Legal Rights – Legal Wrongs

Is nudity against the law?
Those who are interested in naked living will be pleased to know that there is no general law that prohibits nudity at anytime or anywhere in the UK. Something that is not prohibited by law is legal. Great! You may think. But the law is not quite as simple as that.

The myth of “indecent exposure”
There is a common misconception that the exposure of the female breasts, the male genitals or the buttocks of either sex is deemed in law as “indecent exposure” but this is not the case; the very old and ambiguous “indecent exposure” laws have been repealed and replaced by the relevant parts of the Sexual Offences Act 2003 which states:

Sexual Offences Act 2003
Sec 66 Exposure A person commits an offence if,
(a) he intentionally exposes his genitals, and
(b) he intends that someone will see them and be caused alarm or distress.

Since there is a need to intend to cause alarm or distress, one could safely assume that any decent law abiding naturist could carry out his business free from intervention from the law. Sadly though, this is not the case.

Assumed indecency and the abuse of power
There is an assumption in society that the human body itself is indecent and therefore the sight of it is offensive. Such and idea that ones own body is indecent is of course utterly absurd but those who harbour that idea may seek to vilify or otherwise harass those who do not share their values. When officials such as members of the police force hold this view it can lead to an abuse of power.

Persecution of naturists
Many police officers will understand the law and realise that they are unable to take any action against naturists. But there are also those who while realising that naturists are not breaking the law, will try to use alternative legislation to persecute, the most common examples are:

Breach Of The Peace
The police may use this if they feel that there is a threat of violence to persons or property or if continued behaviour may lead to violence from others. Being naked does not lead to being violent and if there is a threat of violence toward the naturist, surely it is the victim who should be protected. When used against someone for being naked, it is an abuse of power.

Public Order Act Section 5
A person is guilty of an offence if he
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

If this piece of legislation is used it can only be on the assumption that nudity is in some way threatening, abusive or otherwise insulting or that the behaviour of the naked person is disorderly. These ideas are formed either on prejudice, or on ones own absurd idea that the human body is in some way indecent. When used against someone for being naked, it is an abuse of power.

Please note: This is my own interpretation of current law and since I am not a lawyer, it should not be relied on. Further information is availble at http://www.opsi.gov.uk