A whole range of terms are thrown around in our day-to-day lives. While slightly less common than other phrases, the concept of indecent exposure is unlikely to be one which people are primarily familiar with from a legal point of view, but a legal perspective can become important.
This may be unnecessary for the majority of us most of the time, but the second you become legally involved in such a situation, this changes. If you find yourself involved in a case of indecent exposure, read on for a breakdown of the topic from a legally informed perspective, from the legal definition to when you should reach out for advice.
Legal definition of indecent exposure
Legally speaking, indecent exposure is defined under section 66 of the Sexual Offences Act 2003. According to the act, it is an offence to expose one’s genitals to people, with the intention that the person who sees the genitals should experience some kind of alarm or distress.
While there are currently changes in place that stand to expand the legal definition of the offence of indecent exposure, the above definition is as things stand right now.
As is the case with many criminal offences, there is a lot of emphasis placed on intent. Proving that the accused intended to cause alarm or distress will often be a central aspect of any prosecution or defence, as we’ll see later on.
Real-world examples of indecent exposure
Compared to some legal definitions, the technical definition of indecent exposure isn’t too difficult to apply to more real-world scenarios. Still, it can be beneficial to ground these abstract definitions in more real-world situations.
A potential example of indecent exposure could be as follows. Someone goes around a city centre, following people who they choose as their target, and then chooses a moment that they believe will be distressing or alarming to expose their genitals to the victim.
Scenarios that aren’t indecent exposure
What can be more helpful is to have an understanding of situations where genitals are exposed in public, but where the person involved would likely not be found guilty of indecent exposure. These include:
- A situation where someone is urinating in a public space, but where the defendant believed that they were hidden from sight. They may be found guilty of another related offence, but likely not of indecent exposure, as the intent to cause alarm would not be present.
- A scenario where someone’s genitals were exposed in a public space, but where that exposure was unintentional. For example, this could be due to a rip in someone’s trousers or underwear.
- Situations involving naturism (the practice of incorporating nudity into one’s daily life). In these situations, the court will try to balance the defendant’s right to freedom of expression, with the public’s right to protection against harassment. These kinds of cases can be exceptionally complicated, as seen in a number of historical high-profile cases.
If you are involved in a case of indecent exposure, your solicitor may take you through any of these potential scenarios that may be related to your case, to identify potential defences.
The importance of avoiding contact with the victim
With any crime involving a specific victim, it is imperative that the defendant does not try to reach out to them. This applies to cases involving indecent exposure as well. While you may believe that you can make the situation better, this will almost never be the case.
Even with the best of intentions, trying to change the victim’s mind about something will almost always be used against you by the prosecution, and will make it much more difficult to successfully defend your case. If any form of contact is appropriate, it will need to be carried out via your solicitor using the appropriate channels.
Sentencing for indecent exposure
Indecent exposure may seem like a relatively benign matter, but as we’ll see in the sentencing guidelines, this couldn’t be further from the truth. Those found guilty face a sentence of up to two years in prison, with an offence range of between a fine and one year in prison.
For a defendant to face a sentence towards the upper end of that range, they would likely have had to have pursued a specific victim, and potentially engaged in masturbation as well.
They must also likely have had to have chosen a victim who was particularly vulnerable, used a position of power, or been motivated by some kind of protected or vulnerable characteristic, such as religion, sexual orientation, or race. Your lawyer will be able to go over these factors with you, to see if any apply.
When to reach out for assistance
While it’s valuable to carry out preliminary research, by reading articles such as this one, it’s important to know when to seek further assistance.
If you have been involved in a case of indecent exposure, and you believe that there’s any possibility that you’re either under investigation or facing a charge, then it’s important that you contact a criminal defence solicitor as soon as possible.
They will be able to limit any further damage that you might inadvertently do to your case, while simultaneously helping you to navigate the best route going forward.
These kinds of cases aren’t a small deal – if found guilty, you could face a serious custodial sentence. To minimise the chances that you end up in an unfavourable and likely avoidable legal position, reach out for legal advice before it’s too late.
Are you facing indecent exposure charges? For further advice specific to your charges, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also contact our team of solicitors directly.
