Is Sex in Public a Criminal Offence?
Sex is something that, for many, is a taboo subject, and as a consequence, there may be some confusion as to whether this act is considered a criminal offence in public. There are many instances of people having sex in a public setting, but is it illegal?
Is it Illegal to Have Sex in a Public Place?
Sex is not a criminal offence, however, sex in public could be classed as a criminal offence because a sexual act could fall into one of different types of offences:
Indecent Exposure
As per the Sexual Offences Act 2003, this is where a person intentionally exposes their genitals and they intend for somebody to see that which could cause alarm or distress. Indecent exposure is classed as a criminal act because of the intent aspect which falls under the act of having sex in public. If somebody accidentally exposes their genitals, this is not considered indecent exposure, which is why an individual caught having sex in public is classed as intentional.
Public Indecency
Public indecency refers to actions that are considered to be lewd, disgusting, or obscene and can outrage standards of public decency. However, it is worth noting that it is not necessary for a particular member of the public to be outraged in order to be convicted of public indecency.
What Happens if You Are Caught Having Sex in a Public Setting?
Although there are no specific laws against having sex in a car, if the car is in a public space and the people are caught, this is classed as a criminal offence. Additionally, the circumstances of the sex act in the car could result in additional charges. For example, if the engine was on or was being driven, this could also result in charges of dangerous or careless driving.
Is it Possible to Be Charged for Sex in Public When in Our Own Homes?
This will depend on the context. For example, in a garden or with the knowledge that neighbours can see you, this could result in indecent exposure or a public indecency charge. Additionally, if you are aware that somebody can see into your home and you perform certain actions intentionally, this could result in a charge as well.
Being charged for sex in public can result in a lot of stress, which is why it’s always essential to have the right legal support on your side.
