Sexual Activity in a Public Lavatory
Sexual Activity in a Public Place
There may be many reasons why people choose to have sex in a public lavatory, however, under Section 71 of the Sexual Offences Act 2003, it is a criminal offence to intentionally engage in a sexual activity in such a place.
Sexual intercourse in other public settings may also constitute a criminal offence under separate provisions, including outraging public decency or indecent exposure.
Outraging Public Decency
Outraging public decency is a common law offence which makes it a criminal offence to do something “lewd, obscene or disgusting” within view of the public. A person may be charged with this offence if it is believed that individuals had sex in a public place, or in a location accessible to the public, where there was a possibility that it could have been witnessed.
Should you be charged with outraging public decency, it is a triable either way offence which means it can be dealt with in the Magistrates’ Court or the Crown Court. The penalties, if convicted, could include imprisonment, a fine, or both. Our experienced lawyers have extensive experience assisting individuals facing a wide array of sexual allegations or charges.
Our Lawyers Will Support You
If you are facing allegations of sexual activity in a public toilet or outraging public decency, our advice is not to navigate this complex and challenging situation alone. The lawyers at KANGS understand that every case is different, and take the time to listen to your account, analyse the evidence, and tailor our defence strategy to your specific circumstances.
From the initial consultation through to police interviews and representation at Court, we make sure you understand the details of your case and explain the legal options available to you.
Our team will carefully examine all evidence, including witness statements and relevant materials, to challenge the claims, question the motives behind the allegations, and identify any inconsistencies or weaknesses in the prosecution's case.
Contact us for a confidential consultation. Our experienced team is here to guide you through every step of the legal process and fight for the best possible outcome. For further information please see our Frequently Asked Questions.
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How can KANGS help?
Our team of specialist solicitors provide the following services:
- Initial Consultation and Legal Advice: Confidential consultation to discuss the case details, provide an initial assessment and advise on legal rights and options.
- Police interviews: representation during police interviews, ensuring our client's rights are protected.
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- Representation at a voluntary interview under caution
- Representation at an interview under caution following arrest
- Preparation of pre-charge representations to the CPS or Police
- Representation in Magistrates’ Court and Crown Court proceedings
- Recommendations on selecting a barrister or King's Counsel (KC), as the cross-examination of the complainant and other prosecution witnesses often plays a pivotal role in court proceedings.
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
Sexual Activity in a Public Lavatory Law Explained
The offence of sexual activity in a public lavatory is defined under Section 71 of the Sexual Offences Act 2003 as:
(1) A person commits an offence if:
- he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,
- he intentionally engages in an activity, and,
- the activity is sexual.
(2) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.
What is outraging public decency?
The offence of outraging public decency can be wide-ranging and encompasses behaviour that is considered ‘lewd, obscene or disgusting’ in a public place and in front of two people or more. It typically it involves acts of a sexual nature, however, it may also include conduct such as urinating or defecating in view of others or passersby, amongst other behaviours.
An important aspect of the offence to note is that it is irrelevant whether anyone saw the act, the mere realistic possibility that they could have been seen is sufficient.
What is the sentence for outraging public decency?
As previously mentioned, outraging public decency is a common law offence ordinarily dealt with in the Magistrates’ Court, where the sentence can be a prison sentence and/or a fine. However, in more serious cases, the matter may be prosecuted in the Crown Court, where the sentences are more severe, such as longer prison terms.
Should I contact a solicitor?
It is imperative that you instruct an experienced solicitor as soon as you become aware of an allegation being made. Crucially it is always important to have a solicitor present in interview at the police station whether it is an interview by appointment or under arrest.
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