Arrested for indecent exposure
About 1.40 AM in the morning came a knock on the front door. A uniformed police officer (male) looked at me, didn't ask my name etc and just said, I'm arresting you on the suspicion of indecent exposure, you don't have to say anything but it may harm your defence when question on something you may reply on later in court, do you wish to say anything! reply NO.
At about 11.00 AM I was taken to a duty solicitor who then said to me... You have been arrested for indencent exposure and the police say that you were stood at the front of your garden gate (six feet tall gate) with the gate mostly closed and your back to the gate with your hands around your frontal area and it is said that your arm was moving and that you were masturbating. The solicitor then said the police have video evidence of such. The solicitor then advised that I should talk to the police during the interview.
My private driveway is quite long, such that it will allow at least three medium sized cars to park lengthways along it, and I have two six feet gates across the driveway 99% of the time they are closed. I have a third gate also six feet which was closed at the time. The design is such that the gate panels are constructed lengthways and parallel with a slot area between each panel to reduce then being a full blown wind breaker, hence it is possible for people to see through them if they choose to look down the driveway.
Now I've grown up as a nudist since around nine years old and I've never bothered or harmed anyone. On about September 03rd around 7:45 to 8:00 AM I walked out my house rear door onto my driveway (side of house) behind the sixfeet fence, went through my gate to the nearside rear of my car and proceeded to open the rear passengers door, still on my private driveway. A neighbour from four houses up the street saw me he said crouched down at the side of my car. I was removing bags out my car. He stopped his car directly in front of my driveway and proceeded to should abuse at me. I decided to walk back through my six feet fence gate and close it before entering the house rear door and closing it behind me. As I was doing so I heard the gate bang open against the van side panel on my driveway. I then heard him shouting get out her, get out and he was also banging on the front door very loud and heavy. After a couple of minutes I saw him on the phone outside the front of my house and then he left.
On October 04th I was arrested and interviewed. With regards to UK law indecent exposure must contain an element of sexual activity or intend someone to see you flashing. So please correct me if I'm misunderstanding this, but to meet that criteria I'd need to be knowingly stood in front view of somebody with the intention of showing them my genitalia. The police officer during the interview asked me had I used disorderly behaviour that I intend to or are aware may be disorderly within the hearing or sight of a person likely to be caused harassment, alarm or distress. I replied no because my intention was purley to get bags out the nearside rear of my car, which also has another six feet fence panel at the nearside of the garden so anyone likely to be present to the nearside of my home, pedestrians,cars etc are initially blocked from sight because of the fencing. The statement supposedly from the complainant was a written police statement that tried to imply that I was errect, however, the statement also said that the complaintant did NOT see any sexual activity and initially he also said he did not see me naked, this he only saw as I walked away from the car back through my six feet fence gate and closed it.
During this interview I waited for the police evidence to show the solicitors statement saying my hand was moving around my frontal area and although I had my back to the camera it was alleged I was masturbating. Through the interview no such evidence was presented. The police officer repeatedly asked if I was masturbating and I advised each time there was no intention and I'donly gone to my car on my private driveway for my bags out the nearside rear of my car. The police then showed me some video footage that did not belong to the complaintant, and he did not video that evidence himself, but got it from my next door neighbour, who has retained in either electronically or otherwise for up to seven years. The car on my driveway at the time the police showed me the video proves how old the footage is and that it had nothing to do with September 03rd. The police showed me walking round my garden perimeter (inside) looking round my garden. At some point I looked round at the camera, which is when I must have heard voices and became concerned. I was holding my genitalia in my hand which was out of view, but the police was trying to alleged that I was masturbating while walking round my garden, which I was not and asked the police officer to show me that occurrence, upon which he did not. The camera/video evidence at some parts appeared to have been tampered with, brught blushing light initially appeared and dissappeared and the viewing went very blarred in parts and it was very unclear to view. It also looked like the evidence had been edited to show me in the frontal area of my garden walking across the front garden lawn, but the area shown is not possible due to garden plants etc. As soon as I saw the lighting effect and images of that area I new something was wrong there. I pointed out to the police officer who then seemed taken aback when I advised him within the interview that there is no law within the UK that stops a person being naked on their own property or even in public. The police officer did mention about passing members of the public and kids going to school, but I know the area very well and know that schools open at 8:45 AM and children and parents don't pass my property before 8:30AM in the mornings.
In conclusion....
The solicitor advised the camera/video evidence would be dropped because its not got backup statments from the people who recorded it,
The solicitor advised its my word against the complaintants.
The police did not charge me but released me pending a decision from the CPS.
My concerns are that the camera/video evidence recorded is not the complaintants and that it is several years old and been electronically recorded and filed illegally. Also that the camera/video evidence like the solicitor advised is not an overview of the garden area, but directed and focued into your private garden area viewing only you and your garden area, such like a hand held device monitoring my property from their upstairs bedrooms.
Any views on this?
Get a good lawyer and sue them for:
Defamation of character is an act that occurs when someone's reputation and integrity are tarnished or damaged because of malicious intent by another party. You may have heard the terms libel and slander. Slander is orally dishonoring someone else, while libel is written defamation.
This will get them off your back and into their own business.
Hawk
Get a good lawyer and sue them for:Defamation of character is an act that occurs when someone's reputation and integrity are tarnished or damaged because of malicious intent by another party. You may have heard the terms libel and slander. Slander is orally dishonoring someone else, while libel is written defamation.This will get them off your back and into their own business.Hawk
I had a solicitor at the police station and after listening to him he was biased against me and helping the police to secure a conviction. I've wrote a letter to hopefully specialists in the areas of naturism and nudism within the UK, so they should hopefully come back with something better than the solicitor helping the police.
I was kind of hoping that we might of had professional legal people on here, which we might have I don't know just yet as replies are not forthcoming quckly, so I'll just have to be patient.
I was kind of hoping that we might of had professional legal people on here, which we might have I don't know just yet as replies are not forthcoming quckly, so I'll just have to be patient.
You would be far better served having a consultation with a lawyer in your area (not just duty counsel) than seeking help here.
Even if you trust that someone here is actually a lawyer, odds are pretty low that they know the laws where you live.
I empathize with you and your situation, which seems both bizarre and unjustified. It's not only that some neighbor filed a false charge against you, but that the police would knock on your door in the middle of the night (when you're likely to also be naked?). Whereas the case does not seem to have merit in principle, understanding it in the local legal and cultural context is important. Could you counter-sue for defamation? Could the local press pick up the story and twist it in some odd way to increase readership at your expense? People are strange. Good luck.
I'm pretty sure recording someone on there own property without there consent is illegal under invasion of privacy laws, and as it was obtained illegally would be inadmissible as evidence in court
You are completely wrong.
If you have and expectation of privacy like indoors with the curtains closed then someone going out of their way filming you, that would be illegal.(and creepy) If you are outdoors in a place thats overlooked by a dozen properties then you have no expectation of privacy.
I think if you make an effort to create a private place in your garden (like we have) then its perfectly fine to go nude.
If you are nude in an area of your property legally or not, in full view of others then you have to expect some sort of pushback, if you are performing a sex act, as has been alleged, then expect that push back to be with much more force.
As a fellow naturist, I have a great deal of sympathy for the OP, that being said, I would not have done what he did if my neighbours had even the slightest chance of seeing me.
I'm pretty sure recording someone on there own property without there consent is illegal under invasion of privacy laws, and as it was obtained illegally would be inadmissible as evidence in courtYou are completely wrong.If you have and expectation of privacy like indoors with the curtains closed then someone going out of their way filming you, that would be illegal.(and creepy) If you are outdoors in a place thats overlooked by a dozen properties then you have no expectation of privacy.I think if you make an effort to create a private place in your garden (like we have) then its perfectly fine to go nude.If you are nude in an area of your property legally or not, in full view of others then you have to expect some sort of pushback, if you are performing a sex act, as has been alleged, then expect that push back to be with much more force.As a fellow naturist, I have a great deal of sympathy for the OP, that being said, I would not have done what he did if my neighbours had even the slightest chance of seeing me.
Only one property has the ability to see into my garden area, from everyone else I'm shielded really. The concern is that the neighbours property has camera fitted to the public sides of their home, but none visible to my garden side. The evidence shows that the device used is either hand held, or like the solicitor said, positoned and focused into my private garden area. It is crystal clear once you have seen the footage that it was fully intentional to direct and focus the camera in my garden area only, viewing no other wider areas outside my garden perimeter.
The complaintant was asked if any sex act was present and NO was the answer. The statement was police produced and written, not based on what the complaintant advised, but what the police wanted to push for, which is completely untrue.
I really don't know upon what the police have a holding on here, its actually legal to be naked, so they can't prosecute for that. They implied children could have seen me, but I know the community behavour much better than the police, and I knew that was a very unlikely senario to occur. I'm pretty sure people of all ages see naked people on beaches, on naked bike rides, and as I have seen naked people walking along Blackpool front in busy times, so I'm really not sure where they think they are going with that line of reasoning.
They have no video footage of this case on my drive and no witness to say any sex act was present, which it wasn't. The video evidence they have is several years old based on the car on my drive, which has been transferrred to another member of the local community, who has got his back up because nudism and naturism is not something he agrees with. Now I can't remember the exact laws here in the UK with regards storage and retrieval of digital data etc, but I'm to understand that its not legal to store data electronically, mechanically or otherwise. This data has been stored for several years, which can't be legal.
You need to contact British Naturism (BN.org.uk). They will know which solicitors are best qualified for cases related to naturism. It also sounds like your local police need further education that nudity itself is not an offense in the UK and there are no exceptions for when children are walking by. Then once your solicitor gets the tampered with video thrown out there is no case.
Thanks I did and they have just wrote back to me today. In brief they say....
Exposure in the sexual offences act 2003 that nudity in private and in public remains lawful. Only flashing is a offence as they see it as a form of threat or a sexual attack.
I have rights under the Freedoms of Human Rights Legislation that appears the police have not cmplied with. The House of Lords deemed that seeing a person naked does not cause alarm or distress, it is perfectly harmless.
Under the Human Rights Act article 8, nobody without consent has the legal right to use videos etc looking into my garden or house.
The complaintant has broken my laws of protection under the Protection from Harassment Act, which he is guilty of, and could also be guilty under the Section 4A of the public order Act1986, where he was intentionally causing harassment, alarm and distress.
There is also the offence of "Revenge Porn" inasmuch as naked images of me have been past around the local community, without my concent, and used to denigrade my character.
I'm advised to write to the Police while BN legal team look more into this case on my behalf. I'' keep the thread updated...
Well congratulations are in place. I am glad the law is on your side.
With that said, now is time to sue your accusers and teach them a lesson on privacy.
Make sure they pay for all your legal expenses and court costs, in addition to pain and suffering and time loss from work.
That way it will keep them from doing that to you or anyone else in the future.
Have a great weekend.
Hawk
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