Sex outside and the law

Sex Tips & Talk
1

We've all had a fondle outdoors but the legal line is crossed when your act is deemed 'indecent'.

Does anybody know of a reliable and up to date source (other than reading the entire Sexual Offences Act 2003)?

My initial google search found this; The law doesn't outlaw sex. What it does outlaw, though, is indecent exposure in a public place. This means that, if you're caught having sex or performing another sexual act and the person takes offence and reports it, you and your partner risk a maximum of 6 months in prison or a £5,000 fine - so it's worth being careful.

But the law also says that you should act within the boundaries of taste and decency - this basically means that if you have sex in an isolated place, where you can expect not to be disturbed, then it's fine.

Said text was published in 2009, so I wonder how reliable it is. We should all be kept up to date!

March 2012

2

I'm not sure exactly - but often when it comes to interpretation of the law it falls to case law to set the precedent. Once someone has been tried for something and found guilty then that interpretation of the law becomes more rigid (I'm sure SL will correct me if I'm wrong) but it's certainly an interesting topic! I hope you get your answer.

Adx

3

I heard of the mental heath act 2005, where a judge can make choices for someone thats deemed incapable, like recieve treatment, and a judge had banned one guy from having sex with another person! because he has mild learning problems and a low IQ so the judge made a choice for him not to have sex even in his own bed! and is illegal to break the court order and face 5 years! so anything possible in the UK! but there are place were naked people hangout and walk in the outdoors!

4

I think 2009 is the most up-to-date one

5

back to sex outside, enjoy but don't get caught

6

A few things to deal with here, I've quoted KG but attempted to answer the questions brought up by others as well

Kinkygentleman wrote
. The same Act also prohibits a person from having sex with any person who has a mental condition which 'impedes choice'. It does not specify exact mental conditions.

the 2003 act explains sex with someone who is "mentally unfit" at S30. entrire act here, s30 selected http://www.legislation.gov.uk/ukpga/2003/42/section/30

it's lacking the capacity to choose and to be able to communcate that choice.

There are also limits on whom the court sees to be mentally unfit in different statutes, and several tests that can be done before any court case ( remember even if the person is mentally fit it's still rape). the reason it's not described there is because sexual cases are very subjective and it may protect someone who is not protected otherwise.there's also charges against a person in a position of trust which would apply in these kinds of cases.

there's also a whole section on sex in a public lavatory http://www.legislation.gov.uk/ukpga/2003/42/section/71 which replaced a 1997 statute (law) but generally if it is an act capable of causing offense then it's illegal. Offense is to a reasonable person, or as one judge put it " the man on the Clapham omnibus"

sex in public is generally illegal, if you get caught - which in reality depends on where you do it and at what time and basically luck. As for Scentencing it depends on a whole range of things including what you are charged with, who was involved and how severley it's affected people. If you want more info on scentencing ranges the Scentencing guidelines council has a pdf entitles "sexual offenses act 2003" though it is full of legalese

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Adnaw

you are right that Case law does set precedent but it takes a while, something enacted in 2003 won't have a lot of things reported on it, and the courts have operated on similar systems for years. While the law can become more rigid it can also become more lenient and flexible! Precedents dont usually change statue words, just their interpretation and meaning. (it's complicated at times but interesting for historical reasons)

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Sexual offenses 2003 isn't the newest law regarding sex as there's parts of the criminal justice and immigration act 2008 that makes owning "extreme" porn illegal. this coveres BDSM acts that it's legal to do like sarification ( cutting) but illegal to watch. It also makes comic books like watchmen illegal. This law is one that is very contencious but has room to develop in coming years

7

alwayssingle:( wrote:

but there are place were naked people hangout and walk in the outdoors!

Aren't these generally restricted areas? Either privately owned, or with special lisences/agreements?

Either way, naked doesn't always mean sex.

8

ShaftMaster wrote:

alwayssingle:( wrote:

but there are place were naked people hangout and walk in the outdoors!

Aren't these generally restricted areas? Either privately owned, or with special lisences/agreements?

Either way, naked doesn't always mean sex.

exactly. naked does not mean sex.

naturist groups usually meet on privateley owned land ( you can do what you want on your own land more or less with the law)

there's no need really for any liscences, so long as you do not cause offense. even naturists can be arrested for public disorder if someone phones the police.

9

Not really looked into this but it is probably worth noting that the law in England/Wales varies in many cases with the law in Scotland.
So it would be interesting to know if there are any differences between the two.

10

exactly. naked does not mean sex.

naturist groups usually meet on privateley owned land ( you can do what you want on your own land more or less with the law)

I used to go in saunas in Germany quite often ......enjoyable but not in any way sexual, people judge a lot by clothes and appearance, without clothes you lose part of your identity and i must say i felt vulnerable in a strange way.

11

Useful info on http://www.thesite.org/homelawandmoney/law/yourrights/sexinpublic

To answer your OP - To check whether a particular Act has been modified you can check on a statute updater http://www.legislation.gov.uk/changes to read case law interpreting the law you would need to visit a law library or subscribe to an online case law digest (not all cases are reported though)

Sex in public places

Whether you fancy getting jiggy in the woods, local park, or even your back garden, you're in legally murky waters. The Sexual Offences Act (2003) doesn't legislate specifically against sex in public places, but that doesn't make it legal.

Public order offences exist to guard against outraging taste and decency. There are http://www.lawcom.gov.uk/docs/cp193.pdf about where you can get it on. Sex in private dwellings (such as your house) is fine, even if it's in your front room with the windows open. But public settings (like shagging in the supermarket aisle), funnily enough, aren't legal. "In public" means the conduct must happen in a place where there is a high possibility of at least two members of public possibly seeing it (thus the supermarket-shagging ban).

But sex in isolated places is technically OK, so long as you have a reasonable expectation of privacy - and, of course, you don't get spotted.

Another part of the Act to watch out for is http://www.thesite.org.uk/homelawandmoney/askthesiteqandas/legalandrightsqandas/hideyourloveaway. The Sexual Offences Act deems it illegal to trespass onto somebody else's property to get it on, any time day or night. This includes outdoor places as well as buildings.

Police will usually only act on a complaint from a third-party or witness. So, if you're not rumbled, your al fresco fumble should be fine. But be careful.

12

This is something we should all be aware of - and many of us do it yet the info regarding the law isn't easily available. I feel there should be a reliable source made for us - and one that is kept up to date. Ignorance is not bliss when you're banged up for the night with a criminal record threatening your job.

13

All good info to take notice of. I would love to grab my girlfriend some night somewhere out the way and take her while the fresh air wrapped around us. It's just tricky to find places where i know for sure no-one will walk past but it's on my "to do" list :P

14

I'm really interested in this since well id hope that people would could figure out how to stay out of the way but some guy was caught masterbating outside my mothers work in the long grass, hes not all quite there in the head, but he was charged and his defence was a cctv camera isnt a person so no one actually witnessed it. Ps it was during office hours and its like a few hundred feet from our local college and some garages and a dance unit thingy So he could have easily been witnessed by a few hundred people lol.
BUT ive also heard of people being caught several miles up a backround in a turn in parked behind trees in the pitch black being put on the register because the police drove by what they thought was an abandoned vechile (so really they didnt actually think anyone was at it when they stopped) and knowing where they were its almost invisible from the road in day light! so it was sheer bad luck

Neither were me but people i went to school with, Yes ive done it never been caught but id be afraid after hearing the cases just incase haha, as i knew the if they cant see it as offensive and well as far as i knew miles from anywhere isnt likely to be seen!

also people in campsites have been threated with charges due to silhouettes

15

Juan wrote:

Public order offences exist to guard against outraging taste and decency. There are http://www.lawcom.gov.uk/docs/cp193.pdf about where you can get it on. Sex in private dwellings (such as your house) is fine, even if it's in your front room with the windows open. But public settings (like shagging in the supermarket aisle), funnily enough, aren't legal. "In public" means the conduct must happen in a place where there is a high possibility of at least two members of public possibly seeing it (thus the supermarket-shagging ban).

But sex in isolated places is technically OK, so long as you have a reasonable expectation of privacy - and, of course, you don't get spotted.

Another part of the Act to watch out for is http://www.thesite.org.uk/homelawandmoney/askthesiteqandas/legalandrightsqandas/hideyourloveaway. The Sexual Offences Act deems it illegal to trespass onto somebody else's property to get it on, any time day or night. This includes outdoor places as well as buildings.

Police will usually only act on a complaint from a third-party or witness. So, if you're not rumbled, your al fresco fumble should be fine. But be careful.

public order offenses could still render you liable if you were shagging in full view of your unobstructed downstairs window, again if you were causing offense to others. ( and there's a tort (common law) of nuiscance which is complicated and a civil matter)

and its generally illegal to go onto anyones land without permission, that's basically all the law on trespass is

16

sweetlove666 wrote:

Juan wrote:

Public order offences exist to guard against outraging taste and decency. There are http://www.lawcom.gov.uk/docs/cp193.pdf about where you can get it on. Sex in private dwellings (such as your house) is fine, even if it's in your front room with the windows open. But public settings (like shagging in the supermarket aisle), funnily enough, aren't legal. "In public" means the conduct must happen in a place where there is a high possibility of at least two members of public possibly seeing it (thus the supermarket-shagging ban).

But sex in isolated places is technically OK, so long as you have a reasonable expectation of privacy - and, of course, you don't get spotted.

Another part of the Act to watch out for is http://www.thesite.org.uk/homelawandmoney/askthesiteqandas/legalandrightsqandas/hideyourloveaway. The Sexual Offences Act deems it illegal to trespass onto somebody else's property to get it on, any time day or night. This includes outdoor places as well as buildings.

Police will usually only act on a complaint from a third-party or witness. So, if you're not rumbled, your al fresco fumble should be fine. But be careful.

public order offenses could still render you liable if you were shagging in full view of your unobstructed downstairs window, again if you were causing offense to others. ( and there's a tort (common law) of nuiscance which is complicated and a civil matter)

and its generally illegal to go onto anyones land without permission, that's basically all the law on trespass is

I looked into common laws when researching about sex, and outside acts in general. So many places in the UK are private, even the one's you'd think are public, like beaches, woodlands, footpaths, etc.

I really like reading law and should update my blog post about outside sex soon.

Sadly Kinkygentleman, well, it depends where the van is parked, they may own the van themselves, but the area might be privately owned etc. Though saying that, being nude, or having sex in your living room can be prosecuted if someone can view it and complains.

17

There are some privately owned places you can go and have outdoor sex, I'm sure there's a swingers club somewhere in north yorkshire with it's own grounds that has a dogging site. You have to be a club member to use it. I think it may be something thats on the rise as more people are sexually liberated. Having said that, you can apply for a licence to run a club where there is sex, I'm not sure how they decide which places need licences and which don;t but I know in Darlington they have a policy that a club can have a BDSM licence, sex licence, or alcohol licence, but not more than one at the same time. Party poopers, who are they to make moral judgements on others :/

18

@Lilac_vix - I didn't even know that! I'm up on my alcohol license (since I have my personal license) but was unaware of the sex/bdsm license. Makes for interesting reading.