Disgusting neighbour

[BePinkKoala]

So my neighbour pees in his garden everyday instead of using his toilet his garden is right Infront of our front door I walked out at 8 in the morning to take my 7year old daughter to breakfast club and got a full view of his penis in his hand because he has gaps in his fence I did kick off on him and let him know my daughter was with me and he did nothing proceeded to carry on peeing so I've reported him to the council and they aren't doing anything about it he's also been reported to the police who still haven't done anything this was October it's now February I've been told by police I need proof but if I was to get a video or picture of him then I am at risk of going on the sex offenders register

Through the gaps in the fence ? 🤣🤣

You don't need this, just move.

In the UK, indecent exposure (or "flashing") is a criminal offence under Section 66 of the Sexual Offences Act 2003. It involves a person intentionally exposing their genitals, intending that someone will see them and be caused alarm or distress. It can occur in public or private and carries penalties including fines, community orders, and up to two years in prison.

Read the writing in bold.

The man could (and no doubt will) argue that taking a piss in his own garden is not intentionally exposing his genitals and is not intending that someone will see them and be caused alarm and distress.

The law is the law no matter whether you or I wish it wasn't.

It is anti social behaviour. I don't care if two thousand people on here say it's not - it absolutely is. When you sign for a tenancy you have to sign a tenancy agreement - and it will stipulate that you do not cause anti social nuisance to other neighbours.

It's stunning that some people seem to think that a man choosing to pee outside with his penis visible isn't intimidating behaviour particularly when there's a young child next door.

And I think it's staggering that you're so invested in this thread, it's actually stopping you reading and digesting what others are saying.

Nowhere did I say they were right.

Slow down, deep breath, read back and you'll see I was pointing out to the PP that he has infact already been reported.

I'm not the person going on about eggs always being runny. Odd that I'm invested and you aren't even though you are posting.

Have you tried refraining from putting your eye right up to the gaps in the fence and straining to peer through?

Is it the front or back garden? Although doesn’t matter, as others have said, report it as flashing and make sure you say your daughter is with you.

Cover the gaps in the fence and move on.

The police have better things to do with their time.

https://www.gov.uk/guidance/anti-social-behaviour-asb-case-review-also-known-as-the-community-trigger

Is your friend

Also see

https://www.mumsnet.com/talk/_chat/5399888-disgusting-neighbours-habit

She can report it as whatever he wants but it doesn't fit the legal definition of flashing, which involves intent to cause alarm and distress.

Peeing in your own fenced garden even with gaps (whilst absolutely disgusting) doesn't fit the definition of intent.

He is disgusting, and it’s awful that the police won’t even come and have a word with him, but OP, have you seen the suggestions to cover the gaps in the fence with screening?

How high is the fence because yes it’s grim but also there a reasonable expectation of privacy if you are going to have to be peering through gapes to see it
realistically how much can you actually see through a gap in the fence and I presume his hand will cover most if not all his penis

So someone standing with his penis out in his front garden doesn't think they'll cause a 7 year old child alarm or distress? He shouldn't be pissing in his garden in the first place - he has a toilet. Don't normalise or try and make excuses for this behaviour. There's no excuse.

If the problem is "help, I can see something that disturbs me" then surely the solution is "create a scenario where you can't see it" ie cover the fence gap.

Contrast "help, I can see something that disturbs me" and the solution "put time, money, effort into preventing the thing you see from even happening even though this won't change anything for months, if at all".

Choose pragmatism. You get to carry on with your life.

Not intentionally no.

Again, you're allowing your emotions to get in the way of legal definitions and facts.

And repeatedly accusing anyone stating legal definitions and facts of 'normalising' or 'making excuses'.

This seems to be preventing you from understanding the difference between the law and how people feel about it.

I'm not. I don't think you know the law to be fair. And don't patronise me telling me about emotions. I know much more about the law than you think.

But that is the law. He can piss in his garden if he wants, it might not be nice but he’s behind a fence. Not his fault OP and her daughter are nosing through the gap.

I've already quoted the law more than once and linked to it though?

I'm not sure why you'd find me patronising to point out the fact you're just not reading some posts very well, and I do think it's because you're letting your anger/emotions get in the way.

A quick Google search states that if the act is visible or causing distress - someone could be charged with a sexual offences Act. I assume that applies to England and Wales

Anger? Oh look - it's a counsellor popping up to tell them what exact emotions they are feeling.

What's your psychology qualification BTW

Nope.

It's not the act, it's the intention.

But this has been explained to you over and over again.

This man will state his intention was to urinate, not to deliberately expose himself to the public in his private garden to cause alarm or distress.

Intention is key here.

In Scotland if someone reported that act and stated that they feel alarm and distress it could fall under sexual offences (2009). Indecent exposure and breach of the peace.

Not really sure why some people think the fact that they don't think it could be a criminal act means it definitely isn't