How is indecent exposure charged in the UK?

In the UK, there are a large number of different sexual offences that have been designed to keep people safe. One of these is indecent exposure, but very few people are actually aware of how the offence operates, or how someone would be charged or sentenced following an investigation. 

The moment you’re personally involved in such a case, it becomes critically important that you’re able to develop such an understanding. The article below provides an easily digestible introduction, but if you have already been charged or believe that you may face charges in the near future, it is of the utmost importance that you also seek counsel from a criminal defence solicitor.

 

How is the offence defined?

To understand how indecent exposure is charged, we need to understand what actions might constitute such an offence, and the legal framework under which charges might be brought forward.

Indecent exposure in the UK is primarily defined under section 66 of the Sexual Offences Act 2003. Under this act, someone is guilty of the offence of indecent exposure if they expose their genitals to other people, with the intention that this display would cause some kind of distress or alarm. Someone else does not need to have actually seen the genitals for the offence to have been committed – intent and exposure are enough. 

It’s important to note that this offence can be carried out digitally as well, through what is known as ‘cyber flashing’. In these circumstances, the only difference is that the genital exposure will be carried out by sending a picture or video, rather than in-person flashing. 

There are ongoing changes to the definition of this offence, with proposed changes including an expansion beyond alarm or distress to also include humiliation.

Example of indecent exposure

An example of indecent exposure can make it easier to understand the more abstract legal definition. 

A potential scenario could include a man who wants to cause shock. He chooses a hidden, secluded spot in a park, and waits for someone to walk past. 

When someone arrives, he exposes his genitals directly to them, waiting to see their reaction. Importantly, he would be guilty of the offence whether or not the passerby actually saw his genitals; it is enough that he intentionally exposed them, and intended to cause distress or alarm.

Potential variations

As mentioned above, it is also possible that these offences might be carried out digitally. As a result, it could also be the case that the offender exposed himself to a victim, either known or unknown, via a webcam. 

In the case that the offender intentionally exposed themself to certain particularly vulnerable individuals, such as children, it’s likely that it would be considered an aggravated offence and be sentenced accordingly.  

 

Where an indecent exposure charge would not apply

There are plenty of situations where someone could expose their genitals in public, but likely not be charged with an offence of indecent exposure. A few of these are worth pointing out: 

• If someone urinated in public and, in doing so, exposed their genitals, they would likely not be charged with indecent exposure. It’s possible that they would face an FPN if they committed a public order offence, but if the intent was not to cause distress, indecent exposure would likely not apply. 
• If someone exposed their genitals accidentally, they would not have committed an offence in the UK. Again, the lack of intent changes the nature of the action in the eyes of the law.

There are plenty of other situations where exposure may occur, but where charges of indecent exposure would not be brought forward. If you have specific questions about a situation you were involved in personally, it’s always worth reaching out to a criminal defence solicitor, so that you can get their professional opinion.

 

CPS charging criteria

The actual prosecution body that will decide whether to charge a potential offender or not is the Crown Prosecution Service (CPS). 

To decide whether or not it’s a good idea to charge someone who has been investigated, the CPS will complete the two-stage test. 

The first part of this is evidential. Here, they will determine whether they have sufficient evidence to have a realistic prospect of conviction. In an indecent exposure case, this might include witness statements and potentially also photographic evidence. If the CPS do not believe they have sufficient evidence, they will not charge. 

The second part of the test is to assess whether prosecution is in the public interest. This part of the process will centre on how serious the offence was, the impact it had on the community, and the harm caused to the victim. With indecent exposure cases, it may also consider the ongoing harm that would occur should the behaviour continue. 

In short, if there is enough evidence to likely prove that you committed the offence, and it is in the public interest to do so, you will likely be charged.

 

Sentencing guidelines

According to the sentencing guidelines, those found guilty of indecent exposure under section 66 of the Sexual Offences Act 2003 can face a maximum sentence of 2 years in prison, with an offence range of between a fine and 1 year in prison.

Impacting factors

When determining an appropriate sentence, the court will first assess both harm and culpability to determine the offence category.

Factors that might raise harm include where the offender pursued the victim, or where they masturbated. 

Factors that could raise culpability include those where the victim was particularly vulnerable, the use of threats, the abuse of trust, or the offence being racially or religiously aggravated. 

Indecent exposure is clearly a very serious offence to find yourself charged with, and it is imperative that you seek legal counsel at the earliest opportunity available to you. It is important both that you limit any further damage you could do to your case, and that you have sufficient time to work together with your legal team to build a durable defence strategy.