Public sex

Whether you want to get frisky al fresco or embrace your inner Peeping Tom, you’d better know what the law says about public sex first. Is it illegal to have sex in public? Let’s find out! 

The law unzipped

The Sexual Offences Act (2003) defines what’s acceptable when it comes to sexytime, and what might invite an angry mob at your court hearing. Whether you’re into whipping out your tackle for all to see, invading someone’s privacy, or getting it on in trains, planes, woods or car parks, here’s what you need to know.

Exposure

Step away from that trench coat; flashing people could land you in prison. Under The Sexual Offences Act (2003), it is an offence to intentionally expose your genitals in public with the intent that you’ll be seen and cause a ruckus. Even if you’re hoping for a round of applause, you risk arrest. The law applies to males and females, but has been phrased carefully to avoid prosecuting naturists and streakers (who still risk breaking public nuisance laws).

And it’s not just setting your nether regions loose that can upset the authorities. Baring your boobs or bottom in public can be classed as outraging public decency and is a prosecutable offence. If you are in a public place, where you could be seen by at least two people, flashing your bits is technically illegal and therefore not the brightest idea. That said, someone has to see you, get upset, and report you before the police get involved. Learn more about public nudity laws here.

Punishment: Up to two years in prison, and/or a fine.

Voyeurism

It is illegal to seek sexual gratification by observing/recording/broadcasting another person doing a private act (such as undressing, having sex or anything you would not ordinarily do in public). This is designed to protect you from being watched without your knowledge or consent via anything from a hidden webcam to a hole in the wall. The law exists to protect you, and prosecute pervs caught with their pants down.

Punishment: Up to two years in prison, and/or a fine.

Sex in public places

Whether you fancy getting jiggy in the woods, a local park, or even your back garden, you’re in legally murky waters. The Sexual Offences Act (2003) doesn’t specifically call out sex in public places, but that doesn’t make it legal.

Public order offences exist to guard against outraging taste and decency. There are distinctions in law about where you can get it on. Sex in private dwellings (such as your house) is fine, even if it’s in your front room with the windows open. But having sex in public (e.g. shagging in the supermarket aisle), funnily enough, isn’t legal. In the UK, ‘public sex’ means it must occur in a place where there is a high possibility of at least two members of the public possibly seeing it (hence the supermarket-shagging ban).

But sex in isolated places is technically OK, so long as you have a reasonable expectation of privacy – and, of course, you don’t get spotted.

Another part of the Sexual Offences Act to watch out for is trespassing with intent to commit a sexual offence. The Sexual Offences Act deems it illegal to trespass onto somebody else’s property to get it on, any time day or night. This includes outdoor places as well as buildings.

Police will usually only act on a complaint from a third-party or witness. So, if you’re not rumbled, your al fresco fumble should be fine. But be careful.

So…is having sex in a car against the law in the UK?

We get it, you’re asking for a friend. Well, tell your friend they’re in luck, because there is no specific law preventing them from having sex in a car, unless they’re actually driving it at the time. If they are, they could be fined for careless driving as this would be considered a distraction.

Learn more about your rights here.