Indecent Exposure

[ZeldaFighter]

Hypothetically, a man goes into a women's changing rooms at gym or swimming pool and walks around naked, showing his penis. There are young girls present. Is this a crime of indecent exposure?

A transwoman goes into a women's changing rooms at gym or swimming pool and walks around naked, showing her penis. There are young girls present. Is this a crime of indecent exposure?

I am genuinely intrigued- is it true that self-ID is a flashers charter? Or more scarily, that this is already the case?

It never happens, so they say.

This is helpful. www.stuartmillersolicitors.co.uk/guide-indecent-exposure-laws-uk/

It seems the intention is key.

Genuine naturists, someone having a pee behind a bush, getting changed... all fine

Masturbating in public, intending to cause distress, flashing, streaking... count as indecent exposure.

That is an interesting question.

They might say it is discrimination to the transwoman because they would not accuse women in the room of indecent exposure. I say that because the NHS lost a court case about a transwomen health worker who had been allowed to share the womens changing room and something similar happened.

People with legal knowledge came on to say the judgement was wrong because the comparator for the transwoman was other men, not women. But the judge may have been institutionally captured and did not understand the Equality Act.

Maybe one of the posters who knows about all this will come on.

As Birdsweepsin says, the crime of indecent exposure depends on the intent/mens rea.

Which must make it fairly difficult crime to prosecute, because its harder to prove the intent is there. The effect on those forced to participate in the paraphilia doesn't seem to come into it, although maybe 'outraging public decency' covers that more?

www.btp.police.uk/ro/report/rsa/alpha-v1/advice/rape-sexual-assault-and-other-sexual-offences/indecent-exposure-flashing-offending-public-decency/

This legal firm seem to have a pretty comprehensive page of info on the subject.

lgbtlawyers.co.uk/2021/08/16/outraging-public-decency-what-do-i-need-to-know/

It’s interesting though as with many situations or crimes “I didn’t mean to” isn’t a defence

A crime comprising threats could depend on intent.

It always amazes me (not really) how a subset of males who claim to hate their penis so much and are supposedly ashamed and embarrassed about getting undressed, seem to want to be in communal female changing rooms where women and children may see said penis.