten et al., 2013), the UHSS
has not yet been properly validated. The SIHD is an important tool for clinicians
to utilize in order to determine if individuals meet the criteria for the animal
hoarding subtype of HD or if the individuals are engaging in animal neglect
without a mental disorder as the primary contributing factor. As research into
the presentation of animal hoarding continues, it may be beneficial to add a spe-
cific animal hoarding subtype section to the SIHD.
Social Responses to Animal Maltreatment Offenders: Neglect and Hoarding243
I N T ERV EN T I O N S FO R A N I M A L H OA R D I N G
Third, individuals working for APS may not be aware of how to evaluate the
health of a relationship between an individual and their companion animal.
Because APS workers are not trained in discriminating functional and dys-
functional human-animal interactions, they may not know they need to report
a case, what information is needed, how to properly assess, where to report and,
more importantly, how to mend the relationship that may be damaged as result
of a report. Finally, APS may have conflicting objectives with animal humane
societies, wherein APS workers are more concerned with the welfare of humans
and humane society workers are more concerned with the welfare of animals.
Humane society workers may be unsure how to intervene if a hoarder refuses
help, particularly if APS or other human services personnel are not involved
in a case or unwilling to cooperate. Indeed, APS employees may be reluctant to
intervene in situations involving both self and animal neglect. Finally, it is also
possible that APS workers may be less likely to report cases of animal abuse, the
disclosure of which is not mandated in most jurisdictions, for fear of jeopardiz-
ing their therapeutic alliance with the individual or because of a lack of familiar-
ity with what constitutes reportable cruelty. These hypotheses about the lack of
governmental involvement in cases of animal neglect are not empirically proven
to be barriers to intervention; more research is needed to fully understand the
dearth of resources for identifying and assisting with cases of animal neglect
and potential animal hoarding. Ultimately, the best course of action is to iden-
tify cases of animal hoarding or general animal neglect early on, to differentiate
the two, and to help the individuals find the appropriate intervention to prevent
future cases of animal abuse.
Regardless of the specific barriers to appropriate intervention services for indi-
viduals who hoard animals, many communities are starting to realize that action
needs to be taken. One such solution is the creation of task forces composed of
government officials, animal welfare professionals, and mental health workers
(Patronek, Loar, & Nathanson, 2006). The interdisciplinary task force serves as a
way to moderate the response of the governmental authorities in order to allow
the animal protection services and mental health workers to be a more active
part of the intervention. This increases the cooperativeness of the individual and
decreases the chance of recidivism by increasing the likelihood of appropriately
identifying cases of animal hoarding and helping those individuals to receive
mental health interventions before legal actions are taken. Unfortunately, there
is currently no validated screening tool for parsing out cases of animal neglect
and cases of animal hoarding.
Psychotherapy
Reasons that research into effective treatment interventions for individuals who
hoard animals can be difficult to conduct may include the stigma associated
with animal hoarding and the low insight displayed by most of the afflicted indi-
viduals. Other barriers to research include the low priority placed on animal
Social Responses to Animal Maltreatment Offenders: Neglect and Hoarding245
online for animals to adopt, going for a week without driving to animal shel-
ters, taking stray animals to a shelter instead of to their home, actively refusing
animals that are offered to them); and (b) fear of relinquishing animals (e.g.,
giving them to friends or family, having a rescue group come to the home to
collect animals, dropping off animals at a shelter). When an individual’s fears
are based in reality (e.g., they are the only person who can care for the animal),
they should still undergo exposure exercise of those fears to help them realize
that the outcome is not catastrophic. A part of that includes thought exposures
to the realistic idea, such as that taking an animal to a shelter will lead to the
animal’s death. Exposures should start with the smallest fears (such as not
looking at craigslist and starting to re-home animals to friends and family)
and eventually continue in intensity until the patient is able to successfully
resist their greatest fears (such as not accepting animals as gifts and allow-
ing a shelter to take all of their current pets). Finally, the treatment interven-
tion should conclude with one to two sessions about maintenance and relapse
prevention.
A successful intervention could result in two possible outcomes, depending
on the needs of the individual. For some individuals, only total abstinence of
pet ownership will allow them to maintain a non-hoarded household. However,
other individuals who hoard animals may be able to successfully maintain a small
number of pets without digressing into their previous animal hoarding behav-
iors, similar to alcoholics who are able to control their drinking. However, these
situations are purely theoretical and no such outcomes have yet been observed.
In the second situation, an individual should be able to demonstrate their ability
to maintain a pet-free household for a pre-established period of time, such as six
months or a year, before reintroducing animals into their household. This would
help the individuals to establish their sense of identity without pets. In an ideal
scenario, the mental health clinician would be able to conduct this intervention
slowly, without a large-scale removal of the animals before the individual is ready,
but the suffering of the animals in his or her custody may make this impossible.
Mental health clinicians should work with local humane societies to maximize
the well-being of the animals during the intervention while also emphasizing
the need to allow the individual to dictate the pace of the re-homing of the pets
when possible.
Unfortunately, as with all mental disorders, the patient must have a degree of
insight into their problem for therapeutic progress to take place, and patients
who are resistant to enter therapy may not respond to the same methods as
more agreeable clients. This further emphasizes the importance of beginning
all interventions for animal hoarding with one to two sessions of motivational
interviewing, which will help patients to better identify their goals. For example,
if an individual’s value is taking care of animals and their goal is to save ani-
mals, the clinician can discuss whether their current lifestyle is providing the
optimal level of care to their pets or if their pets would be better served in a
non-hoarded household. More research needs to be done on the effect of edu-
cating animal hoarders on the ramifications of their behaviors. Because those
Social Responses to Animal Maltreatment Offenders: Neglect and Hoarding247
who hoard animals tend to report that they feel as though they are saving the
animals they acquire and wish to keep the animals because they feel responsible
for them, it may be beneficial to begin all animal hoarding interventions with
a session that is entirely devoted to education on animal welfare and how their
current behaviors may actually be hurting the animals they desire to help. This
would include answering questions about the welfare of the animals in alter-
native environments, such as what happens to animals that may be euthanized
because of health issues or lack of homes, and a discussion of how part of the
intervention will be problem solving alternative solutions (e.g., re-homing pets
through rescue groups or taking animals to no-kill shelters and crowd funding
for pets’ health care needs).
Competency for Animal Care
Although legal guidelines are not always up to date with current mental health
findings and recommendations, it is important for clinicians and animal activ-
ists to consider the long-term goals for patient care. One theoretical issue to con-
sider in the context of animal hoarding is that of competency. In the future,
an alternative to immediately pursing legal action towards individuals who are
displaying signs of animal hoarding is to determine if the individual is compe-
tent to care for any animals. This may be especially important for older adults
who may have had a change in their cognitive status that affected their ability to
care for animals. Thus, cases of animal neglect may be neither cases of animal
hoarding nor willful neglect but may instead be caused by incidental neglect of
animals as a result of an impairment or disability on the part of the owner that
limits their ability to appropriately care for the animal. Before prosecuting the
individual for animal neglect or cruelty, it is important to establish the cause of
the individual’s behaviors. The level of executive functioning required to com-
petently care for animals may be similar to that required for medical decision
making (Appelbaum, 2007) and child care (Budd, 2001). Assessing individuals
for animal care competency would help to distinguish between individuals who
are willfully neglecting their animals, individuals who suffer from a mental dis-
order (i.e., animal hoarding), and individuals who cannot care for their animals
because of cognitive issues.
C O N C LU S I O N
Although there has been an increased interest in hoarding in the media and
as demonstrated by the addition of HD to the DSM-5, there have been no
large characterization studies of individuals meeting the DSM-5 criteria for
the animal hoarding subtype of hoarding disorder. What is known gener-
ally comes from case studies in which the criteria used for the diagnosis
of animal hoarding, and its distinction from animal neglect, are unclear.
248 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
R EFER EN C ES
Frost, R. O., Ruby, D., & Shuer, L. J. (2012). The buried in treasures workshop: Waitlist
control trial of facilitated support groups for hoarding. Behaviour Research and
Therapy, 50, 661–667.
Frost, R. O., Steketee, G. and Grisham, J. (2004). Measurement of compulsive hoard-
ing: saving inventory-revised. Behavior Research and Therapy, 42, 1163–1182.
Frost, R. O., Steketee, G., & Tolin, D. F. (2011). Comorbidity in hoarding disorder.
Depression and Anxiety, 28, 876–884.
Frost, R. O., Steketee, G., & Williams, L. (2000). Hoarding: A community health prob-
lem. Health and Social Care in the Community, 8, 229–234.
Frost, R. O., Steketee, G., Tolin, D. F., & Renaud, S. (2008). Development and validation
of the clutter image rating. Journal of Psychopathology and Behavioral Assessment,
30, 193–203.
Grisham, J. R., Norberg, M. M., Williams, A. D., Certoma, S. P., & Kadib, R. (2010).
Categorization and cognitive deficits in compulsive hoarding. Behaviour Research
and Therapy, 48, 866–872.
Gordon, O. M., Salkovskis, P. M., & Oldfield, V. B. (2013). Beliefs and experiences in
hoarding. Journal of Anxiety Disorders, 27, 328–339.
Hartl, T. L., Duffancy, S. R., Allen, G. J., Stekegee, G., & Frost, R. O. (2005). Relationships
among compulsive hoarding, trauma, and attention-deficit/hyperactivity disorder.
Behaviour Research and Therapy, 43, 269–276.
Haw. Rev. Stat. § 711-1109.6: Hawaii Statutes—Section 711-1109.6: Animal hoarding.
Hoarding of Animals Research Consortium (HARC). (2000). People who hoard ani-
mals. Psychiatric Times, 17, 25–29.
Hoarding of Animals Research Consortium (HARC). (2002). Health implications of
animal hoarding. Health Soc Work, 27, 126–136.
Landau, D., Iervolino, A. C., Pertusa, A., Santo, S., Singh, S., & Mataix-Cols, D. (2011).
Stressful life events and material deprivation in hoarding disorder. Journal of
Anxiety Disorders, 25, 192–202.
Lockwood, R. (1994). The psychology of animal collectors. American Animal Hospital
Association Trends, 9, 18–21.
Loftus, E. F. (1975). Leading questions and the eyewitness report. Cognitive Psychology,
7, 560–572.
Loftus, E. F. (1993). The reality of repressed memories. American Psychologist, 48,
518–537.
Massachusetts Law (n.d.). Cruelty to Animals statute, Chapter 272, Section 77.
Retrieved from http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/
Chapter272
Massachusetts Law (n.d.). Protection and Care of Children and the Proceedings
Against Them. Chapter 119. Retrieved from http://www.malegislature.gov/Laws/
GeneralLaws/PartI/TitleXVII/Chapter119
Mueller, A., Michell, J. E., Crosby, R. D., Glaesmer, H., & de Zwaan, M. (2009).The
prevalence of compulsive hoarding and its association with compulsive buying in
a German population-based sample. Behavior Research and Therapy, 47, 705–709.
Muroff, J., Steketee, G., Himle, J., & Frost, R. (2010). Delivery of internet treatment for
compulsive hoarding (D.I.T.C.H.). Behaviour Research and Therapy, 48, 79–85.
Nathanson, J. N. (2009). Animal hoarding: Slipping into the darkness of comorbid
animal and self-neglect. Journal of Elder Abuse & Neglect, 21, 307–324.
250 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Nordsletten, A. E., Fernández de la Cruz, L., Pertusa, A., Reichenberg, A., Hatch,
S. L., & Mataix-Cols, D. (2013). The Structured Interview for Hoarding Disorder
(SIHD): Development, usage and further validation. Journal of Obsessive-Compulsive
and Related Disorders, 2, 346–350.
Otto, S. K., & Animal Legal Defense Fund. (2012). Animal protection laws of
the United States and Canada (6th ed.). Retrieved from http://aldf.org/article.
php?id=259
Patronek, G. J. (1999). Hoarding of animals: An under-recognized public health prob-
lem in a difficult-to-study population. Public Health Reports, 114, 81–87.
Patronek, G. J., Loar, L., & Nathanson, J. N. (Eds.). (2006). Animal hoarding: Structuring
interdisciplinary responses to people, animals, and communities at risk. Boston,
MA: Hoarding of Animals Research Consortium.
Patronek, G. J., & Nathanson, J. N. (2009). A theoretical perspective to inform assess-
ment and treatment strategies for animal hoarders. Clinical Psychology Review, 29,
274–281.
Rasmussen, J. L., Steketee, G., Frost, R. O., Tolin, D. F., & Brown, T. A. (2014). Assessing
squalor in hoarding: The Home Environment Index. Community Mental Health
Journal, 50, 591–596.
Reinisch, A. I. (2008) Understanding the human aspects of animal hoarding. Canadian
Veterinary Journal, 49, 1211–1214.
Samuels, J. F., Bienvenu, O. J., Grados, M. A., Cullen, B., Riddle, M. A., Liang, K-Y.,
Eaton, W. W., & Nestadt, G. (2008). Prevalence and correlates of hoarding behavior
in a community-based sample. Behaviour Research and Therapy, 46, 836–844.
Saxena, S. S., Ayers, C. R., Dozier, M. E., & Maidment, K. M. (2015). The UCLA
Hoarding Severity Scale: Development and Validation. Journal of Affective Disorders,
175, 488–493.
Saxena, S., Maidment, K. M., Vapnik, T., Golden, G., Rishwain, T., Rosen, R. M., Tarlow,
G., & Bystritsky, A. (2002). Obsessive-compulsive hoarding: Symptom severity and
response to multimodal treatment. Journal of Clinical Psychiatry, 63, 21–27.
Steketee, G., & Frost, R. O. (2007). Compulsive hoarding and acquiring: Therapist guide.
New York: Oxford University Press.
Seedat, S., & Stein, D. J. (2002). Hoarding in obsessive-compulsive disorder and related
disorders: A preliminary report of 15 cases. Psychiatry and Clinical Neurosciences,
56, 17–23.
Steketee, G., Gibson, A., Frost, R., Alabiso, J., Arluke, A., & Patronek, G. (2011).
Characteristics and antecedents of people who hoarding animals: An exploratory
comparative interview study. Review of General Psychology, 15, 114–124.
Tolin, D. F., Meunier, S. A., Frost, R. O., & Steketee, G. (2010). Course of compulsive
hoarding and its relationship to life events. Depression and Anxiety, 27, 829–838.
Worth, D., & Beck, A. M. (1981). Multiple animal ownership in New York City.
Transactions and Studies of the College of Physicians of Philadelphia, 3, 280–300.
9
LISA LUNGHOFER ■
Over the past century, significant changes have occurred in the social accept-
ability of abusing one’s spouse or children. Once legally sanctioned behaviors
are now illegal, and social service systems have been developed to protect vul-
nerable women and children. The evolution of social responses to animal abuse
has not been as rapid; indeed, much work remains to be done. Key questions
are: What can we learn from social responses to spousal and child abuse that
can inform efforts to promote the humane treatment of human and non-human
animals alike? How have differences in the evolution of responses to each of
these social problems resulted in different outcomes? What lessons can we draw
from these comparisons that will facilitate improvements in social responses to
animal abuse?
Key elements of the evolution of social responses to child abuse and domes-
tic violence include involvement of the federal government, systematic col-
lection and use of data to address the issues, implementation of policies and
practices across systems that hold perpetrators accountable, and development
of evidence-based psychological interventions. As such, they provide an impor-
tant lens with which to examine social responses to animal abuse, and consider
policy and practice alternatives to improve those responses.
This chapter begins with an analysis of these important questions and then
moves on to discuss research on animal abuse in the context of families and in
the lives of children, legislation to address the issue, and intervention models.
The chapter concludes with a proposed research agenda, which includes discus-
sion of the challenges to evaluating treatment models and key questions that
252 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
must be answered about the scope of the problem of animal abuse and the effects
of policy and practice to address it.
SO C I A L R ES P O N S ES TO C H I L D M A LT R E AT M EN T
The animal welfare and child welfare movements have common origins. In 1866,
Henry Bergh founded the American Society for the Prevention of Cruelty to
Animals (ASPCA). He convinced the New York legislature to pass an anti-cruelty
law and give the newly founded Society the authority to enforce it. Bergh’s
ASPCA provided a model for communities across the country to form similar
anti-cruelty organizations.
Bergh’s work did not end with animals; he also played a pivotal role in raising
awareness of child maltreatment. In 1874, neighbors noted the apparent abuse
of a young girl named Mary Ellen Wilson. Although laws prohibiting excessive
physical discipline of children did exist in some jurisdictions and New York had
a law that allowed for removal of a child who was suffering from neglect, city offi-
cials did not intervene. It was not until a caring neighbor was urged to appeal for
Mary Ellen’s safety to Bergh that the case was taken to court, and Mary Ellen’s
mother was found guilty of assault. As a result of this pivotal case, the New York
Society for the Prevention of Cruelty to Children was incorporated in 1875.
In 1877, representatives of 27 anti-cruelty organizations from 10 states came
together to found the American Humane Association, which initially was dedi-
cated to ensuring humane treatment for working animals and livestock in tran-
sit. The following year, child welfare was added to the Association’s agenda. For
the next 85 years, private charitable institutions were the primary providers of
protection for children, which typically involved placement in a shelter that pro-
vided care for basic physical needs.
It was not until the 1960s that the federal government became involved with
child welfare. As a result of the publication of pediatrician Henry Kempe’s article
“The Battered Child Syndrome” (Kempe et al., 1962), the issue of child maltreat-
ment received unprecedented national media attention. Policy-makers, schol-
ars, and the public became increasingly concerned about child maltreatment.
Research on child abuse and neglect began in earnest and the issue began to
be included in medical school curricula. In 1962, Congress amended the Social
Security Act to include Child Protective Services and mandated that states make
child welfare services available. As a result, the government played an increas-
ingly important role in child welfare, and by 1967 all states had child maltreat-
ment reporting laws.
In 1974, the first major federal legislation addressing child maltreatment was
passed, which fundamentally changed—and over the past 40 years has pro-
moted the evolution of—social responses to child abuse and neglect. The Child
Abuse Prevention and Treatment Act (CAPTA) (Public Law 93-247), which
was amended several times and reauthorized in 2010, provides federal fund-
ing to states in support of prevention, assessment, investigation, prosecution,
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse253
and treatment services; provides grants to public agencies and nonprofit orga-
nizations, including Indian tribes and tribal organizations, for demonstration
projects; specifies the federal role in supporting research, evaluation, techni-
cal assistance, and data collection; establishes the Office on Child Abuse and
Neglect; mandates the Child Welfare Information Gateway; and provides a min-
imum definition of child abuse and neglect (Child Welfare Information Gateway,
2011). The financial and other resources provided as a result of CAPTA have
played a critical role in the development of policy and practice to address child
maltreatment.
“CAPTA and the work that it has engendered are understood best in the
context of politics, cultural events, and societal changes. Over four decades,
CAPTA has progressed from responding primarily to the occurrence and
effects of child maltreatment to focusing more on risk, protection, and pre-
vention. This evolution has included broad recognition of the need for a
multidisciplinary approach and development of vital cross-system part-
nerships.” (National Child Abuse and Neglect Training and Publications
Project, 2014, p. iii)
new mental health treatment programs for children and families (Finkelhor &
Jones, 2006). As discussed later, these factors—including the availability of data
to track progress over time—are equally salient to efforts to address animal abuse.
SO C I A L R ES P O N S ES TO D O M EST I C V I O L EN C E
C H I L D W EL FA R E, D O M EST I C V I O L EN C E, A N D A N I M A L
A B U S E: W H AT CA N W E L E A R N FR O M S I M I L A R I T I ES
A N D D I FFER EN C ES I N SO C I A L R ES P O N S ES?
involvement with child welfare and domestic violence that led to improve-
ments in social responses.
The absence of a federal role in the collection of data on animal abuse is another
important difference between the evolution to date of social and legal responses
to animal abuse and violence directed at women and children. As discussed ear-
lier, as the federal government became more involved with domestic violence
and child welfare, data collection systems were developed to promote a better
understanding of the scope of those problems and track progress in addressing
them. Representative, national-level data on animal abuse, on the other hand,
are nonexistent.
There currently is no systematic process to collect and track animal cruelty
data. Each jurisdiction handles enforcement of animal cruelty laws differently,
with enforcement provided by local police, sheriffs, humane law enforcement, and
animal control officers. Because animal cruelty crimes have not been included
as a separate category in the FBI’s Uniform Crime Report (UCR) or National
Incident-based Reporting System (NIBRS), these crimes have not been tracked
at the local level. NIBRS was developed in the 1980s to provide detailed informa-
tion on each incident reported to police, including characteristics of victim(s)
and offender(s), the relationship between the victim and offender, crimes com-
mitted, injuries at the incident scene, weapons used, arrests made, and incident
location (U.S. Department of Justice, Federal Bureau of Investigation, 2004). The
crime statistics generated by the UCR and NIBRS are a critical source of infor-
mation that lawmakers and law enforcement use to make decisions about both
policy and practice. In the absence of statistics on animal abuse, there are no
data on the scope of the problem, correlates or the effectiveness of strategies to
prevent or reduce animal cruelty.
Efforts have been underway for several years to address this issue by including
animal abuse in the UCR. In June 2014, a key internal FBI committee respon-
sible for proposing changes to the UCR program rules unanimously passed two
resolutions that amend the UCR program to expand its scope to include crimes
against animals. In September 2014, the director of the FBI approved the change,
and animal cruelty data will—for the first time—begin to be collected systemati-
cally in January 2016 (Manning, 2014).
Several challenges are common to the criminal justice system response to animal
abuse and domestic violence. These include the likelihood that defendants will
be charged with misdemeanors rather than felonies, the low priority assigned
to these cases by the criminal justice system, failure to take the cases seriously,
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse257
One of the most important aspects of the evolution of social responses to child
maltreatment and domestic violence is the increased emphasis on both issues
as community as opposed to private or individual problems. With recogni-
tion of these issues as community problems came growing awareness that it
was unlikely that a single organization or system could intervene effectively.
Successfully addressing child maltreatment and domestic violence requires a
multidisciplinary approach that involves diverse professionals working together.
It also involves recognition that these issues often co-occur. As a result, coor-
dinated responses to both domestic violence and child maltreatment have been
developed. The coordinated response seeks to engage police, prosecutors, judges,
probation officers, social workers, advocates, and mental health professionals in
developing and implementing interagency protocols that improve responses to
family violence.
Development and implementation of such coordinated responses was spurred
by the National Council of Juvenile and Family Court Judges in collaboration
with a group of experts on child maltreatment and domestic violence. Together
they developed Effective Intervention in Domestic Violence & Child Maltreatment
Cases: Guidelines for Policy and Practice—also known as “the Greenbook”
(Schechter & Edleson, 1999). Published in 1999, the Greenbook offers a com-
prehensive set of recommendations designed to help dependency courts and
child welfare and domestic violence agencies better serve families experienc-
ing violence. Following publication, federal and private partners came together
to support a multi-site demonstration project in which child welfare agencies,
community-based domestic violence providers, and dependency courts worked
together to implement the Greenbook recommendations in collaboration with
law enforcement, probation and parole, prosecutors, health care providers, chil-
dren’s advocates, mental health providers, domestic violence survivors, and other
community-based groups. The Greenbook continues to serve as a road map for
interagency collaboration to protect vulnerable children and families (National
Council of Juvenile and Family Court Judges, n.d.).
As discussed later in this chapter, although some strides have been made, this
type of coordinated effort is largely lacking in response to animal abuse. This is
particularly true with respect to enforcing animal cruelty laws and prosecuting
animal abuse offenders, which is important because people who abuse animals
are unlikely to participate in treatment voluntarily. Intervening with people who
258 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
A N I M A L A B U S E: A G R OW I N G B O DY O F K N OW L ED G E
During the 1990s, interest in animal abuse began to grow in fields outside of ani-
mal welfare. Interest was spurred by development of a body of research indicating
that animal abuse is related to other violent and antisocial behavior. A number
of studies have focused on animal abuse in the context of family violence and
animal abuse witnessed and perpetrated by children.
domestic violence reported that their children had abused an animal (Gullone
et al., 2004). Currie (2006) also found that children who had been exposed to
domestic violence were nearly three times more likely to engage in animal abuse
than children in a matched comparison group who had not been exposed to
domestic violence.
Studies since the addition of animal cruelty to the DSM criteria for conduct
disorder suggest that animal abuse is related to a constellation of violent and
antisocial behaviors, including bullying (Gullone & Robertson, 2008; Henry
& Sanders, 2007) and juvenile delinquency (Henry, 2004). Animal abuse has
been found to appear early in the development of conduct disorder—even ear-
lier than symptoms such as bullying and fire setting—and thus may be a criti-
cal indicator of children’s risk for delinquency (Frick et al., 1993; Miller, 2001).
A meta-analysis of 60 studies found that animal abuse could be used to discrimi-
nate between children with severe and mild conduct problems (Frick et al., 1993).
Given the prevalence of conduct disorder among adjudicated adolescents (Teplin
et al., 2002) and the link between childhood animal cruelty and aggressive and
violent interpersonal behavior in adulthood (Arluke et al., 1999; Ascione, 1992,
2001; Felthous & Kellert, 1987; Flynn, 1999; Gleyzer et al., 2002; Lockwood &
Hodge, 1986), early identification and intervention with young animal abusers
may be critical to preventing future delinquency and violence.
L EG I S L AT I O N
Cross-Reporting Laws
Mandated reporting laws exist for all forms of family violence, including abuse
of children, spouses/intimate partners, elders, and animals. These laws vary,
however, by state, mandated reporter, and type of abuse required to be reported.
For example, in response to the federal Child Abuse and Treatment Act and in
order to qualify for federal funding under the Act, all 50 states passed man-
datory child abuse and neglect reporting laws (National Conference of State
Legislatures, 2014). All states require certain professionals to report sus-
pected child abuse, and some states require “any person” to report (Randour
& Davidson, 2008). Laws regarding mandated reporting of elder and intimate
partner abuse vary more widely by state (U.S. Department of Health and
Humane Services, National Center on Elder Abuse, Administration on Aging,
n.d.). Until recently, veterinarians were the only mandated reporters of ani-
mal abuse, and only in some states (American Veterinary Medical Association,
2014). In recognition of co-occurring maltreatment of animals, children and
adults within the family, some states have instituted cross-reporting mandates
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse261
Pets in Protection Orders
that includes provisions for pets in domestic violence protection orders (Wisch,
2014a). Awareness of women’s concerns about the safety of their pets has led
domestic violence shelter staff to recognize that lack of a safe place for pets may
be a barrier to leaving an abusive home. As a result, some domestic violence shel-
ters offer safe haven programs that provide shelter for companion animals either
on-site or in collaboration with local animal welfare organizations. The Animal
Welfare Institute’s Safe Havens Mapping Project for Pets of Domestic Violence
Victims is working to create a comprehensive state-by-state list of sheltering ser-
vices available for companion animals who are at risk due to domestic violence
(n.d.). These safe havens operate using a variety of models. Some place animals
in foster homes while others rely on humane societies or veterinarians to provide
temporary placement for pets.
Recognizing that some victims of abuse would not consider entering a shel-
ter without their pets, attorney and animal advocate Allie Phillips created the
Sheltering Animals and Families Together (SAF-T) program, which provides
domestic violence shelters with specific guidance on how to house families
together with their pets (Phillips, 2012). The SAF-T Start-Up Manual describes
three housing options designed to safely house pets on-site at a domestic violence
shelter: (a) housing pets in the resident’s room, (b) housing pets in a separate
room that can accommodate individual crates, and (c) housing pets in a secure
and sheltered outdoor kennel.
As of November 2014, 34 states have laws prohibiting bestiality, with half cat-
egorizing these crimes as misdemeanors and half categorizing them as felonies.
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse263
In states that do not have laws prohibiting bestiality, the act may be addressed
in child protection or obscenity laws (Wisch, 2014b). Historically, sexual abuse
of animals was prohibited under sodomy or “crimes against nature” laws.
More recently, states have begun to include bestiality in animal cruelty codes.
Recognizing the diversity and reach of media, some states have included provi-
sions that prohibit the photographing or filming of sexual acts with animals.
Oregon and California statutes refer to the “sexual assault of an animal,” raising
the question of an animal’s ability to consent to sexual acts and the possibility
of offenders’ names being included in sexual assault registries (Wisch, 2014b). In
fact, as of August 2014, a conviction for committing bestiality or forcing another
person to commit the act triggers sex offender registration in 26 states (National
District Attorneys Association, National Center for Prosecution of Child Abuse,
2014). In addition, bestiality is almost universally included in the definition of
child pornography, which also triggers sex offender registration.
As studies documenting the relationship between animal abuse and other types
of antisocial behavior became more well known in the late 1990s, states began
to enact laws allowing judges to order psychological evaluation and counsel-
ing for people convicted of animal abuse. The AniCare assessment and treat-
ment approach, which is discussed in more detail later, was published in 1999 in
response to the first law, which was passed in California, that allowed courts to
order counseling (Jory & Randour, 1999). It was developed under the auspices
of the Psychologists for the Ethical Treatment of Animals (PSYETA), an orga-
nization dedicated to reducing animal suffering and abuse, which recognized
the lack of any psychological treatment approach tailored to people who abuse
animals.
As Chapter 2 indicates, approximately one-half of states have laws authorizing
or requiring psychological evaluations of individuals convicted of certain forms
of animal abuse, and more than half have laws authorizing or requiring coun-
seling for those convicted of certain forms of animal abuse. Very few have laws
regarding both psychological evaluation and counseling for adults and juveniles.
More have laws regarding evaluation and counseling for adults, though most are
discretionary. Despite evidence that suggests animal abuse may be an indicator
of other problems for youth, only a few states have laws regarding evaluation and
counseling for juveniles. Evaluation and counseling are mandatory in only two
of these states, Nevada and New Mexico.
Although progress has been made in passing laws regarding evaluation
and counseling for people convicted of animal abuse, much work remains to
be done. In states where evaluation and counseling are either mandatory or
discretionary, there is little information about the evaluation or counseling
to which people convicted of animal abuse are actually referred. Given that
264 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
many of these laws have been passed relatively recently, many judges may be
unfamiliar with them. The discretionary nature of the majority of these laws
leaves open the possibility of inconsistent interpretation and implementation.
Judges’ lack of awareness coupled with the lack of available treatment options
specifically related to animal abuse reduce the likelihood that an evaluation
will be conducted and counseling will be offered if it is determined to be
needed.
There are also important empirical questions to be answered regarding the
circumstances under which counseling is appropriate. There currently is no evi-
dence of the effectiveness—or ineffectiveness—of interventions for people who
have abused animals. Research questions that must be answered include: For
whom and in what types of cases is counseling effective? Are there people for
whom or types of cases in which counseling is not advisable because it is likely
to be ineffective? If so, what are the characteristics of those cases? Are juveniles
more likely to benefit from counseling than adults? How does a therapist deter-
mine when a client who has abused animals has successfully completed treat-
ment? On what basis does a therapist determine that a person who has abused
animals is unlikely to be safe around animals and should be required to forfeit
them? Answering these questions should be part of a comprehensive research
agenda to better understand and more effectively address animal abuse.
Despite growing awareness of the relationship between animal abuse and other
forms of antisocial behavior, few clinical interventions exist that are designed
specifically to treat people who have abused animals. In fact, there are cur-
rently only two interventions in the United States specifically for people who
have abused animals and, for the reasons that will be described, neither has been
evaluated. AniCare is a psychological treatment model that includes separate
approaches for clinicians working with adults and children (Jory & Randour,
1999; Shapiro et al., 2014). Children and Animals Together (CAT) Assessment
and Diversion program is a psycho-education program, which draws on AniCare
Child (Risley-Curtiss, n.d.). Other intervention models include the Animal
Welfare Court in Tucson, Arizona, which also draws on AniCare Adult, and pre-
vention programs such as Project POOCH, Project Second Chance, and Lifetime
Bonds that focus on high-risk youth who have likely been exposed (at least as a
witness) to animal cruelty.
Bestiality
It must be noted that the interventions discussed here are intended for people
who have witnessed or perpetrated animal cruelty, but not necessarily for people
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse265
who have engaged in bestiality or the sexual abuse of animals. The sexual abuse
of animals remains a taboo subject on which there is little data. What happens to
perpetrators remains largely if not completely unknown.
Jenny Edwards of Chandler Edwards, an organization that provides assistance
and training for law enforcement officers, prosecutors, veterinarians, mental
health professionals, and academics on animal sexual assault cases, explains,
“Because we know so little about bestiality, or its impact on animal victims, there
are few resources available for animal welfare, mental health, veterinary1, or legal
professionals. There are no diagnostic or treatment protocols to assist mental or
medical professionals when encountering a human who prefers sexual contact
with animals to sexual contact with other humans” (personal communication,
March 2014).
The most recent edition of the Diagnostic and Statistical Manual ([DSM-5],
American Psychiatric Association, 2013) classifies bestiality as a paraphelia, a
sexual feeling or behavior that may involve sexual partners that are not human,
have not consented to sexual relations, or that involve suffering by one or both
partners. Referred to as zoophilia in the DSM-5, it is listed as a paraphelia “not
otherwise specified” and, as with other paraphelias, treatment is not recom-
mended unless it interferes with the individual’s normal functioning or other-
wise causes distress. Zoophilia is typically associated with other paraphelias,
and when treatment is indicated, protocols may follow interventions for other
paraphelias.
Treatment options specifically for zoophilia include cognitive therapy, aver-
sion therapy, and drug regimens (LeVay, Baldwin, & Baldwin, 2012). Cerrone
(1991) advocated a multicomponent approach to treating zoophilia that involves
social assertiveness training, sex education, and frequently family therapy as
well. Miletski (2001) advised therapists to explore zoophile clients’ history of
childhood victimization and also assess for anxiety, depression, social isolation,
and suicidal ideation.
“The framework suggests that individuals with major mental illnesses (e.g.,
major affective disorders, psychosis, and organic brain damage) require
psychopharmaceutical and/or residential treatment. Those with sub-
stance abuse disorders generally require treatment for that problem first.
Dogfighting is a form of abuse that often has a strong subcultural com-
ponent, which may make it less susceptible to therapeutic intervention,
although values clarification or induced empathic experience of the suffer-
ing of abused animals may be effective. People who are involved with animal
abuse in the context of commercial ventures may not require psychologi-
cal intervention. On the other end of the spectrum, for single instances of
abuse and milder forms of abuse—particularly by juveniles—education,
psycho-education, a group-based diversion program, and/or parental guid-
ance may be sufficient, rather than psychotherapy” (Shapiro et al., 2013).
The co-occurrence of substance abuse and animal abuse may warrant special
attention. For example, Vaughn and colleagues (2009) found that individuals
who reported having been cruel to animals frequently suffered from lifetime
alcohol abuse. Using a sample of 150 men arrested for animal maltreatment,
Levitt (2011) found that 38% were intoxicated at the time of arrest. Moreover,
there was a significant relationship between substance abuse and physical abuse
of animals; at least 64% of those who had beat or otherwise physically abused
an animal had a history of substance abuse. As such, screening for substance
abuse should be part of a comprehensive assessment of people who have abused
animals. Conversely, screening for animal abuse should be considered when
conducting substance abuse screening. Similarly, research on the relationship
between family violence and animal abuse suggests that animal abuse should be
included in domestic violence assessments, and vice versa.
To date, assessment of children’s relationships with animals has received
much greater attention than assessment of adults’ relationships with animals.
A number of tools have been developed to assess children’s treatment of animals.
These are reviewed in Chapter 11 of this volume. Those instruments address a
range of factors that should be considered in assessing a child who has abused an
animal, including severity (e.g., degree of injury, frequency, duration, number of
species), culpability (e.g., degree of planning, acted alone versus in a group, over-
came obstacles in order to engage in abuse), motivation (e.g., curiosity, fear of
animal, peer pressure, pleasure from inflicting pain, sexual arousal), attitudes/
beliefs (e.g., unaware of needs of animals, following cultural practices, beliefs
about appropriate ways in which to discipline animals), emotional intelligence
(e.g., level of empathy, ability to express feelings, ability to form relationships),
family history (e.g., history of physical/sexual abuse, domestic violence, neglect,
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse267
AniCare
The AniCare Model of Treatment for Animal Abuse is the first professionally
developed psychological intervention program for animal abusers over the age of
17. It was originally adapted from Intimate Justice Theory, which was developed
for clinical intervention with perpetrators of domestic violence (Jory, 1998; Jory
& Anderson, 1999). Based on a cognitive-behavioral treatment model, AniCare
Adult was developed as an approach that mental health professionals could inte-
grate into their practice, adapting it to individual therapist’s clinical approaches
and the needs of their clients.
268 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
Societal/Cultural
Views of Animals
Legislation/Policy
Law Enforcement
Justice System
animals must promote the adoption of legislation that values animals and man-
dates legal consequences for those who violate animal cruelty statutes. Next, law
enforcement must be knowledgeable of those statutes and committed to enforc-
ing them. Law enforcement must also be adept at collecting the evidence a pros-
ecutor requires to prosecute an animal abuse case. Prosecutors then must be
committed and have the resources to successfully prosecute the case. Assuming
the case is prosecuted and a conviction is won, the judge must be aware of the
psychological assessment and counseling laws in his or her jurisdiction, the
importance of intervening, and the availability of trained therapists with exper-
tise in treating people who have abused animals. Not surprisingly, referrals to
treatment are made in very few cases.
Initially, dissemination of the AniCare model focused on AniCare-certified
trainers conducting workshops across the country to train clinicians to integrate
the approach into their practice. While initial feedback from the mental health
professionals who attended the workshops was excellent, longer-term follow up
revealed that clinicians were not using the model, mainly because animal abuse
cases were not being referred to them.
Based on the lack of cases being referred to AniCare-trained therapists, the
Animals and Society Institute (the organization under the auspices of which
the AniCare approach was developed) decided to focus on the “demand” for
therapists to treat people who had abused animals. Using Figure 9.1 as a start-
ing point, a conceptual framework (see Figure 9.2) was developed that shows the
continuum and diversity of factors and stakeholders that must align in order
for a person, particularly an adult, to receive treatment as a result of abusing an
animal. The framework allowed for identification of key barriers and challenges,
and strategies to address them.
Considering the model from left to right, one of the first challenges identified
was a lack of awareness about the relationship between animal abuse and other
antisocial behavior among professionals from a variety of disciplines. As a result,
opportunities are regularly missed to ask questions about exposure to animal
abuse as a witness or a perpetrator. For example, a national study of social work
practitioners found that only 33% of social workers asked about animal abuse in
the course of their client assessments, and 69.7% reported they knew little about
treating clients who abuse animals (Risley-Curtiss et al., 2010). Similarly, despite
Identification Intervention
Short-term
Outcomes
• Self-report
• Development • Educate of change
of and • Strengthen judges • Therapist
• Development (evaluation assessment
training on laws
of and and
Link cross- • Train Recruit,
training on counseling
training for reporting prosecutors train, and
assessments laws,
all policies and police retain
Long-term
• Policies on intervention
Outcome
stakeholder • Ongoing on best therapists
use of options)
groups oversight practices Recidivism
assessments
Inputs
the research findings on the relationship between animal abuse and family vio-
lence, many domestic violence hotlines and shelters do not ask regularly about
pets. Asking children who have been exposed to domestic violence about their
experiences with animal abuse, as either a witness or a perpetrator, provides a
critical opportunity to intervene.
In the absence of standardized assessment and cross-reporting protocols, get-
ting caught breaking a law is the most likely route by which an adult will receive
treatment. Law enforcement officers, however, are often ill-equipped to enforce
animal cruelty laws, particularly in jurisdictions in which the laws are in agri-
cultural statutes instead of the penal code. Even if law enforcement officers know
the laws, they can only enforce the laws that exist. Most violations of animal cru-
elty laws are misdemeanors, which typically result in no more than a “slap on the
wrist” of the offender. It is unlikely that such cases will result in a judge ordering
a defendant to receive assessment and treatment.
Another challenge is that prosecutors may decide not to prosecute cases. The
Animal Legal Defense Fund (2014) suggests several reasons that prosecutors
may be reluctant to pursue charges. First, some jurisdictions simply have more
cases than they have the resources to prosecute. In these situations, prosecu-
tors are more likely to take cases they are confident they can win. In some cases
prosecutors may not feel passionately about animals and choose not to pursue
those cases. Other prosecutors may simply be unsure about prosecuting an ani-
mal abuse case. Finally, if law enforcement officers are not skilled at gathering
evidence in animal abuse cases, prosecutors may not have sufficient evidence to
successfully prosecute a case.
As discussed earlier, judges are critical to ensuring that people, particularly
adults, who abuse animals are referred to treatment. Judges must be aware of
their mandate or discretionary power to order psychological evaluations and
counseling, and have access to clinicians who are skilled in treating people who
have abused animals.
Clearly, as shown in Figure 9.2, all stakeholders on the continuum need to
be informed, committed, and have resources to respond to animal abuse cases.
While legislation and policy are important starting points, professionals from
a range of disciplines must be prepared and willing to act to ensure that people
who abuse animals are identified, held accountable, and participate in inter-
ventions that decrease the likelihood of recidivism. The path from adoption of
anti-cruelty laws to effective mental health treatment for perpetrators of abuse is
long, and there are many opportunities along the way to lose cases.
Identification of key challenges has facilitated development of strategies to
address them. The first strategy is focused on educating professionals from a
range of disciplines about the relationship between animal abuse and other anti-
social behavior, the types of questions they should ask their clients about experi-
ences with animals, and resources to which they may refer anyone about whom
they have concerns. Trainings have been held for prosecutors, judges, probation
officers, law enforcement, domestic violence service providers, child welfare pro-
fessionals, social workers, and mental health professionals.
272 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
weekly two-hour sessions, is now 14 weeks long and includes one to one-and-a-
half-hour sessions each week. Inclusion of the child’s caregiver was also identi-
fied as essential to ensure lessons are reinforced in the home. The participation
of each child’s parent or guardian is now required. Finally, the inclusion of an
animal behaviorist is an important addition recently made to the program. The
animal behaviorist helps children and adults transfer cognitive empathy (i.e., the
ability to look at a picture and describe what a child or animal may be feeling) to
real-life empathy (i.e., the ability to read a dog or cat’s behavior in real time and
respond appropriately).
Risley-Curtiss describes the program this way:
Based on the assessment findings, a decision is made about the child’s appro-
priateness for the CAT program. Children who have extensive trauma and ani-
mal abuse histories are referred to more intensive therapeutic services. For some
children, CAT is an adjunct to other therapies. Children accepted into CAT par-
ticipate, with at least one parent or guardian, in 14 weekly sessions held at the
Arizona Animal Welfare League. The program includes humane education and
therapeutic activities designed to help children be accountable and take respon-
sibility for their actions towards animals. Under close adult supervision, chil-
dren interact with shelter animals, helping them to build empathy and practice
nurturing skills. Currently, children and youth are referred to the program from
child protective and juvenile justice service systems.
Animal Welfare Court
The Pima County Animal Welfare Court was established in 2012 by Pima
County Justice of the Peace Maria Felix after she presided over a particularly
egregious case of animal abuse (Smith, 2012). One of several specialty courts
274 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
There are a number of programs that pair shelter dogs with youth in secure
detention facilities. Although these programs are not designed specifically for
children who have abused animals, they are focused on youth who are at risk
of engaging in antisocial behavior and who may have witnessed animal abuse,
including dogfighting.
One of the earliest of these programs, Project POOCH, began in 1993 in the
MacLaren Youth Correctional Facility in Woodburn, Oregon (Deaton, 2005).
Shelter dogs who otherwise would have been euthanized are housed in ken-
nels at the correctional facility. Youth are responsible for all aspects of the dogs’
care, including feeding, walking, training using positive reinforcement, groom-
ing, and helping to find them new homes. Through the program, youth learn to
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse275
manage their own behavior, develop healthy relationships, and acquire occupa-
tional skills. Staff reports that program participants show a reduction in aggres-
sion, growth in leadership skills, and improvement in the ability to work with
others.
Project Second Chance began in 1999 in a secure facility for juveniles in
New Mexico and includes an adaptation of the AniCare approach (Harbolt &
Ward, 2001). During the month-long program, youth spend three weeks caring
for, feeding, and training shelter dogs. Like AniCare, the program emphasizes
accountability with respect to helping the youth to recognize and take responsi-
bility for abusive behavior; challenging youth to examine the causes and conse-
quences of their behavior; and establishing a context for changing behavior. The
behavioral change is focused on the development of empathy through exercises
that help the youth to imagine how others might perceive an experience. For
example, in the “Be the Dog” exercise, the juvenile assumes the role of their dog,
answering questions as the dog would and expressing the dog’s feelings. By see-
ing the world from the dog’s eyes, participants learn to recognize that the dog
experiences feelings, fears, and happiness just as he or she does. The participants
also keep journals describing their experiences in the program and write a letter
to their dog’s adopter explaining how to care for the dog.
Lifetime Bonds, which is based on a positive youth development (PYD) frame-
work, is a program for adolescent males ages 13 to 17 who are in secure detention
at the Illinois Youth Center (IYC). The program began in 2009 as a collaboration
among the Illinois Department of Juvenile Justice (IDJJ), Chicago Animal Care
and Control, and Safe Humane Chicago, a nonprofit helping youth learn nonvio-
lent, compassionate ways of interacting.
Unlike Project POOCH and Project Second Chance, dogs in the Lifetime
Bonds program are not housed at the youth facility. Instead, Safe Humane
takes dogs from Chicago Animal Care and Control to IYC each week or the
boys come to the shelter. The program uses a mentoring model in which the
boys work closely with adult volunteers to bond with, socialize, and train
shelter dogs, saving their lives and making them more adoptable. Based on a
positive youth development conceptual model, Lifetime Bonds provides youth
opportunities to: (a) participate in structured activities, (b) develop skills,
(c) form prosocial relationships with adults and peers, and (d) engage in efforts
that benefit the community. Lifetime Bonds’ goal is to help court-involved
youth develop the assets needed to avoid re-offending and become produc-
tive, engaged citizens. The 12-week program involves weekly, 60- to 90-minute
sessions.
The key objectives of the Lifetime Bonds program include: (a) teaching youth
dog handling and training skills using only positive, reward-based reinforce-
ment; (b) helping youth learn and practice communication skills by interpret-
ing dogs’ body language and responding appropriately and compassionately;
(c) developing a sense of social responsibility by educating youth about animal
abuse and population issues and allowing them to give back to the community
by saving dogs’ lives; and (d) educating youth about animal-related jobs. One of
276 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
the unique aspects of Lifetime Bonds is that upon completion of the program
and release from IYC, graduates are offered paid internships with Safe Humane
Chicago’s Court Case Dogs program, helping to socialize and advocate for dogs
who are victims in animal abuse cases.
R ES E A R C H AG EN DA
Research on the effectiveness of interventions for people who have abused ani-
mals is scant. Ideally, randomized control trials—the gold standard of research
design—would be undertaken to determine whether or not there is a causal
relationship between the treatment and outcomes of interest. Once treatments
are identified that produce desired outcomes, comparative effectiveness studies
could be done to identify which treatments are most effective and under what
circumstances. As discussed earlier, one of the key challenges is that people do
not seek treatment voluntarily for abusing animals. As a result, the number of
cases available for study is limited; the sample size for evaluation is simply too
small. Until the number of cases being referred for treatment increases substan-
tially, it will be challenging to conduct rigorous evaluations of treatment models.
Moreover, it will be difficult to identify new interventions, as the lack of demand
creates a disincentive for development of alternative treatment approaches.
Although the use of experimental design in the evaluation of treatment pro-
grams for people who have abused animals is not imminent, there remain impor-
tant research and practice questions that can—and should—be answered in
the shorter term. In fact, there is much we do not know about the scope of the
problem of animal abuse and the effects of policy and legislation to address it.
Answering these questions will provide the foundation for developing effective
interventions and policies to support them. Key questions about the scope of the
problem include:
• How prevalent is animal abuse (i.e., how much of a demand can we rea-
sonably expect for treatment programs)?
• Is there any evidence that dog bites are an indicator of animal abuse?
What are the implications for identifying people who abuse animals?
• How many cases of animal abuse are prosecuted annually? To what
extent do prosecutions vary by state or other factors? What are those
other factors?
• In what proportion of prosecuted cases are defendants convicted?
• What differences are there among people who commit various types of
abuse (e.g., dogfighting for profit versus hurting an animal in a domestic
violence case versus running a puppy mill)? What are the implications
of these differences with respect to identification, prosecution, treatment
and expected outcomes?
Key questions with respect to the effect of legislation and policies include:
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse277
C O N C LU S I O N
N OT E
R EFER EN C ES
Alvarez, K. M., Kenny, M. C., Donohue, B., & Carpin, K. M. (2004). Why are profes-
sionals failing to initiate mandated reports of child maltreatment, and are there any
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse279
Chaffin, M., Silovsky, J. F., Funderburk, B., Valle, L. A., Brestan, E. V., Balachova, T., …
Bonner, B. L. (2004). Parent-child interaction therapy with physically abusive par-
ents: Efficacy for reducing future abuse reports. Journal of Consulting and Clinical
Psychology, 72, 500–510.
Child Welfare Information Gateway (2011, July). About CAPTA: A legislative
history. Washington, DC: U.S. Department of Health and Human Services,
Children’s Bureau. Retrieved from: https://www.childwelfare.gov/pubs/fact-
sheets/about.pdf
Currie, C. L. (2006). Animal cruelty by children exposed to domestic violence. Child
Abuse & Neglect, 30, 42–435.
Deaton, C. (2005). Humanizing prisons with animals: A closer look at “cell dogs” and
horse programs in correctional institutions. Journal of Correctional Education,
56, 46–62.
DeGue, S., & DiLillo, D. K. (2009). Is animal cruelty a “red flag” for family violence?:
Investigating co-occurring violence toward children, partners, and pets. Journal of
Interpersonal Violence, 24, 1036–1056.
Erez, E. (2002). Domestic violence and the criminal justice system: An over-
view. Online Journal of Issues in Nursing, 7, Manuscript 3. Retrieved
from: http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/
A NA Pe r io d ic a l s /OJ I N/ Ta b le of C ont e nt s / Volu me72 0 0 2 / No1Ja n 2 0 0 2 /
DomesticViolenceandCriminalJustice.aspx
Faver, C. A., & Cavazos, A. M. (2007). Animal abuse and domestic violence: A view
from the border. Journal of Emotional Abuse, 7, 59–81.
Faver, C. A., & Strand, E. B. (2003). To leave or to stay? Battered women’s concern for
vulnerable pets. Journal of Interpersonal Violence, 18, 1367–1377.
Feder, L., & Wilson, D. B. (2005). A meta-analytic review of court-mandated batterer
intervention programs: Can courts affect abusers’ behavior? Journal of Experimental
Criminology, 1, 239–262.
Felthous, A. R., & Kellert, S. R. (1987). Childhood cruelty to animals and later aggres-
sion against people: A review. American Journal of Psychiatry, 144, 710–717.
Finkelhor, D., & Jones, L. (2006). Why have child maltreatment and child victimiza-
tion declined? Special Issue: Journal of Social Issues, 62, 683–714.
Finkelhor, D., Turner, H., Omrod, R., & Hamby, S. (2010). Trends in childhood violence
and abuse exposure: Evidence from two national surveys. Archives of Pediatrics &
Adolescent Medicine, 164, 238–242.
Flynn, C. P. (1999). Exploring the link between corporal punishment and children’s
cruelty to animals. Journal of Marriage and Family, 61, 971–981.
Flynn, C. P. (2000). Woman’s best friend: Pet abuse and the role of companion animals
in the lives of battered women. Violence Against Women, 6, 162–177.
Frick, P. J., Van Horn, Y., Lahey, B. B., Christ, M. A. G., Loeber, R., Hart, E. A.,
Tannenbaum, L., & Hanson, K. (1993). Oppositional defiant disorder and conduct
disorder: A meta-analytic review of factor analyses and cross-validation in a clinical
sample. Clinical Psychology Review, 13, 319–340.
Gleyzer R., Felthous A. R., & Holzer, C. E. (2002). Animal cruelty and psychiatric dis-
orders. Journal of the American Academy of Psychiatry Law, 30, 257–265.
Gullone, E., Johnson, J., & Volant, A. (2004). The link between animal abuse and fam-
ily violence: A Victoria-wide study. Victoria, Australia: Monash University.
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse281
Gullone, E., & Robertson, N. (2008). The relationship between bullying and animal
cruelty behaviors in Australian adolescents. Journal of Applied Developmental
Psychology, 29, 371–379.
Harbolt, T., & Ward, T. H. (2001). Teaming incarcerated youth with shelter dogs for a
second chance. Society & Animals, 9, 177–182.
Henry, B. C. (2004). The relationship between animal cruelty, delinquency, and atti-
tudes toward the treatment of nonhuman animals. Society & Animals, 12, 185–207.
Henry, B. C., & Sanders, C. E. (2007). Bullying and animal abuse: Is there a connec-
tion? Society & Animals, 15, 107–126.
Jory, B. (1998). The intimate justice question. In L. Hecker & S. Deacon (Eds.), The
Therapist’s Notebook (pp. 215–220). New York: Haworth Press.
Jory, B., & Anderson, D. (1999). Intimate justice II: Fostering mutuality, reciproc-
ity, and accommodation in the treatment of abuse. Journal of Marital and Family
Therapy, 25, 349–363.
Jory, B., & Randour, M. L. (1999). The AniCare model of treatment for animal abuse.
Washington Grove, MD: Psychologists for the Ethical Treatment of Animals.
Kazdin, A. (1995). Conduct disorders in childhood and adolescence (2nd ed.). Thousand
Oaks, CA: Sage Publications, Inc.
Kempe, C. H., Silverman, F. N., Steele, B. F, Droegenmueller, W., & Silver, H. K.
(1962). The battered-child syndrome. Journal of the American Medical Association,
181, 17–24.
Kirk, R. S., & Griffith, D. P. (2002). Annual report to the Governor and the General
Assembly of the State of North Carolina on the Intensive Family Preservation
Services program for the 2001–2002 State fiscal year. Raleigh: North Carolina
Department of Health and Human Services, Division of Social Services.
LeVay, S., Baldwin, J. I., & Baldwin, J. D. (2012). Discovering human sexuality (2nd ed.).
Sunderland, MA: Sinauer Associates.
Levi, B. H., Brown, G., & Erb, C. (2006). Reasonable suspicion: A pilot study of pediat-
ric residents. Child Abuse and Neglect, 30, 345–356.
Levitt, L. (2011). Criminal Histories of Animal Cruelty Offenders (Doctoral
Dissertation, University of Virginia).
Lockwood, R., & Hodge, G. (1986, Summer). The tangled web of animal abuse: The
links between cruelty to animals and human violence. Humane Society News,
Summer, 10–15.
Long, D. D., & Kulkarni, S. J. (2013). Cross-reporting of interpersonal violence and
animal cruelty: The Charlotte Project. Journal of Sociology & Social Welfare, 40,
131–148.
Lunghofer, L., & Bathurst, C. (2012, November). Lifetime Bonds: A positive youth devel-
opment approach, bringing together at-risk youth and at-risk dogs. Poster presented
at the annual meeting of the American Society of Criminology, Chicago, IL.
Manning, S. (2014, October 1). FBI makes animal cruelty a top-tier felony to help
track abuse. Detroit Free Press. Retrieved from: http://www.freep.com/story/news/
nation/2014/10/01/fbi-makes-animal-cruelty-top-tier-felony/16528367/
Miletski, H. (2001). Zoophilia: Implications for therapy. Journal of Sex Education and
Therapy. 26, 85–89.
Miller, C. (2001). Childhood animal cruelty and interpersonal violence. Clinical
Psychology Review, 21, 735–749.
282 R E S P ON DI N G T O A N I M A L M A LT R E AT M E N T
National Child Abuse and Neglect Training and Publications Project (2014, April).
The Child Abuse Prevention and Treatment Act: 40 Years of Safeguarding America’s
Children. Washington, DC: U.S. Department of Health and Human Services,
Children’s Bureau. Retrieved from: https://childlaw.sc.edu/doc/CAPTA.pdf
National Council of Juvenile and Family Court Judges (n.d.). Greenbook Initiative.
Retrieved from http://www.thegreenbook.info/index.htm
National Conference of State Legislatures (2014, September 23). Mandatory Reporting
of Child Abuse and Neglect 2013 Introduced State Legislation. Retrieved from
http://www.ncsl.org/research/human-services/redirect-mandatory-rprtg-of-
child-abuse-and-neglect-2013.aspx
National District Attorneys Association, National Center for Prosecution of Animal
Abuse (2014, January). State Cross-Reporting Mandates by Profession. Retrieved
from http://www.ndaa.org/pdf/Cross-Reporting Mandates by Profession and
State—Jan 2014—Jennifer’s updates.pdf
National District Attorneys Association (2014, June). Can incidents of prior animal or child
abuse be admitted as a prior bad act in a domestic violence case? Retrieved from: http://
www.ndaa.org/pdf/State chart—animal abuse as prior dv acts—June 2014.pdf
National District Attorneys Association. National Center for Prosecution of
Child Abuse. (2014, August). Bestiality as a trigger for sex offender registra-
tion. Retrieved from: http://www.ndaa.org/pdf/Bestiality and Sex Offender
Registration.pdf
Phillips, A. (2014, June). Understanding the Link between Violence to Animals and
People: A Guidebook for Criminal Justice Professionals. Alexandria, VA: National
District Attorneys Association. Retrieved from: http://www.ndaa.org/pdf/The Link
Monograph-2014.pdf
Phillips, A. (2012). Sheltering Animals and Families Together (SAF-T) Start-Up Manual.
Retrieved from: http://alliephillips.com/wp-content/uploads/2010/11/SAF-T-
Start-Up-Manual-2012.pdf
Randour, M. L., & Davidson, H. (2008). A Common Bond: Maltreated Children and
Animals in the Home: Guidelines for Practice and Policy. Denver, CO: American
Humane Association.
Risley-Curtiss, C. (n.d.). CAT Assessment and Diversion Program. Arizona State
University School of Social Work. Retrieved from http://ssw.asu.edu/research/
animal-human-bond/children-animals-together-assessment-and-diversion-program
Risley-Curtiss, C., Zilney, L. A., & Hornung, R. (2010). Animal-human relationships in
public child welfare: Getting a baseline. Child Welfare. 89, 67–82.
Rodriguez, M. A., Wallace, S. P., Woolf, N. H., & Mangione, C. M. (2006). Mandated
reporting of elder abuse: Between a rock and a hard place. Annals of Family Medicine,
4, 403–409.
Schaefer, K. D., Hays, K. A., & Steiner, R. L. (2007). Animal abuse issues in ther-
apy: A survey of therapists’ attitudes. Professional Psychology: Research and Practice,
38, 530–537.
Schechter, S., & Edleson, J. L. (1999). Effective intervention in domestic violence & child
maltreatment cases: Guidelines for policy and practice. Reno, NV: National Council
of Juvenile & Family Court Judges.
Shapiro, K., Friedlander, B., & Bray, D. (2013, Winter/Spring). What should follow a
conviction for animal abuse?: The Animals and Society Institute’s AniCare treat-
ment model. American Bar Association’s Animal Law Committee Newsletter, 13–15.
Social Responses to Animal Maltreatment Offenders: Cruelty and Sexual Abuse283
Shapiro, K., Randour, M. L., Krinsk, S., & Wolf, J. (2014). The assessment and treatment of
children who abuse animals: The AniCare child approach. New York: Springer Publishing.
Simmons, C. A., & Lehmann, P. (2007). Exploring the link between pet abuse and
controlling behaviors in violent relationships. Journal of Interpersonal Violence, 22,
1211–1222.
Smith, K. (2012, May 27). Proposed specialty court aims for better handling of ani-
mal abuse cases. Arizona Daily Star. Retrieved from http://tucson.com/news/
local/crime/proposed-specialty-court-aims-for-better-handling-of-animal-abuse/
article_ce105fad-0896-5bcf-8e9e-d0aa94146ec2.html.
Teplin, L. A., Abram, K. M., McClelland, G. M., Dulcan, M. K., & Mericle, A. A. (2002).
Psychiatric disorders in youth in juvenile detention. Archives of General Psychiatry,
59, 1133–1143.
Thompson, K. L., & Gullone, E. (2006). An investigation into the association between
the witnessing of animal abuse and adolescents’ behavior toward animals. Society &
Animals Forum, 14, 221–243.
U.S. Department of Health and Human Services, Administration on Children, Youth
and Families, Children’s Bureau (2012, November). Navigating the Child and
Family Violence Prevention and Services Program: A Guide for State and Territorial
Administrators. Retrieved from: http://www.acf.hhs.gov/sites/default/files/fysb/
fvpsa_admin_guide_20121119_0.pdf
U.S. Department of Health and Human Services, Administration on Children,
Youth and Families, Children’s Bureau. (2013). Child Maltreatment 2012.
Retrieved from: http://www.acf.hhs.gov/programs/cb/research-data-technology/
statistics-research/child-maltreatment.
U.S. Department of Health and Human Services, National Center on Elder Abuse,
Administration on Aging (n.d.) State Laws. Retrieved from http://www.ncea.aoa.
gov/Library/Policy/Law/State/index.aspx.
U.S. Department of Justice, Federal Bureau of Investigation (2004). Uniform Crime
Reporting Handbook. Retrieved from: http://www2.fbi.gov/ucr/handbook/ucrhand-
book04.pdf
Vaughn, M. G., Fu, Q., DeLisi, M., Beaver, K., Perron, B., Terrell, K., & Howard,
M.O. (2009). Correlates of cruelty to animals in the United States: Results from
the National Epidemiologic Survey on Alcohol and Related Conditions. Journal of
Psychiatric Research, 43, 1213–1218.
Volant, A., Jones, J., Gullone, E., & Coleman, G. (2008). The relationship between
domestic violence and animal abuse: An Australian study. Journal of Interpersonal
Violence, 23, 1277–1295.
Walton-Moss, B. J., Manganello, J., Frye, V., & Campbell, J. C. (2005). Risk factors for
intimate partner violence and associated injury among urban women. Journal of
Community Health, 30, 377–389.
Wisch, R. F. (2014a). Domestic Violence and Pets. East Lansing, MI: Animal Legal &
Historical Center, Michigan State University College of Law. Retrieved from: https://
www.animallaw.info/article/domestic-violence-and-pets-list-states-include-pets
-protection-orders
Wisch, R. F. (2014b). Table of State Animal Sexual Assault Laws. East Lansing,
MI: Animal Legal & Historical Center, Michigan State University College
of Law. Retrieved from: https://www.animallaw.info/topic/table-state-anim
al-sexual-assault-laws
SECTION IV
The statutes of many states provide, permit, or mandate that judges order mental
health evaluations of persons convicted of various forms of harm to animals
(Phillips, 2013). These evaluations can be considered “forensic” in nature because
they are ordered by courts and used for disposition of legal cases. Some clini-
cians have begun to explore assessment methods for certain specific types of
evaluations in animal maltreatment cases (see Chapter 11). Yet, to our knowl-
edge, this chapter is the first published treatise designed to identify and explore
animal maltreatment evaluations for the courts as a potential field of forensic
assessment. We will refer to assessments of that type as “forensic animal mal-
treatment evaluation” (FAMEs).
Some clinical and educational professionals perform FAMEs for the courts.
We know of no literature that describes the frequency of such evaluations.
Chapter 11, however, describes a number of assessment tools that have been
developed in recent years for use in clinical evaluations or evaluations for the
courts. The emergence of these tools suggests the beginning of a subfield of
forensic mental health assessment involving FAME.
This field is in its infancy. An emerging field of forensic assessment must have
an initial structure to conceptualize its purpose and methods. At minimum, that
structure should have several features that are essential for any form of forensic
evaluation (Grisso, 2003).
First, it must have a clear definition of the legal question that the court expects
the evaluation to address. No forensic evaluation can begin, be designed, or reach
its conclusion without a clear statement of the forensic question that is related to
the legal definition that the court must apply to its decision.
288 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
Second, the field must develop concepts that will guide and structure the foren-
sic assessment. What psychological constructs and assessment approaches are
relevant for addressing the forensic questions?
Third, the constructs must be translated into things we can measure. If the legal
definition refers to a “capacity to care for animals,” what are the behaviors that
constitute “care for animals” and how can we observe, measure, and analyze
them to address the law’s questions? Evidence-based practice requires assess-
ment methods for which we can examine and demonstrate their reliability as
well as the degree to which they measure what they claim to measure.
Finally, the field must have at least the beginnings of a foundation of relevant
research—in this case, research on animal maltreatment—with which forensic
examiners can interpret the results of their observations of the examinee. This
final requirement for a forensic evaluation field—a research foundation—has
emerged, as evidenced in previous chapters. But the first, second, and third of
these criteria regarding FAMEs are at an earlier stage of development.
This chapter begins by examining the forensic questions that FAMEs are
expected to address. We will find that at present, when the law calls for forensic
evaluations in animal maltreatment cases, it provides very little guidance regard-
ing what the courts want to know. In the absence of clear statutory guidance, we
will suggest some possible ways to frame the relevant questions for various types
of animal maltreatment cases.
Then the chapter addresses the second need: concepts that could be useful in
translating what the law wants to know into things that are observable and there-
fore assessable. This discourse is seriously hampered, of course, by the current
lack of guidance from statutes regarding what the law wants to know. But edu-
cated guesses are possible. In that analysis, we draw on concepts that have been
useful in other types of forensic assessment, exploring their potential to assist
in the future development of concepts to guide FAMEs. Might other subfields of
forensic mental health assessment, such as child custody and child neglect, have
concepts that FAME can borrow and adapt?
Finally, the third criterion—developing assessment methods—will be explored
briefly. As noted earlier, FAME methods have begun to appear, and these will be
described more fully in Chapter 11. In the present chapter, we will remain at a
more general level regarding the work that might be involved in developing the
types of assessment methods that are likely to be needed as FAME aims to build
a portfolio of specialized tools.
Identifying the relevant forensic questions for FAMEs must begin with a review of
state statutes pertaining to such evaluations. At present, 24 states have statutes autho-
rizing or directing judges to order evaluations of those convicted of animal cruelty,
neglect, fighting, or sexual abuse. Table 2.2 in Chapter 2 lists those states. Evaluations
are mentioned in states in every geographic region in the United States, but there are
Conceptualizing Forensic Animal Maltreatment Evaluations289
Similarly, Arizona’s REV. STAT. § 13-1411 permits the court to order any person
convicted of bestiality to “undergo a psychological assessment and participate in
appropriate counseling at the convicted person’s own expense.”
We must take a closer look at the relevant laws in order to begin to understand
what courts might wish to know when ordering evaluations in these areas. To
what extent do the laws frame the reasons for FAMEs? If they do not, do we
know enough regarding judicial concerns in animal maltreatment cases for us to
speculate about the information that they wish to obtain when such evaluations
are ordered? We will examine these questions for animal neglect cases, then ani-
mal cruelty and animal sexual abuse cases.
Animal neglect is the failure to provide basic care for an animal in one’s cus-
tody, care that is necessary for that animal to thrive. Definitions of animal
caretakers (who might be subject to evaluations) vary by state. For example,
Maine’s REV. STAT. ANN. tit. 7, § 3907 defines “owner” as a person own-
ing, keeping, or harboring a dog or other animal, and “keeper” as a person
in possession or control of a dog or other animal. According to the statute, a
person becomes the keeper of a stray domesticated animal, other than a dog
or livestock, if the person feeds that animal for at least 10 consecutive days.
Other states’ statutes are less specific. Utah’s CODE ANN. § 76-9-301 does not
define an “owner” but indicates that “custody” means “ownership, possession,
or control over an animal.”
Most states’ criminal statutes define a minimum standard of care requiring
that an animal caretaker provide water, food, shelter, and veterinary care, viola-
tions of which are typically classified as misdemeanors. Some statutes explicitly
outlaw animal abandonment as well (Animal Legal Defense Fund, undated).
In animal neglect cases, local animal care and control or humane agencies will
typically attempt to educate the offender to provide proper care. If education
proves ineffective, the offender may be cited under local ordinances. Gross, will-
ful, cruel, or malicious neglect occurs when the offender intentionally or know-
ingly withholds sustenance necessary to prevent dehydration and starvation.
These cases, which often involve large numbers of animals or which cause death
or serious physical harm to animals, may result in misdemeanor or even felony
charges (Lockwood, 2006).
As Table 2.2 illustrates, 13 of the 24 states that allow or direct judges to order
animal cruelty offenders to undergo a psychological evaluation do so in cases of
criminal animal neglect. When the state has provisions for evaluations in animal
cruelty evaluations, the provision allowing for the evaluation in neglect cases
frequently is the same as for cruelty cases. For example, Louisiana’s REV. STAT.
ANN. § 14:102.1 indicates that in cases of animal cruelty or neglect, “the court
may order a psychological evaluation or anger management treatment for a first
conviction of the crime of simple cruelty to animals. For a second or subsequent
Conceptualizing Forensic Animal Maltreatment Evaluations291
offense of the crime of simple cruelty to an animal, the court shall order a psy-
chological evaluation or anger management treatment.”
Statutes typically do not distinguish differences between types of maltreat-
ment in terms of what the court wants to know. Even in cases in which the statute
delineates the purpose of the evaluation, it does not distinguish a different evalu-
ation purpose or question for neglect offenders than for those who have been
charged with animal cruelty. For example, Michigan’s COMP. LAWS § 750.50(5)
statute reads: “The court may order a person convicted of violating subsection
(2) [animal cruelty or neglect] to be evaluated to determine the need for psychi-
atric or psychological counseling and, if determined appropriate by the court, to
receive psychiatric or psychological counseling.”
The statutes thus fail to help us understand how evaluations of animal neglect
offenders might differ from evaluations of animal cruelty offenders. In both
cases, the evaluator frequently lacks a specific referral question and, when such a
question is provided (e.g., whether the offender needs mental health counseling),
there are no guidelines for how an evaluator might make that determination.
There is no mention of what methods he or she might rely upon or what criteria
he or she should use.
So it is unclear what judges wish to know when they order evaluations of ani-
mal neglect offenders. What would judges be likely to say they want to know if
we were to ask them? It is likely that their answers would be related to practical
disposition decisions they must make as a consequence of a conviction for ani-
mal neglect. Courts have a variety of potential ways to respond to animal neglect
cases. Might the individual be permitted to retain custody of any of the animals,
or should all animals be forfeited to the state or local animal rescue groups?
What about the other animals in the home who are not the subject of charges?
For a variety of reasons including a desire to avoid issuing dozens of charges,
animal control officers may charge only a handful of the potentially actionable
offenses, but the animals for whom no charges were issued may also be subject to
neglect or abuse. Child welfare professionals generally assume that all children
in the home are at risk for maltreatment.
What are the parameters, if any, for restoration of a safe home (Weiss, 2010)?
For example, does the individual require periodic unannounced visits by a
humane officer to inspect the care and condition of any animal(s) permitted to
remain in the individual’s custody? Should the individual’s spouse or family
members be permitted to obtain custody of the animals? Offenders have been
known to simply transfer “ownership” to a spouse, relative, or friend in order
to retain control over the animals. Should the individual be prohibited from
acquiring other animals within a specified time period? Does the individual
have a mental illness that prohibits him or her from adequately caring for the
animals in his custody?
Let us consider what questions would lead logically to a judicial decision about
a disposition in animal neglect cases. We nominate the following possibilities.
First, courts might seek an explanation for the animal neglect before approach-
ing the question of possible recidivism and potential remediation. As discussed
292 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
in Chapter 6, “reasons” for people’s animal neglect may be quite varied, but
there are two broad categories: people whose incapacities lead to neglect, and
people for whom the neglect is a consequence of indifference or even malice.
(And some neglect offenders might fall into both categories.) In the first broad
category are offenders who, despite the fact that they may genuinely value their
animals, neglect them due to incapacities such as severe mental illness, signifi-
cant cognitive deficits, or non-aggressive personality disorders. Sometimes they
may be unaware of their inability or failure to meet the animals’ needs despite
significant disease, suffering, and death. Hoarders may fall into this category.
The second category of neglect offenders are cognizant and capable of animal
care, yet are indifferent to the suffering of the animals in their custody. Some
may purposely neglect animals (e.g., starve them or lock them outside in frigid
temperatures) in order to punish them for perceived misbehavior. These two
types of animal neglect offenders differ characterologically, are likely to present
differently upon evaluation, and generally would require different dispositional
approaches and offer different prospects regarding remediation.
Second, the court might seek an estimate of the likelihood that the person will
engage in neglect in the future. They may expect clinicians to make “predictions”
about future animal neglect, based on the individual’s clinical or personality
characteristics as well as the person’s past history of animal neglect. Clearly,
though, much research would be needed to offer empirically verified estimates
of the likelihood of future neglect based on clinical data.
Third, courts might want clinicians to determine whether there is something
that can be done to reduce the likelihood of future animal neglect. Dispositional
options generally will fall into three categories:
The latter can take many forms: for example, assurance that a relative or other
family member will care for the animal, restricting the number of animals, and/
or establishing a process of periodic inspection by a local animal welfare authority.
Later in this chapter we discuss the possibility that concepts used for assess-
ments in the area of child protection may offer a framework for thinking about
animal neglect evaluations.
Concerns in Adult Cases
First, judges might have questions about whether it is safe to return the animal to
the person’s custody. In some cases, this might include the question of removing
other animals from the person’s custody; animals that were not victims of the
criminal charges are sometimes left in an unsafe environment. Were the animals
the offender physically abused neglected as well? Should the offender formally be
prohibited from acquiring other animals within a specified time period?
Second, some statutes (e.g., Colorado) include provisions for counseling and
anger management programs. Courts might seek information on whether the
offender needs mental health treatment and, if so, the type of treatment that is
indicated. Does the offender have a substance abuse problem that contributed
to the offense and that warrants treatment? Does the offender have difficulty
controlling anger or impulses? Would the offender benefit from an anger man-
agement program? What is the offender’s degree of insight into his behavior and
how likely is it that he will benefit from an insight-oriented therapy?
Finally, courts might seek information on whether the offender’s animal cru-
elty signals an increased risk that the person might harm people. Several studies
(see Chapter 4) have demonstrated that animal abuse may be a reliable marker
for other forms of family violence including domestic violence and child abuse.
The court may wish to know whether the animal cruelty offender is at risk of
abusing an intimate partner or children in the offender’s custody.
Sometimes the animal cruelty offense itself has implications for interpersonal
relations. Did the offender abuse the animal in an attempt to intimidate or pun-
ish an intimate partner or child? Is this other person at risk? If the animal cruelty
offense was committed to punish or intimidate another person, a condition of pro-
bation might include a prohibition against contacting that person. In an effort to
protect victims of domestic abuse, several states now include pets in protection
orders (e.g., Steinberg, 2011). What are the offender’s beliefs about discipline? How
does the offender typically punish the animals and children in the offender’s care?
Particularly in cases of animal torture, does the offender have sadistic traits?
Concerns in Juvenile Cases
Several states make special provisions allowing or requiring evaluations of
juveniles convicted of animal cruelty or provide for counseling for those juveniles.
For example, pursuant to Vermont’s STAT. ANN. tit. 13, § 353(b)(4), the court
294 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
of harm to the animal victim, but because of the depravity inherent in the con-
duct. Interestingly, these three states provide for psychological evaluations only for
animal sexual abusers, not for those guilty of animal cruelty or neglect. This could
suggest that the purpose of the law in these states is to punish the deviancy of the
offender rather than the mistreatment of an animal.
In the absence of any literature to reveal the courts’ specific reasons for evalua-
tions in sexual abuse cases, we pose two possible concerns that might offer guid-
ance for clinicians until further research can identify more clearly what courts
want to know in these cases.
First, judges might be concerned about the psychological well-being of individ-
uals engaging in a bizarre and socially unacceptable sexual act, ordering evalua-
tions primarily to assess their treatment needs. Some statutes include provisions
for counseling (e.g., Maine), and courts might seek information on the type of
treatment that is indicated.
Second, courts may wish to know whether the offender’s sexual abuse of animals
signals an increased risk that the person might sexually offend against other humans,
especially children. For this reason, the evaluator will wish to determine whether
the offender has a history of sexual and/or physical offending against humans.
Various types of paraphilia tend to be comorbid in some cases (Kafka & Hennen,
2002), so it is not illogical to conclude that those who have sexually abused animals
may have committed other criminal sexual acts. Moreover, sexual assault of an
animal often causes pain or death for the animal (Lockwood, 2006), so there may
be overlap between animal physical abuse and animal sexual abuse.
In assessing the animal sexual abuser, it will be important for the evaluator
to determine whether the individual caused, coerced, or forced another person
to engage in sexual behavior with the animal. Alternatively, was the offender
caused, coerced, or forced into such behavior? Abusive men sometimes force
their intimate partners to engage in sexual activity with animals (Ascione
et al., 2007).
Evaluators tasked with assessing those involved with animal fighting are
advised to keep in mind that such individuals often subject dogs to ongoing
neglect and cruelty during training. According to the Animal Legal Defense
Fund (2009), dogs are frequently forced to wear heavy chains and run on tread-
mills; fed steroids, stimulants, and/or narcotics; left outside without shelter;
starved to increase aggression or qualify them to “make weight” in a contract
fight; and subjected to crude ear cropping and amateur treatment for fighting
injuries. Losing dogs or those that refuse to fight are often killed by shooting,
hanging, drowning, or electrocution. Inquiries should also be made into whether
the offender has brought a child to a fight in the past; animal fighting is report-
edly used to initiate youth into a culture of violence (Gibson, 2005).
Summary
1. Causal Question: What are the reasons for the person’s animal maltreat-
ment? Courts may presume (correctly) that answers to this question will
inform the other purposes.
2. Recidivism Question: What is the likelihood that this person will engage
in animal maltreatment again? Courts may presume that forensic evalu-
ations can provide an estimate of the likelihood of future maltreatment
of the current animal victim or of other animals.
3. General Public Safety Question: Does the person’s animal maltreatment
have implications for future offending other than animal maltreatment?
Courts may presume that animal maltreatment is a signal that the
individual might engage in other harmful behaviors, especially those
involving danger to humans.
4. Remediation Question: If the likelihood of future animal maltreatment
or danger to humans is serious, can anything reasonably be done to
reduce the likelihood? And if so, what intervention would be necessary?
Does the court have options at its disposal to reduce future harm, and
what is the likelihood that they will be effective?
D E V ELO PI N G C O N C EP TS A N D M O D ELS
TO G U I D E E VA LUAT I O N S
If these are the forensic questions, a field dedicated to advancing FAMEs must
develop appropriate concepts and models to guide the evolution of relevant assess-
ment methods. In this section, we explore the potential to develop conceptual
Conceptualizing Forensic Animal Maltreatment Evaluations297
guidance for FAMEs in animal neglect cases, then in animal cruelty and sexual
abuse cases, regarding the four questions. In doing so, we borrow concepts that
have served well in other areas of forensic mental health assessment. The areas
from which we borrow include child custody and child neglect forensic assess-
ments, assessments for legal competencies, and assessments to estimate the like-
lihood of future offending. We conclude not with a fully developed conceptual
model for FAMEs, but with a set of promising conceptual approaches to guide
the field’s further exploration of a foundation for FAMEs.
The word “violence” refers to serious offending that harms others physically.
But as an area of research, this subfield has developed sophisticated methods
for assessing the risk of future offending of various kinds, including any ille-
gal behavior (e.g., “arrest”), harmful aggression, serious harmful aggression
(e.g., “violent assault”), and specific types of aggression such as sexual offend-
ing. Their purpose is to estimate the likelihood that a person will re-offend in
any of these ways.
This subfield has a 40-year history that can offer FAME conceptual guidance
as it begins to develop ways to assess the likelihood of future animal cruelty
re-offending. Notice the word “re-offending.” Almost all violence risk assess-
ment methods have been developed to estimate future offending by people who
have already offended. Both theoretically and empirically, our experience tells us
that developing a method to assess future offending for people who have never
offended is unlikely to produce useful results. We can infer that there would be
little value in seeking methods to assess animal cruelty or sexual abuse among
persons who have never engaged in the behavior.
The general forensic subfield of violence risk assessment offers several recom-
mendations that might be applied when we consider the prospects for developing
assessment methods to identify the likelihood of animal cruelty or animal sexual
abuse re-offending. They are the fallacy of predictions, the need for evidence-based
risk factors, attention to population diversity, and the importance of risk manage-
ment in risk assessment.
Population-Based Approach
The field of risk assessment has found that different risk assessment tools are
needed for different populations. The reason for this is almost self-evident when
one considers the range of people who engage in any given harmful behavior.
Heilbrun (2009) explains that often different factors are needed to identify future
risk of harm by persons of different ages, genders, mental health status, and loca-
tion (referring to places from which population samples are drawn—for example,
the community vs. an incarcerated population). It is likely that animal cruelty
and sexual abuse of animals occur for different reasons across these population
types, and we should not expect a single set of risk factors to do well for all types
of animal cruelty offenders.
Risk Management
In recent years, the field of risk assessment has evolved to encourage methods
that do not merely estimate the likelihood of future harmful behavior, but
302 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
also offer prospects for responding to persons with a high risk of re-offending.
Ultimately we wish not only to know that a person has a greater likelihood
of repeating animal cruelty, but also ways in which we can mitigate harm
and decrease its likelihood. Similarly, we would like to be able to determine
whether a person’s degree of risk has changed across time (for example, after
some therapeutic intervention). Attending to risk management as an objective
encourages the development of assessment methods that can inform us not
only about the likelihood that an animal cruelty offender will re-offend, but
can provide suggestions for modifying conditions that are augmenting the
risk as well as indicators as to whether those modifications are decreasing risk
for a given individual.
Summary
The concepts and models described in this section certainly are not exhaus-
tive. Our purpose has been merely to offer a starting point for thinking about
the early development of assessment methods for animal neglect and ani-
mal cruelty. A great deal more work will be required not only to identify the
questions that the courts ask and the information they need to address them,
but also to translate those into concepts that can guide animal maltreatment
assessments. As those efforts progress, we can then begin to develop assess-
ment methods, and we turn now to some suggestions for getting started on
that task.
TOWA R D AS S ES S M EN T M E T H O DS A N D TO O LS
Moving from concepts and models to the development of specific tools requires
an additional process of translation aimed at operationalizing the concepts. We
will consider the nature of that process here, and Chapter 11 will offer an over-
view of initial efforts with this objective.
We suggested earlier that animal cruelty and animal sexual abuse assessments
might seek to develop ways to measure a concept, “future risk of cruelty to ani-
mals,” using risk factors to estimate the likelihood of future re-offending. Ideally
the assessment methods also would include features that would guide risk man-
agement to reduce future offending or to mitigate its seriousness. The following
identifies some of the more important features of risk assessment tools, although
our coverage is not comprehensive.
of animal abuse recidivism, however, because often animals can suffer and die
with no record of their passing.
C O N C LU S I O N
R EFER EN C ES
Animal Legal Defense Fund (2009, February). Animal Fighting Facts. Retrieved
from: http://aldf.org/article.php?id=927
Animal Legal Defense Fund (undated). Animal Neglect Facts. Retrieved from http://
www.aldf.org/article.php?id=1299
Ascione, F. R., Weber, C. V., Thompson, T. M., Heath, J., Maruyama, M., & Hayashi,
K. (2007). Battered pets and domestic violence: Animal abuse reported by women
experiencing intimate violence and by nonabused women. Violence Against Women,
13, 354–373.
Budd, K, Connell, M., & Clark, J. (2011). Evaluation of parenting capacity in child pro-
tection. New York: Oxford University Press.
Conroy, M., & Murrie, D. (2007). Forensic assessment of violence risk: A guide for risk
assessment and risk management. New York: John Wiley and Sons.
Davis, S. E. (1997, November). Blood sport: Dog fighting is big business in California,
and just about impossible to stop. California Lawyer, 17, 44.
Fuhrmann, G., & Zibbell, R. (2011). Evaluation for child custody. New York: Oxford
University Press.
Gibson, H. (2005). Dog fighting detailed discussion. Animal Legal and Historical
Center, Michigan State University College of Law: East Lansing. Retrieved
from: http://www.animallaw.info/articles/ddusdogfighting.htm
Grisso, T. (2003). Evaluating competencies: Forensic assessments and instruments
(2nd ed.). New York: Kluwer Academic/Plenum Publishers.
Hare, R. (2003). The Hare Psychopathy Checklist-Revised (second edition). Toronto,
ON: Multi-Health Systems.
Heilbrun, K. (2009). Evaluation for risk of violence in adults. New York: Oxford
University Press.
Hoge, R., & Andrews, D. (2010). Evaluation for risk of violence in juveniles.
New York: Oxford University Press.
Kafka, M. P., & Hennen, J. (2002). A DSM-IV Axis I comorbidity study of males
(n = 120) with paraphilias and paraphilia-related disorders. Sex Abuse, 14,
349–366.
Kukor, T., (2011, May 25). Testimony Given Before the Ohio House Criminal Justice
Committee. Retrieved from http://www.ohpsych.org/wp-content/uploads/testi-
mony/5.25%20testimony.pdf
Ladner, A. A. (2011, January 26). Letter to Mississippi Fighting Animal Cruelty
Together (MS-FACT). Mississippi Psychiatric Association.
Lockwood, R. (2006). Animal cruelty prosecution: Opportunities for early response to
crime and interpersonal violence. Alexandria, VA: American Prosecutors Research
Institute. Retrieved from: http://www.ndaa.org/pdf/animal_cruelty_06.pdf
Monahan, J. (1981). Predicting violent behavior: An assessment of clinical techniques.
Beverly Hills, CA: Sage.
Muscari, M. E., & Brown, K. M. (2010). Quick reference to child and adolescent foren-
sics: A guide for nurses and other health care professionals. New York: Springer.
Newbury, S., Blinn, M. K., Bushby, P. A., Cox, C. B., Dinnage, J. D., Griffin, B., …
Spinde, M. (2010). The guidelines for standards of care in animal shelters. Apex,
308 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
T H E C O N T E X T FO R FO R EN S I C A N I M A L
M A LT R E AT M EN T E VA LUAT I O N S
In our practice in Colorado, requests for FAMEs most frequently emanate from
the criminal justice system and specifically are requested as a post-disposition
and pre-sentence evaluation from either the district attorney’s office or probation
office charged with generating a pre-sentence plan for the courts. The evalua-
tions are referred from the courts as post-conviction, pre-sentence, and disposi-
tional evaluations.
Legal Considerations
In Colorado, as in many states, the statutes define animal abuse and require ani-
mal abuse evaluations for individuals charged with criminal animal cruelty. It
has been our experience that in many municipal- and state-level cases, there is
a failure to order these evaluations. In our research related to this failure, many
officers of the court indicate that because of a lack of available and qualified
evaluators and treatment providers, they do not request even mandated FAMEs.
Cost associated with the evaluation and a minimization of the seriousness of
animal abuse also contribute to this lack of response.
The statutory language and authority for the completion of FAMEs is defined
differently from state to state. In Colorado the relevant statute is CRS 18-9-202
Part 2, section III:
Cultural Concerns
The clinical assessment of animal abuse must take into account cultural dif-
ferences in peoples’ relations with animals. Defining animal abuse is often
312 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
T H E PU R P O S E O F FO R EN S I C A N I M A L
M A LT R E AT M EN T E VA LUAT I O N S
FAMEs have three primary purposes. First, they seek to identify criminal,
behavioral, mental health, and trauma-based issues relevant to understanding
the cause and the emergence of the animal abuse behavior. In some cases, animal
abuse does not appear to be associated with identifiable diagnostic features. In
these cases, lack of diagnostic causative factors should be documented because
these clients maybe more appropriate for standard consequences such as fines,
incarceration, and restitution as the primary intervention.
Their second purpose is to provide an accurate estimate of the likelihood and
circumstances for continued abuse behavior (both toward the animal victim and
other animals) and community safety concerns. Although we have limited tools
to formally assess this likelihood, one of the primary purposes of the FAME is
the assessment of risk.
Third, FAMEs aim to provide recommendations for type and focus of treat-
ment and level of supervision. Some clinical information can even be relevant to
assist the court in deciding on restitution and fines (e.g., the degree of suffering
of the animal or the animal’s owner who was not the perpetrator).
Our clinic has developed a way to conceptualize the range of dispositions or
interventions that are used across animal maltreatment cases, based on risk and
level of intent. Shown in Figure 11.1, the response continuum visually depicts
and underscores the importance of multiple relevant factors, including risk
and harm done to the animal evaluated, in order to make recommendations
related to the appropriate level of intervention. This diagram can be used as a
Methods for Forensic Animal Maltreatment Evaluations313
Response Continuum
ity
a bil
ulp
Post Incarceration
rc
Level of harm
supervision, treatment
RISK LEVEL
o
nd/ Jail, community corrections, prison
ta
ten
o f in Mandated treatment, supervised probation,
ree animal specific conditions of probation
D eg
Arrest, court ordered evaluation, possible treatment,
seizure of animals, bonding for cost of care
Level of intervention
Figure 11.1 Response Continuum for Animal Maltreatment Cases.
source: Response Continuum (2013, Colorado Link Project) Retrieved from http://
coloradolinkproject.com/supervision-issues-and-recommendations/
T R A I N I N G A N D S K I L LS FO R FO R EN S I C
A N I M A L M A LT R E AT M EN T E VA LUAT I O N
In our clinic in Colorado, the effort to train qualified and willing professionals to
evaluate or provide treatment in animal abuse cases is underway but remains a
challenge, especially in rural areas. This effort must continue if we are to develop
not only information for the court, but also community resources that allow
clinical recommendations to be implemented.
There are very few specialized evaluators locally or nationally to perform
FAMEs, and our hope is that one of the outcomes of this book is to encour-
age more professionals to gain expertise in this area of forensic evaluation. It is
314 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
also one of the outcomes of the specialized academic training for students at the
University of Denver’s graduate school of Social Work and Graduate school of
Professional Psychology. Some evaluators and treatment providers report that
working with the issue of animal abuse is too disturbing and refuse these assign-
ments. In time, we hope that formalized training will ready a greater number of
professionals to evaluate and provide treatment and that responding to animal
abuse will become an area of competence for mental health practitioners across
disciplines and academic training programs.
Future education of mental health professionals to perform FAMEs should
consider the range of knowledge and skills that are needed. Conducting FAMEs
requires familiarity with standardized forensic clinical skills and tools, and the
evaluator should be equipped with the following skills and knowledge:
The public and the legal system itself also need education. Too often, little
or no formal evaluation is ordered performed, and the criminal disposition
may involve no intervention, a fine, or a mild consequence such as community
service. Public and legal reactions to animal abuse are often inconsistent. On
the one hand, the system sometimes seems to minimize the danger, as when
community service consequences require the offender to work at a local animal
shelter. At other times the reaction is over-sensationalized, as when media react
as though all animal abuse is a direct path to future serial murder or extreme
violence. Specialized cross-training for law enforcement, animal control and
humane law enforcement, veterinarians, and veterinary technicians is needed
to ensure an understanding of the importance of careful forensic investigation
Methods for Forensic Animal Maltreatment Evaluations315
C O N D U CT I N G FO R EN S I C M EN TA L
H E A LT H E VA LUAT I O N S
Obtaining the Relevant Data
Active inquiry and observations about the relationships between people and ani-
mals often yield valuable information about people’s behaviors and the dynam-
ics in their environments. Evaluators should be well versed in understanding
the dynamics of the human-animal bond. Recognition of the unique and varied
relationships people have with their animals often yields important perspectives
that inform the FAME. Many domestic violence victims have pets, and those
pets often suffer harm, and sometimes death, at the hands of the perpetrator.
When speaking with children, it is advisable to ask them questions about their
experience with pets and other animals. By asking about animals in the home,
family violence can be identified earlier, making intervention more likely to
succeed, and safeguarding the welfare of children, pets, and their families. The
manner in which people interact with and care for animals in their environment
may provide critical information regarding risk and protective factors related to
both public safety and human welfare.
318 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
Cognitive Functioning
This domain is used to determine if there is evidence of impairment in cogni-
tive functions, processing difficulty, or the presence of an emerging cognitive
disorder. In many cases, we find that impaired cognitive functions may have
contributed in some manner to the individual’s abuse or neglect of the animal.
In a recent evaluation of an 18-year-old client who was referred for an assessment
after throwing rocks at a neighbor’s dog, a consistent history of cognitive impair-
ment was established by a review of educational records. Throughout his entire
academic history, he was referred for placement in specialized classes due to
difficulty learning, impairment in long- and short-term memory, and difficulty
processing academic material. He also was identified as requiring specialized
support following incidents in which he appeared to be ill-equipped to prob-
lem solve interpersonal interactions and conflicts; he experienced frustration,
had difficulty with age-appropriate behavior and making friends, and reacted
aggressively to classmates. With respect to the crime, he indicated that he had
become increasingly frustrated with his neighbor’s dog that would bark, dig
holes under the fence, and was “getting on my nerves.” Additionally, he started
to have intrusive and repetitive thoughts about harming his neighbor and the
animal involved.
Social/Developmental History
This domain is intended to elicit information relevant to understanding the cli-
ent’s social and interpersonal functioning. Significant social and relational dif-
ficulties are often risk factors in the psychological profiles of animal abusers.
In most FAMEs we recognize the significance of historical and developmental
factors. There are many ways that history can serve as a contributing factor. One
of the most common ways is based on an individual’s learned behavior of gen-
erational influences. For example, it is not uncommon to find persons who have
been taught and encouraged since childhood to act in abusive ways toward spe-
cific animals; the learned behavior becomes the typical way of interacting with,
disciplining, or discarding a particular animal.
another family member expressed shock and dismay because the animal
harmed or killed was a domestic animal and would never be targeted in hunt-
ing. Families that deny the relevance of the problem and normalize the behav-
ior are dramatically increasing the likelihood of additional abuse activity and
lack of involvement in treatment. This appears to be established through rein-
forcement of family norms and attitudes.
Employment/Academic Functioning
This domain is important as an indicator of stability. In many cases in which an
individual is engaging in animal abuse, there are significant difficulties in their
performance and relationships in either work or school environments. This may
also be a predictor of treatment issues such as difficulty fitting in, making and
keeping friends, bullying, secondary depression, and overall social competence.
Animal abuse can also be an indicator of increased financial stressors presenting
with increased frustration and limited coping skills.
Protective Factors
An important concept in risk assessment is the measurement of the presence of
protective factors. These are factors that suggest the possibility of better outcomes
for cases. Protective factors include such things as a supportive and involved fam-
ily or other functional support system. It might also include school or employment
stability and access to mental health services. Protective factors are frequently
dynamic variables that can be increased through effective treatment and support,
strengthening protective is often easier than reducing risk factors. Individuals with
few protective factors, significant isolation, and poor social support represent a
substantially greater risk for poor outcomes and increased risk of recidivism.
Substance Abuse
Substance abuse appears to be highly correlated with the acceleration of all types
of violence, thus it becomes very important to assess its role in animal cruelty
and abuse cases. It is recommended that evaluators use standardized substance
abuse measures. In a recent case, a highly intoxicated individual was sitting in
a lawn chair in his driveway, called animal control to come get a neighbor’s dog
that had wandered into his yard, and warned that he would shoot the dog if not
322 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
removed immediately. Then, while on the phone with the dispatcher, he pro-
ceeded to shoot the dog. During evaluation, it was determined that the individ-
ual routinely engaged in serious alcohol abuse and had other criminal offenses
related to this problem including several citations for driving under the influ-
ence. Assessment of his alcoholism and other substance use was a critical factor
for determining appropriate intervention.
Risk Assessment
In FAMEs conducted in our clinic, the evaluators utilize the Animal Abuse Risk
Assessment Tool (AARAT), developed at the University of Denver (Tedeschi,
2000). The AARAT is comprised of a specific set of risk criteria that were derived
originally from the risk factors established by Dr. Randall Lockwood of the
American Society for the Prevention of Cruelty to Animals (ASPCA).
We know from the science of risk and threat assessment that the most reli-
able long-term indicators of risk for re-offense are found to be static, historical
variables that are immune to the effects of intervention such as the number and
Methods for Forensic Animal Maltreatment Evaluations323
nature of previous offenses and developmental history. Dynamic factors that may
respond to intervention can be considered short-term or risk-mitigating factors
because of their ability to change in response to various influences (i.e., partici-
pation in treatment, lifestyle stability, mental health stability, support, and the
quality of supervision). Risk assessment can provide much useful information in
decisions involving safety planning, treatment planning, disposition, and super-
vision issues. Psychological measures can identify characteristics and patterns
related to certain strengths, risks, and needs, leading to general estimates that
a person is low, moderate, or high in level of risk compared to other offenders.
However, they should not be expected to make accurate predictions that a person
will or will not re-offend.
Typological Considerations
M E AS U R ES AS S ES S I N G I N D I V I D UA LS’
M A LT R E AT M EN T O F A N I M A LS
Completed by:
ones that are available have had insufficient research to determine their reliability
and validity. Nevertheless, it is worthwhile to review the existing measures that
examiners are using, especially with the hope that there will be future research to
determine their validity. Until then, these tools at least offer structured methods
that improve the consistency of data collection across cases and examiners.
the psychological makeup of the child and influence the type and timing of
the interventions. For example, reactive acts of cruelty may focus on enhanc-
ing impulse control and problem-solving skills. Additionally, assessing the
child’s attitudes and beliefs about animals can help the clinician understand
what misconceptions (e.g., prejudice against a particular species) need to be
addressed. An assessment of the child’s level of emotional intelligence includ-
ing capacity for empathy and ability to form attachments is also indicated.
Evaluators are directed to examine the juvenile’s family history for domestic
violence, child abuse, neglect, witnessing animal abuse, and harsh discipline.
Finally, “mitigating circumstances” such as the juvenile’s expression of remorse
and willingness to assist law enforcement is considered. Information should be
obtained from multiple sources including parents, other relatives, school per-
sonnel (e.g., teachers, guidance counselors), and social workers (if applicable).
Medical, court, psychiatric, and school records should be reviewed.
C O N C LU S I O N
Crimes against animals reflect a wide array of behaviors, level of seriousness, and
actions harmful to animals including intentional or unintentional omissions of
care. The underlying causative factors are also diverse. Despite this diversity and
in many ways due to the array of behaviors on the continuum of criminal con-
cern, we need to understand with some accuracy what has occurred and why. In
addition, we must continually emphasize that animal abuse is illegal and that
it causes harm to sentient beings. In our current efforts to understand the most
effective and proactive ways to intervene in serious violence, careful examina-
tion of violence toward animals can serve as a warning of potential violence
directed at people (Ascione, 1993).
Every perpetrator of animal cruelty presents with unique and individual-
ized diagnostic factors and typological considerations. Although untested, the
inclusion of a reliable, routine, and comprehensive evaluation of such offend-
ers could improve public safety outcomes in every community. This chapter has
defined important clinical domains that should be included in all comprehen-
sive FAMEs, with attention to developmentally sensitive assessment tools to help
determine the context and seriousness of the abuse, level of responsibility, caus-
ative factors, diagnostic considerations, and risk for continued abusive behavior.
Animal abuse is almost always a signal of other problems, and FAMEs can serve
as a meaningful early intervention to detect the risk of future violence toward
people and animals.
R EFER EN C ES
Achenbach, T. M. (1991). Manual for the Child Behavior Checklist/4-18 and 1991 profile.
Burlington, VT: University of Vermont Department of Psychiatry.
American Psychiatric Association. (2013). Diagnostic and statistical manual of mental
disorders (5th ed.). Washington, DC: Author.
Arluke, A., Levin, J., Luke, C., & Ascione, F. (1999). The relationship of animal abuse
to violence and other forms of antisocial behavior. Journal of Interpersonal Violence,
14, 963–975.
Arluke, A., & Lockwood, R. (1997). Understanding cruelty to animals. Society &
Animals, 5, 1–10.
330 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
Ascione, F. R. (1993). Youth who are cruel to animals: A review of research and impli-
cations for developmental psychopathology. Anthrozoös, 6, 226–247.
Ascione, F. R. (2005). Children and animals: Exploring the roots of kindness and cruelty.
West Lafayette, IN: Purdue University Press.
Ascione, F. R. (2007). Emerging research on animal abuse as a risk factor for intimate
partner violence. In K. Kendall-Tackett & S. Giacomoni (Eds.), Intimate partner vio-
lence. Kingston, NJ: Civic Research Institute, pp. 3-1–3-17.
Ascione, F. R., & Maruyama, M. (2010). Animal abuse and development a psychopa-
thology. In P. McCardle, S. McCune, J. Griffin, & V. Maholmes (Eds.), How animals
affect us: Examining the influence of human-animal interaction on child development
and human health. Washington, DC: American Psychological Association.
Ascione, F. R., Thompson, T. M., & Black, T. (1997). Childhood cruelty to ani-
mals: Assessing cruelty dimensions and motivations. Anthrozoös, 10, 170–177.
Baldry, A. C. (2003). The development of the P.E.T. Scale for the measurement of physi-
cal and emotional tormenting against animals in adolescents. Society and Animals, 12,
1–17.
Boat, B. (2008). The Childhood Trust Survey on Animal Related Experiences.
Retrieved from: http://ohiocando4kids.org/sites/default/files/CTSARE%20
Animal-Related%20Experiences.pdf
Boat, B. (1995). The relationship between violence to children and violence to ani-
mals: An ignored link? Journal of Interpersonal Violence, 10, 229–235.
Boat, B. (1998). Boat Inventory of Animal Related Experiences. Retrieved from: http://
coloradolinkproject.com/wp-content/uploads/2013/05/Boat-Inventory.pdf
Boat, B. (2006). Clinical approaches to assessing and utilizing animal-related experi-
ences in therapeutic interventions with children, adolescents, and their caretakers.
In A. Fine (Ed.), Handbook on animal assisted therapy (pp. 243–262). San Diego,
CA: Academic Press.
Colorado Cruelty Statutes. Retrieved from: http://www.lexisnexis.com/hottopics/col
orado/?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search
=C.R.S.+18-9-202
Dadds, M. R., Whiting, C., Bunn, P., Fraser, J. A., Charlson, J. H., & Pirola-Merlo,
A. (2004). Measurement of cruelty in children: The Cruelty to Animals Inventory.
Journal of Abnormal Child Psychology, 32, 321–334.
Dadds, M. R., Whiting, C., & Hawes, D. J. (2006). Associations among cruelty to ani-
mals, family conflict, and psychopathic traits in childhood. Journal of Interpersonal
Violence, 21, 411–429.
Geddes, V. A., (1977) Enuresis, fire settings and animal cruelty—A follow-up study to
review the triad hypothesis in reference to the prediction of violence. Master’s Thesis,
Dept. of Criminal Justice, California State University, Long Beach, CA.
Guymer, E. C., Mellor, D., Luk, E. S. L., & Pearse, V. (2001). The development of a screen-
ing questionnaire for childhood cruelty to animals. Journal of Child Psychology and
Psychiatry, 42, 1057–1063.
Hanson, R. K., & Bussière, M. T. (1996). Predictors of sexual offender recidi-
vism: A meta-analysis. Cat. No. JS4-1/1996-4E, Public Works and Government
Services, Canada.
Heil, P., Harrison, L., English, & K., Alhmeyer, S. (2009). Is prison sexual offending
behavior indicative of community risk? Criminal Justice and Behavior, 36, 892–908.
Methods for Forensic Animal Maltreatment Evaluations331
Lewchanin, S., & Randour, M. L. (2008). Assessing children’s experiences with ani-
mal cruelty: Assessment, treatment, community needs, and policy considerations.
In F. R. Ascione (Ed.), International handbook of animal abuse and cruelty: Theory,
research, and application. West Lafayette, IN: Purdue University Press, 422–439.
Lewchanin, S., & Zimmerman, E. (2000). Clinical assessment of juvenile animal cruelty.
Brunswick, ME: Biddle Publishing Company.
Lockwood, R. (2013, May 30). Factors in the Assessment of Dangerousness in Perpetrators
of Animal Cruelty. Retrieved from: http://coloradolinkproject.com/wp-content/
uploads/2013/05/Factors-in-the-Assessment-of-Dangerousness-in.pdf
Melson, G. (2003). Child development and the human-companion animal bond.
American Behavioral Scientist, 47, 31–39.
Personal communication to Philip Tedeschi from Pike,s Peak Humane Law
Enforcement Arrest Warrant 1994.
Quinn, K. M. (2000, March). Animal abuse at early age linked to interpersonal vio-
lence. Brown University Child & Adolescent Behavior Letter, 16, 1–3.
Randour, M. L., Krinsk, S., & Wolf, J. (2001) AniCare child: An assessment and
treatment approach for childhood animal abuse. Washington, DC: Society and
Animals Forum.
Shapiro, K. (1999). The AniCare model of treatment for animal abuse. Washington
Grove, MD: Psychologists for the Ethical Treatment of Animals.
Simons, D. A., Wurtele, S. K., & Durham, R. L. (2008). Developmental experiences of
child sexual abusers and rapists. Child Abuse and Neglect, 32, 549–560.
Tedeschi, P. (2000). Animal Cruelty and Abuser Screening Typologies & Intervention
Protocols, unpublished manuscript, Denver, Colorado.
Tedeschi, P. (2013). Colorado Link Project. Retrieved from: http://coloradolinkproject.
com
Thompson, K. L., & Gullone, E. (2003). The Children’s Treatment of Animals
Questionnaire: A psychometric investigation. Society and Animals, 11, 1–15.
Retrieved from: http://www.animalsandsociety.org/assets/library/489_s1111.pdf
World Health Organization (2014, January). Child Maltreatment Fact Sheet. Retrieved
from http://www.who.int/mediacentre/factsheets/fs150/en/
WomensLaw.org (2014, July 18). Domestic Violence Protection Orders. Washington,
D.C.: National Network to End Domestic Violence, Inc. Retrieved from: http://www.
womenslaw.org/laws_state_type.php?id=11333&state_code=CO
12
forensic animal maltreatment literature, there are few readily identifiable best
practices available.
According to Phillips and Lockwood (2013), writing for the National District
Attorneys Association, 26 states have laws addressing court-ordered psychologi-
cal evaluations and 32 states have laws for court-ordered treatment for convicted
animal abusers. The compendium of laws for each jurisdiction can be down-
loaded from the National District Attorneys Association (2013) and the Animal
Legal Defense Fund (2012) [see also, Otto, 2007]. From the perspective of pros-
ecutors, it has been recommended that offenders be referred to remedial pro-
grams relevant to the problems (not simply anger management) and that experts
in psychology may be utilized to advise the court at sentencing (Phillips &
Lockwood, 2013). We find this to be a position that is both protective of the ani-
mal victims and compassionate toward mental health needs of the perpetrators.
Nevertheless, we have no statistics on the frequency, let alone the effectiveness,
of clinicians’ input in diagnostic, forensic, or dispositional matters. Thus, before
legislatures and prosecutors can meaningfully be approached on reform, we will
need data based on current implementation of animal-maltreatment laws.
As we seek to shape a field of forensic animal maltreatment evaluation, we
will need to face three broad types of questions: ethical issues, potential for bias
in your evaluations, and our general approaches to evaluations. These form the
outline for this chapter.
E T H I CA L C O N S I D ER AT I O N S
Consent
The AAPL guidelines (2005) call for consent of the evaluee, the disclosure of any
loss of confidentiality, reporting findings with honesty and striving for objectiv-
ity, and accurate representation of credentials. The SGFP guidelines (American
Psychological Association, 2013) contain similar considerations. The following
remarks track these elements as they arise in the course of assessments of indi-
viduals accused of animal maltreatment.
How does the evaluee come to the consultation? The first key point is
whether the evaluee is being examined by court order or by the request of
the evaluee’s attorney. Almost invariably, the assessment has been ordered
by the court, often as part of a statutory procedure (Animal Legal Defense
Fund, 2012). In this context, the evaluee’s understanding about the nature and
purpose of the evaluation and agreement to participate is perhaps best under-
stood as “informed assent.” That is, because the evaluator is operating under
the authority of a court order, “consent” in a strict sense is not necessary. In
such circumstances, “assent,” which implies understanding but not necessar-
ily permission, is a better fit. However, should the examiner be proceeding
with an evaluation solely at the request of the evaluee’s attorney, then the con-
cept of “consent” does apply. Consent becomes a concept relative to context,
in that failure to comply may correctly be viewed as evidence of culpability.
More important from the professional’s point of view, reluctance to partici-
pate is a negative indicator of psychological mindedness, inability to accept
culpability, and willingness to enter rehabilitation in any form. Nevertheless,
the evaluator must inform the person that the assessment has been ordered,
that there is no absolute requirement of disclosure, and that failure to par-
ticipate may influence the outcome. The last point should never be done with
336 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
too ominous a tone, as that would appear coercive. Of course, the person also
must be notified that whatever is disclosed will be shared with the court and
attorneys.
Finally, the details of our consent/assent explanation (aptly described by
Heilbrun, 2001, as “notification of purpose”) may differ significantly based upon
the phase of the legal proceedings. Consider, for example, whether the animal
maltreatment evaluation takes place before or after the issue of guilt has been
determined. The two contexts are very different in terms of the parameters of
the notification of purpose. If before, the examiner will need to tell the evaluee
something of the effect that “anything you say about the offense with which you
are charged can be used against you in court, because I will be telling the court
about it.” Absent specific statutory protections against such self-disclosures being
admissible on the issue of guilt, defense counsel may very well have advised eval-
uees to say absolutely nothing about the events leading up to or at the time of the
criminal act with which they are charged.
However, even if defense counsel places no such restrictions on the evaluee’s
participation, is it ethical to take what amounts to a spontaneous confession
from an examinee in a forensic evaluation, then write it up in our psycho-
logical report? We think not. This situation may be akin to what happens in
evaluations of competency to stand trial, where among other things, as part of
a capacity to assist assessment, the examiner needs to evaluate the defendant’s
capacity to disclose pertinent details of the alleged offense to counsel. In such
situations, many examiners do not record the content of the examinee’s side
of the story, though may well note the extent to which it is coherent, orga-
nized, detailed, and time-sequenced. A similar approach may be useful in
animal maltreatment evaluations that take place before the issue of guilt has
been determined. That is, in such a context the ethical examiner would be
wise to avoid prompting disclosures about the act(s) charged that may not be
excluded by statute from considerations of guilt. If the evaluation is taking
place after the issue of guilt has been determined, then there is obviously less
concern about soliciting details that may be used against the evaluee. Even
in such situations, however, the critical distinction between evidence that is
probative versus prejudicial is still essential to consider.
An additional consideration in the forensic evaluation of animal mal-
treatment concerns the fact that the examinee’s side of the story often is the
only one available, because the animal victim(s) obviously cannot talk and
other persons might not have been present. This raises unique and difficult
questions. For example, does this change or expand what can or should be
included in the report with regard to his description of the offense charged?
How can evaluators compensate for the fact that there will not be a victim
statement in assessing the seriousness of the examinee’s behavior and other
important aspects of the situation? Although there are no easy answers to
such questions, we recommend that reports include a descriptive account of
the acts(s) charged, allowing the readers to draw their own conclusions about
the impact on the animal.
Practice and Ethics in Forensic Animal Maltreatment Evaluations337
Confidentiality
we recommend that the examiner begin with a broadly defined explanation that
the court has ordered a mental health evaluation of the evaluee. Subsequent
questions that are posed to collateral contacts about the evaluee’s risk-relevant
behaviors and attitudes towards animals may lead to questions about what the
evaluee is accused of having done. Unless such information is already a matter of
public record, the examiner should avoid answering such questions.
The examiner should also be prepared to handle requests from collateral
sources of information to say something “off the record” or “in confidence.”
From a practical point of view, it is unwise to extend such assurances as sources
of information must be clearly documented in one’s report. Additionally, there
is a significant concern about agreeing not to use some reported information,
if for no other reason than it raises a question about how one would practically
“unring the bell” (i.e., how one would know that such information was not exert-
ing tacit influence on one’s opinion).
Honesty
Reporting the findings of a mental health assessment is a matter that has real
implications for a real person, not a perfunctory action of sorting out types of
offenders. Psychopathology should not be inferred simply from the presence of
hoarding or abuse or from the degree of harm committed. An honest assessment
is one that is reasonably comprehensive. Components can include the face-to-face
clinical assessment, psychometric testing (e.g., an objective assessment of person-
ality such as the MMPI-2 or MMPI-2-RF), and home visits to the site of the alleged
abuse. Both AAPL (2005) and the SGFP (American Psychological Association,
2013) guidelines discourage drawing conclusions about persons not examined
unless reasonable efforts to do so have failed. In doing the assessment in a thor-
ough manner—not just a checklist of symptoms—the evaluator will be in a posi-
tion to explain the behavior to the justice system in a nonjudgmental manner.
Multiple Relationships
As noted several times in this chapter, it may very well take some time for sup-
ply to meet demand in terms of the numbers of professionals with the knowl-
edge, skill, and interest to do forensic work involving animal maltreatment.
This suggests that occasions may arise in which the court asks examiners who
have done evaluations to then accept the same examinee as a treatment refer-
ral after the case has been adjudicated. Accepting such a referral in these cir-
cumstances raises ethical concerns, sometimes called the “wearing two hats”
problem (Strasburger, Gutheil & Brodsky, 1997). Simply stated, being a person’s
therapist may reduce objectivity when testifying, and testifying may disrupt the
therapeutic relationship. While not formally unethical for psychiatrists, the situ-
ation is to be avoided.
Practice and Ethics in Forensic Animal Maltreatment Evaluations339
Objectivity
The AAPL and SGFP guidelines exhort us to strive for objectivity. What does
this mean? First, it means being true to the values shared by forensic profession-
als in relation to legal matters of an adversarial nature. The AAPL guidelines
state: “The adversarial nature of most legal processes presents special hazards
for the practice of forensic psychiatry. Being retained by one side in a civil or
criminal matter exposes psychiatrists to the potential for unintended bias and
the danger of distortion of their opinion. It is the responsibility of psychiatrists
to minimize such hazards by acting in an honest manner and striving to reach
an objective opinion.”
Implicit in this is the importance of minimizing harm to the evaluee by virtue
of any distortions we may import. Simply stated, we must leave our biases behind
when we do forensic assessments. The pathos created by appreciating the harm
done to the animal victims is a powerful source of potential countertransfer-
ence bias. In order to accurately assess an individual’s psychopathology and con-
vey an uncolored narrative, the ethical forensic professional will be mindful of
negative feelings and overcome them. Playing amateur prosecutor, for example,
defeats the principle of objectivity. In cases that are particularly horrific (e.g.,
prolonged torture of animals), this may be easier said than done. Such cases can
reasonably be expected to stir up intense feelings in the examiner, which may
pose a significant threat to the ability to be objective.
In such situations where pathos for animal victims might interfere with objec-
tivity, the examiner ought to consider declining the referral. An apt analogy
340 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
Some states that permit and/or mandate forensic animal maltreatment evalu-
ation restrict these assessments to juveniles. In addition to the general ethical
issues pertinent to forensic evaluation noted earlier, there are several impor-
tant ethical considerations that should be accounted for when the examinee is
a juvenile.
First, in terms of the notification of purpose, care needs to be taken to ensure
that any developmental limitations on the youth’s cognitive capacity are consid-
ered. For example, youth that are relatively younger (e.g., pre-adolescents) may
not have had prior experience with court-ordered evaluations and may make
unwarranted assumptions that the evaluator is in a helping role. This may be
especially likely for youth who have prior experience in mental health treatment.
The examiner should not underestimate the associational power of such things
as credentials on the wall, particularly for youth whose thinking may be con-
crete in nature. Additionally, younger children may exhibit the kind of acquies-
cence to authority and reluctance to acknowledge not understanding something
that are often seen in persons with intellectual disabilities. The point here is
that the ethical examiner should take care to ensure that explanations about the
nature and purpose of the evaluation, including confidentiality limitations, are
explained simply and that the youth’s understanding of such explanations is ver-
ified. Because the individual being evaluated is a legal minor, such explanations
need to include the appropriate legal guardian(s) as well, as these individuals will
likely be an important source of collateral information that may be included in
the report.
Second, in some cases, it may be advisable to administer a forensic assessment
instrument or a psychological test. For example, in evaluations in which there
is a suspected response style (e.g., malingering), it would be prudent practice
to address the concern with an instrument appropriate to the circumstances.
Practical considerations in making such assessment decisions are covered
elsewhere in this volume. From an ethical point of view, the availability and
Practice and Ethics in Forensic Animal Maltreatment Evaluations341
pet accumulation and maltreatment. In the easiest cases, such as intellectual dis-
ability (formerly mental retardation), capacity can be approximated or a categor-
ical statement made. In other areas, such as schizophrenia or autism spectrum
disorder, there is less scientific information to guide the testimony. This does
not mean that experts should not testify, only that pronouncements should be
modest and in keeping with general capacity guidelines. In addition, the expert
might want to confer with other experts, such as a veterinarian, shelter profes-
sionals, and animal-protection advocates. In this manner, the focus will remain
on the animal victims.
M I T I G AT I N G B I AS I N E VA LUAT I O N S
Both the SGFP and AAPL guidelines emphasize the critical importance of objec-
tivity in forensic evaluation. One of the most significant threats to objectivity is
bias. Black’s Law Dictionary defines bias as, “A predisposition to decide a cause or
an issue in a certain way” (Black, 1990). Bruner (1975) noted that a combination
of cognitive factors (e.g., expectations) and contextual factors combine with emo-
tional factors (e.g., needs and motives) to both determine and distort what people
notice and how they interpret what they see and hear. In this way, prior experi-
ences and individual beliefs can form the conditions in which biases can cloud
objective judgment. Research shows that people readily recognize confirmation
bias and related biases in others, but not in themselves (Pronin, Gilovich, &
Ross, 2004).
There are many different types of bias and strategies for minimizing the influ-
ence of bias on judgment (Croskerry, 2002, 2003), and the wise forensic practitio-
ner would do well to become familiar with them. For our purposes, we identify
three that are most pertinent to animal maltreatment evaluations. The first con-
cerns visceral bias, which refers to a tendency for affective sources, either positive
or negative, to influence decision making. It is very common for adults to have
had pets as a child and/or to have pets now, and anecdotal evidence would indi-
cate most such experiences were very positive. Some might argue that although
sheer exposure alone in the media has desensitized us to interpersonal violence,
the same is not true for acts of violence against animals. That is, it would be
considered normative for animal maltreatment to evoke feelings of outrage and
indignation, and such feelings could sway the examiner via visceral bias to be
less than objective when evaluating an individual who is charged with such acts.
Adding further fuel to this bias would be the view held by many individuals that
animals are by their very nature more “innocent” than would-be human victims,
who are sometimes viewed as being to blame for eliciting violence. This is an
all-too-common dynamic in domestic violence situations, in which the victim is
often led to believe that his or her behavior is somehow to blame for the perpetra-
tor’s violence.
The second type of bias is the fundamental attribution error, which refers
to the tendency to overemphasize person-centered factors and minimize the
344 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
favorable to the examinee. In this regard, forensic examiners who have prior
work experience doing ex parte evaluations should be familiar with even subtle
ways in which such arrangements can lessen one’s objectivity. The well-worn but
apt forensic maxim that in doing ex parte forensic evaluations, it is one’s time,
not one’s opinion, that is for sale should certainly be mutually understood and
agreed upon by all parties at the outset of the evaluation.
Finally, in the interests of minimizing bias and safeguarding objectivity in the
most thorough and even-handed manner possible, the examiner should care-
fully take into account the interests of the animal(s) that have been mistreated.
We are the first to admit that such a perspective may strike some as surprising,
and may evoke a bewildered sense of, “How am I supposed to do that?” among
forensic examiners new to this area. We submit that the question is not unlike
accounting for the best interests of other victims of abuse or neglect. We cer-
tainly do not intend to equate animal victims with children, or with older or
otherwise vulnerable adults who are victims of maltreatment. However, from a
clinical point of view, advocating for the unspoken needs of those who are most
vulnerable represents a value and practice that are embraced by many who do
forensic evaluations of victims.
Moore (2005) advances cogent arguments for affording animals protections
similar to those granted to other crime victims. From a legal perspective, a rea-
sonable argument can be made that animal anti-cruelty legislation has been
enacted to protect animals for their own sake rather than merely for advancing
the interests of the state. He notes also that the definition of “crime victims,”
while varying among the states, often goes beyond the person against whom a
criminal offense has been committed. For example, some states include govern-
ment agencies, neighborhood associations, corporations, and estates as poten-
tial victims, which would seem to establish a legal precedent for entities other
than human beings to be regarded as victims. Including protections for animals
as crime victims could be construed as a natural progression in the develop-
ment of legal thinking about and protection for victims. For example, laws have
been enacted in Spain and Switzerland in which animals have been accorded
a status beyond that of property. Importantly, Moore argues that maltreated
animals are voiceless and without legal advocates, and that law enforcement
methods and the legal protections afforded to victims of crime can and should
be extended to animals.
A concrete expression of this perspective can be seen in the highly publi-
cized case involving Michael Vick. In April 2007, the Surry County Sheriff’s
Department seized 53 pit bulls from Vick’s residential property in Virginia.
According to the facts set forth in court documents, these dogs had been sub-
jected to violent dogfights. As the case progressed, the United States District
Court for the Eastern District of Virginia appointed Rebecca Huss as the “guard-
ian/special master” of the dogs. The court reasoned that much like human vic-
tims of abuse, the dogs needed an advocate to represent their best interests
during litigation. As described by Huss (2008), the court asked her, among other
things, to make difficult recommendations about whether each dog should be
346 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
euthanized (as a result of its inability to interact safely with humans and/or other
animals) or given a second chance at life in a new home. This is but one example
of how one court responded to the many challenges associated with identifying
and advocating for the best interests of maltreated animals. Legislatively, bills
have been introduced over the years that have tried to mandate such provisions
by statute, but to our knowledge, at the time this manuscript was being prepared
none has yet been formally enacted into law.
One of the more difficult decisions that a court may face is what to do with vic-
tims of animal maltreatment, and whether or not to limit future animal owner-
ship on the part of the examinee. Patronek (personal communication, 2014) has
begun framing such considerations as “safety decisions.” To clarify, consider the
following example. Assume that an individual has been found guilty of mistreat-
ing some but not all of the animals in his/her possession. Should those animals
who have not been mistreated remain with the individual in question? Should
that individual be allowed to obtain new animals? While currently there may not
be well-established assessment practices for addressing such issues, we strongly
recommend that the questions be asked and considered from a risk assessment/
management perspective.
In addition to the ethical and bias questions discussed thus far, practice obviously
will be influenced by the models and methods that we can develop to perform
forensic assessments for animal maltreatment. This section offers general guid-
ance on how we can best develop those methods. It discusses the value of critical
thinking, drawing from general principles of forensic mental health assessment,
conceptual issues, existing models for animal maltreatment assessments, and
the admissibility of assessment evidence.
Critical Thinking
Although taking steps to minimize the impact of bias may help us avoid “getting
it wrong,” there are many additional steps that can and should be taken to “get
it right.” These steps are perhaps best understood under the rubric of critical
thinking. There are many different definitions of critical thinking, which can be
found in academic, business, and philosophical settings. Many of these defini-
tions focus on the key elements of the disciplined process of thinking that the
critical thinker uses to assess the validity of a claim. Most contemporary writers
in this area describe critical thinking as encompassing both skills and disposi-
tions, and the reader interested in a comprehensive account is referred to Facione
(1990).
For our purposes, a good working definition of critical thinking is offered by
Wade and Tavris (2005), who describe it as “the ability and willingness to assess
Practice and Ethics in Forensic Animal Maltreatment Evaluations347
claims and make objective judgments on the basis of well-supported reasons and
evidence rather than emotion or anecdote.” These authors have conceptualized
critical thinking as a process based upon eight tenets or premises: (a) ask questions,
be willing to wonder; (b) define your terms; (c) examine the evidence; (d) analyze
assumptions and biases; (e) don’t oversimplify; (f) consider other interpretations;
(g) avoid emotional reasoning; and (h) tolerate uncertainty. The recommended
approach for practice that incorporates critical thinking is simply that animal mal-
treatment evaluations account for and be inclusive of these tenets.
In terms of practical application of these premises, The Critical Thinking
Company (http://www.criticalthinking.com) suggests that there are 15 key abili-
ties or tasks essential to thinking critically, each of which is summarized below
along with specific operational recommendations that may be useful in animal
maltreatment evaluations:
is utilized to explain to the referral source the nature and limitations of psycho-
metric assessment.
Psychodiagnostic testing can offer valuable clinical information about
a defendant that is empirically grounded, as test responses are statisti-
cally compared to various normal, clinical, and/or criminal groups.
Interpretations of psychological tests are hypotheses and should not be used
in isolation from other information gathered for a particular evaluation. The
interpretive statements that are offered below are actuarial, research, and
clinically based inferences revealed by test scores and patterns.
Test results are probabilistic in nature and should be interpreted cau-
tiously. Given that test results address current functioning, it is impossible
to tell from test results alone if the patterns, symptoms, or deficits revealed
preexisted the events in question, if they were present during the events in
question, or are the sequelae of the events. Test results should ultimately be
interpreted within the context of multiple sources of data and the current
legal context.
Structured models of assessment for use in a forensic context differ from those
developed for use in a strictly clinical setting. However, clinical assessment
techniques, for example, the MMPI-A or MMPI-2 (Pope et al., 2006) or the
MMPI-2-RF (Ben-Porath, 2012), will often be a valuable component to a forensic
assessment, so long as the data are interpreted within the forensic context. To
assist in this conceptualization (as discussed in Heilbrun et al., 2009), Melton
et al. (2007) distinguish between clinical assessment instruments that do not
typically yield information relevant to the forensic question, forensically rele-
vant instruments that were developed for a clinical purpose but can address con-
structs that can be valuable in a forensic context, and specific forensic assessment
instruments that are developed to provide information specific to litigation.
An excellent example of a clinical assessment model is AniCare Child
(Randour et al., 1999). This model asks the treating clinician to use multiple
sources of data to assess both the child’s relationship to animals and the act of
maltreatment itself across multiple dimensions. The model is a compilation of
other therapeutic sources and while providing case illustrations, does not have
outcome data for them. Randour suggests that the child be assessed in the fol-
lowing domains: severity of abuse, culpability including developmental aspects,
psychodynamics and motivation, attitudes and beliefs, emotional intelligence,
family history, and mitigating circumstances. As a clinical model without nor-
mative data in the manual, this model is best conceptualized as a heuristic model
for conceptualization of assessment domains.
Instruments such as the Child Behavior Checklist, the Achenbach-Conners-
Quay Behavior Checklist (Achenbach & Rescorla, 2000), or the MMPI family
Practice and Ethics in Forensic Animal Maltreatment Evaluations353
in determining a matter that is beyond the ken of the average person (jurors
and judges), and forms the basis for evidentiary rules following Federal Rule
702 (the Daubert test [1992]). The function of the court as “gatekeeper” would
be to ensure that the proposed testimony has a reliable scientific basis and that
its helpfulness to the trier of fact outweighs any prejudicial effect on the jury.
All expert witnesses must be aware of the test for admissibility of scientific tes-
timony in their respective jurisdictions, as not all adhere to Federal Rules of
Evidence (FRE). While it is unlikely that there would be an evidentiary challenge
to a simple matter of a mental health professional testifying about the results of
a diagnostic examination that addresses the court’s concerns about, say, disposi-
tion, other issues may be on the horizon. The principle one is in the application
of novel assessment instruments that purport to measure specific capacities or
to make predictions. Thus, for example, if one were to develop an instrument
to determine the number of cats that could safely be housed by a person with
schizophrenia, there could be a challenge to the reliability of such a determina-
tion under FRE 702. In jurisdictions relying on “general acceptance” of a novel
scientific test (the Frye test [1923]), such an instrument may be barred.
At this stage in the evolution of diagnostic and capacity instruments in the
area of animal cruelty, the field should be open to testimony from mental health
professionals relying on general principles of human psychopathology and adap-
tation. However, it is not known whether the capacity question will lead to reli-
able quantitative analysis and recommendations. The expert witness may have to
address the court on whether the evaluee should be totally “abstinent” from pet
ownership (12-step model of addiction) versus a dimensional approach that looks
at actual capacity (a child-protection model). In the absence of published stan-
dards and guidance, the testifying expert may need input from animal-welfare
and animal-behavior professionals. Since courts will be relying on guidance
from mental health professionals, it is unlikely, in our view, that their testimony
will be barred if they stay within the domain of what is generally known about
human behavior. Novel theories, techniques, or measurements will have to be
addressed as they arise. In Daubert jurisdictions, where general acceptance is not
required, the question would be whether the testimony’s helpfulness to the court
is supported by some research or literature.
The job of assuring that courts have proper information from forensic
animal maltreatment evaluations is a job not only of the courts, but also of
individual examiners. The challenges in forensic assessment of animal mal-
treatment are many. A task this complex requires knowledge and skill to be
applied with diligence to be done properly. To assist the forensic examiner, we
offer a series of self-assessment questions that may provide a useful focus for
doing so.
The following questions are offered to forensic examiners to help them
decide if they and their methods are qualified for the particular issues raised
in various animal maltreatment evaluation cases. At the beginning of this
chapter, we noted the challenges and hazards of professional work being done
in an area that is relatively new, and suggest that the reader reference the other
356 F O R E N S I C E VA L U A T I O N S I N A N I M A L M A L T R E A T M E N T C A S E S
content in this volume as a good standard against which one could measure
one’s readiness to do these evaluations. As for specific training and experi-
ence, at this point in the development of forensic evaluation of animal mal-
treatment, it is difficult to nail down credentialing. Although it would not be
prudent for just anyone to do these challenging evaluations, that is a generic
concern. Recognizing that there are no clear answers to these questions, they
are offered to assist the animal maltreatment examiner in self-assessment of
one’s own practice.
C O N C LU S I O N
N OT E
1. In terms of nomenclature that refers to the person being examined, terms such as
“offender” would be appropriate for post-conviction evaluations, while terms such
as “defendant” would be a better for pre-adjudication evaluations. More neutral
terms such as “evaluee” or “examinee” could be used in evaluation reports associ-
ated with either phase.
R EFER EN C ES
Achenbach, T. M., & Rescorla, L. A. (2000). Manual for the ASEBA preschool forms and
profiles. Burlington, VT: University of Vermont Department of Psychiatry.
American Academy of Psychiatry and the Law. (2005). American Academy of Psychiatry
and the Law Ethics Guidelines for the Practice of Forensic Psychiatry, adopted May
2005. www.aapl.org/ethics.htm.
American Educational Research Association, American Psychological Association,
National Council on Research in Education. (1999). Standards for educational and
psychological testing (2nd ed.). Washington, DC: American Educational Research
Association.
Animal Legal Defense Fund. (2012). Animal Legal Defense Fund 2012 Animal Protection
Laws Rankings. http://aldf.org/custom/rankings/ALDF2012USRankingsReport.pdf.
American Medical Association. (2003). Current Opinions with Annotations of the
Council on Ethical and Judicial Affairs. American Medical Association: Chicago.
American Psychiatric Association. (2013). The Principles of Medical Ethics with
Annotations Especially Applicable to Psychiatry, 2013 Edition. http://www.psychia-
try.org/practice/ethics.
American Psychiatric Association. (2013b). Diagnostic and statistical manual of men-
tal disorders, Fifth Edition. American Psychiatric Association: Washington, DC. See
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