A 2012 Ipsos MORI poll commissioned by British Naturism revealed that there were around 4 million people in the UK who identify themselves as naturists.
Given the passage of time, growth in population and evolving liberal attitudes that value is likely to be even higher now.
So what are the legalities (in England and Wales) of baring all in public? By adopting a naturist lifestyle is someone putting them self on a collision course with the police and courts?
"Probably not" is the short answer, if you don't have the luxury of time to read this full article.
About Naturism
Naturism, just as the name suggests, is the act of embracing nudity as part of a person's lifestyle.
Many naturists confine their nudity to private places, for example by enjoying naked sunbathing in their own garden. Some naturists venture out to public places where there is an acceptance of nudity, for example nudist beaches. Some wish to enjoy the perceived freedom of nudity in public places more widely, which is where problems with the law are most likely to arise.
According to the Crown Prosecution Service: "A balance needs to be struck between the naturist's right to freedom of expression and the right of the wider public to be protected from harassment, alarm and distress."
The CPS Approach to Public Nudity
It has to be said that the CPS takes a refreshingly pragmatic approach to public nudity. It recognises that genuine naturists go nude for the feeling of freedom and being at one with the natural world. They do not, as a general rule, go nude with the intention of causing inconvenience or offence to anyone else. That being the case, the CPS attitude is that nudity alone, in the absence of any sexual motives or the intention to offend, would not normally result in further action.
It would be appropriate to take further action against someone using their nudity to intentionally cause harassment, alarm or distress to another.
Possible Public Nudity Offences
It is an offence under this legislation to use threatening or abusive words or disorderly conduct within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
An act of public nudity is unlikely to constitute this offence unless members of the public were caused actual harassment, alarm or distress (as opposed to considering the likelihood of this happening or the complainant personally finding nudity distasteful or offensive).
It therefore follows that a naturist is unlikely to commit this offence by simply going about their lawful business in a state of nudity, unless someone particularly vulnerable is caused harassment, alarm or distress thereby (e.g. it would be unwise to walk around naked if there are children about, but unlikely to be a problem in a place frequented only by adults).
Even if the evidential test is met, a prosecution should only go ahead if it is in the public interest.
It is an offence under this legislation for a person to intentionally expose their genitals to another, with the intention of the other person seeing them and being caused alarm or distress thereby.
The CPS acknowledges that a naturist going about their lawful business in a state of nudity would not be guilty of this offence.
- Outraging Public Decency
It is a common law offence to do in public any act of a lewd, obscene or disgusting nature which outrages public decency.
A 1972 House of Lords Appeal judgment (R v Knuller (Publishing, Printing and Promotions) Ltd) sets the bar for causing outrage very high, requiring behaviour that goes "considerably beyond" that which would shock a reasonable person.
The CPS acknowledges that a naturist whose sole intention is to go about their lawful business in a state of nudity would not be guilty of this offence.
- Causing a Public Nuisance
Causing a public nuisance is a common law offence. It is defined in Archbold as thus: "A person is guilty of a public nuisance (also known as common nuisance), who (a) does an act not warranted by law, or (b) omits to discharge a legal duty, if the effect of the act or omission is to endanger the life, health, property or comfort of the public, or to obstruct the public in the exercise or enjoyment of rights common to all Her Majesty's subjects."
There is no requirement of intention or recklessness. A person is guilty of causing a public nuisance if they knew, or ought to have known, that their actions or omissions would result in a nuisance being caused.
The CPS acknowledges that a naturist whose sole intention is to go about their lawful business in a state of nudity would not be guilty of this offence.
Police Attitudes to Public Nudity
The College of Policing has issued guidance to every police force in England and Wales about how to deal with reports of public nudity and the limited circumstances in which a response and further action might be appropriate.
Police call handlers have been provided with the following guidance:
Responding police officers have been provided with the following guidance:
Further Reading
For more information please see the following:
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