Many people investigated for indecent exposure or outraging public decency do not appreciate that their behaviour may be construed as a sexual offence. Allegations can arise from behaviour that was misunderstood, ill-judged or simply taken out of context, rather than from deliberate sexual wrongdoing.
Cases are sometimes investigated following situations such as:
- Allegations of “flashing” where the facts are disputed
- Sexual activity in a parked car or secluded outdoor setting
- Urinating in a public place after leaving licensed premises
- Changing clothes in a location visible from a public area
- Conduct intended as humour or attention-seeking that is interpreted as sexual
- Behaviour perceived as a sexual advance where another person reports feeling alarmed or offended
- Movement or behaviour that is interpreted (sometimes incorrectly) by a witness as sexual or masturbatory
Reports described as ‘flashing’ are now treated extremely seriously by the police, with many cases proceeding to prosecution. Both offences can carry lasting consequences, including the risk of imprisonment and, in some cases, inclusion on the Sex Offenders Register. Allegations frequently turn on fine factual distinctions, particularly around intention and visibility, making expert advice from a specialist solicitor essential.
We specialise in defending indecent exposure and outraging public decency allegations, and our team has encountered every scenario imaginable. We are often instructed at an early stage, while a person remains under investigation, providing proactive defence advice designed to influence the direction of a case before any charging decision is made. Whether you require representation at the police station, during the pre-charge stage, or in court proceedings, our solicitors are able to assist you at every stage of the process.
For immediate advice, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].
The Law and Defence Strategies
Indecent exposure is an offence under section 66 of the Sexual Offences Act 2003. To secure a conviction, the prosecution must prove that the defendant intentionally exposed their genitals and that they did so intending that another person would see them and be caused alarm or distress.
Common defence scenarios include:
- Lack of intention to cause alarm or distress. The central issue is often whether the prosecution can properly prove the required intention, particularly where the exposure could have arisen from carelessness, accident, or a misjudgement rather than a deliberate attempt to cause distress.
- Factual dispute as to what occurred. In some cases, the defence challenges whether the conduct alleged took place at all, or whether what was observed has been misunderstood or wrongly characterised by witnesses.
Where intention to cause alarm or distress is disputed or difficult to establish, it is not uncommon for the police or prosecution to consider outraging public decency as an alternative charge, as that offence does not require proof of intention to cause alarm or distress.
Flashing
‘Flashing’ is not a separate criminal offence. It is the commonly used term for allegations of indecent exposure.
In recent years, and particularly following heightened public concern, police forces now treat reports of alleged flashing with significant seriousness. Complaints are often acted on swiftly, sometimes resulting in arrest at an early stage of the investigation.
These cases are often highly sensitive, and early legal advice is important to ensure that allegations are properly analysed rather than accepted at face value.
Outraging public decency differs to indecent exposure as it does not require the prosecution to prove that the conduct was intended to cause alarm or distress. This means that is a broader in scope.
The prosecution must prove that the act was lewd, obscene, or disgusting, and that it was capable of being seen by at least two members of the public.
This offence is frequently charged in cases involving alleged masturbation in a public place. It is crucial to analyse the strength of the evidence. Common weaknesses in prosecution cases include:
- observations made briefly or in passing
- conduct seen from a distance or at an angle
- assumptions drawn from posture or movement rather than clear acts
- limited lighting or partial obstructions
- a lack of corroboration beyond a single account
Consensual sexual activity between adults can still give rise to criminal allegations if it takes place in a location deemed to be public, and is capable of being seen by others.
These cases often hinge on whether the location was genuinely private, what could realistically be seen from public areas, lighting, sightlines, and time of day, and assumptions made by witnesses or police.
Frequently Asked Questions
Section 66 of the Sexual Offences Act 2003 sets out the offence of indecent exposure. A person commits the offence if:
- They expose their genitals, and
- In doing so, intend to cause alarm or distress.
Exposure can be done by a man or a woman and in a public or private setting.
This is a wide-ranging offence that covers doing anything lewd, obscene, or disgusting in a public place (in front of two or more people). Examples include:
- Having sexual intercourse in a public place.
- Defecating or urinating in public.
- Masturbating in public.
- Posting obscene material online.
Flashing is the colloquial or slang term for indecent exposure.
Cyber-flashing typically involves a person sending an unsolicited sexual image to others via social media or dating apps. Images can also be sent via data-sharing services such as Bluetooth and Airdrop. In many cases, a preview of the photo can appear on a person’s device – meaning that even if the transfer is rejected, the person being sent the image has no choice but to view it.
Outraging public decency can encompass exposure; however, the former offence can only be committed if the act is done in public, indecent exposure can happen in a private setting.
Yes it is possible, albeit that may mean you have been ‘over charged’. The Crown (CPS) Would have to show:
- They have enough evidence to achieve a “realistic prospect of conviction”, and
- It is in the public interest to prosecute you.
For both offences. This test is known as the Charging Standard. Our Sexual Offences Solicitors will challenge this wherever possible to try and prevent a formal prosecution being brought against you.
If you have been convicted of indecent exposure you may be given a fine and/or a Community Order. However, if you are a repeat offender or the circumstances are particularly severe, you could go to prison for a maximum of two years.
The sentence for outraging public decency is normally heard in the Magistrates’ Court and conviction can lead to up to six months’ imprisonment. Typically, the sentences involve a fine and/or a Community Order or a short custodial sentence.
A Sexual Offences Solicitor can come straight to the police station following your phone call. They will then take control of the situation by:
- Checking your rights have been observed, for example, you have been given something to eat or drink, allowed to go to the toilet, and have been allowed to contact someone to bring in any medication you need.
- Look at the circumstances of your arrest to ensure proper procedures were followed and the arrest was lawful.
- Talk to the Custody Officer and Investigating Officer to find out what evidence the police have for holding you.
- Advise and represent you during a police interview.
- Arguing that you should be released without further charge. If Pre-Charge Bail is proposed, your Solicitor will challenge the police as to whether pre-charge bail is necessary and proportionate.
- After you are released from the Police Station they will work with you to seek to persuade the Prosecution to not pursue a prosecution or consider alternative methods of disposal. For further information, see our Pre Charge Engagement section of a Sexual Offences page.
Your Sexual Offences Solicitor will do everything possible to stop the CPS prosecuting you for indecent exposure or outraging public decency. If prosecution proves inevitable, you can be confident that we will prepare and present a strong defence and work tirelessly to protect your best interests.
Our Sexual Offences Solicitors have the expertise and experience required to advise and represent you. Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].
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