|Posted by sunaked on July 15, 2015 at 4:35 PM||comments (0)|
THIS IS NOT LEGAL ADVICE - JUST MY VIEW!
"You can't go naked in public!".
Well, it seems legally you can. It's a grey area for sure though. The problem lies, as I understand things, in "intent". If it is your intent to ...here we go..shock, threaten, frighten, annoy, harass, alarm and/or distress then yes, it's an offence. The wording in this law has recently changed to "...alarm and/or distress" So, on a recognised nude beach, obviously nakedness is OK. However, other laws of the land still apply. For example, reading a book, eating your lunch, naked, that's fine. Overt sexual behaviour - not so clever.The laws of outraging public morals, insulting behaviour and indecent exposure (e.g.. an erection) still apply. Proving intent though is tricky. Just ask a three year old who has just tipped his dinner down his front! "I didn't mean it!"
Now - consider this. Being naked at popular beach (Bournemouth for example) is not a good idea. But at Birling Gap, a well known nude beach where a dozen people make relatively crowded, nakedness is the done thing. It's not compulsory, of course. I was there last week and walking to the naturist area, the first naturist was a rather lovely lady! Unusual. But some walkers ambled down the beach later, saw her and turned back. Why? Is nudity that shocking..or were they simply respecting her privacy? I don't know. Only they do, of course.
One thing for sure - if you ever go naked and anyone asks you to "cover up" - you are compelled by law to do so. That's reasonable.
Having sex in a public place (the picture is of a cocktail "sex on the beach" - amusing, eh?) is not an offence if the defendants (slightly out of breath and red faced!) can show they expected "reasonable privacy". But who decides "reasonable privacy"? Using Bournemouth as an example, a crowded beach at 2 pm on a sunny Sunday in July would not qualify. Birling Gap at 03:30 would, in my view.
Here's a quote from The Daily Post, a newspaper in Wales. The article was about Newborough beach, and I quote " According to the Crown Prosecution Service, naturists shouldn’t be prosecuted unless they are involved in an offence other than public nudity." That seems to seal the deal! Further, here's a piece from The Guardian newspaper; "Being naked in public is not illegal in England, Wales or Northern Ireland, provided you show consideration for others, though there are two acts you run the risk of coming up against: the 1986 Public Order Act and the 2003 Sexual Offences Act. Avoid causing harassment, alarm, or distress, and don’t be a pervert, and you should be fine. The laws are different in Scotland, which is partly why Stephen Gough, the naked rambler, has done so much jail time. For England and Wales, the Crown Prosecution Service’s guidelines are reassuring: “A naturist whose intention is limited to going about his or her lawful business naked will not be guilty” of an offence.
For naturists, the relevant legislation is found in the Sexual Offences Act 2003 section 66.
Further, there is a College Of Policing guide to nudity; here it is.
http://library.college.police.uk/docs/nudity.pdf ; - just copy into your browser.
Essentially it says public and private nudity is legal in itself; it lists some activities that are legal; swimming, cycling, gardening for example. The link contains a flow chart for officers receiving phone calls. e.g. "Is the person naked?" "Yes". "Is that person indulging in any offensive behaviour?" "No." "In that case, that person is within the law. Goodbye!".
How did you find naturism was for you?
Oddly enough it was my mother's death! At the time (1981) I was a keen Formula One fan. When mum died, she left the house to my brother and I. So, I went on my first holiday abroad to Southern France. One of the local beaches was a tad crowded so I scrambled over a rocky headland to find a nude couple. The lady was paddling, the man was reading. I thought...
"Why not?"! Sadly my wife at the time was totally anti-naturism so no nudity on that holiday.
In fact I have never had a partner to go to nude beaches with!
The next trip away I discovered Agios Prokopios on Naxos, Greece,
But what does "naturism" mean to you? Are you naturist or nudist? For me there's a difference.
Naturist - appreciates and cares for the environment, takes care about diet, non - smoker and more; Nudist - someone who likes to be naked, full stop. That's today's discussion point!
World Nude Gardening day is the first Saturday of May every year. Not many people know that.
Please clear up!
Naturist beaches in the UK are few and far between. So it makes ever more sense to take your litter home! I really don't want to be surrounded by cigarette ends (Yuk!), sweet wrappers and so on. Just show consideration for other beach users - whether human or otherwise. Thank you.