Love the message, but the blurb isn’t correct. Police couldn’t not arrest them because it would define them as a woman, outraging public decency and similar laws don’t require specific genders.
I had a look further into this, because I wanted to better understand what factors might cause an act to be considered indecent exposure (or outraging public decency). This led me to some guidance on naturism and other non-sexual nudity, from the crown prosecution service.[1] It appears that having an “intention to cause alarm or distress” may be relevant for protests like this — arguably the entire point of the protest is to use the shock value of the nudity as a protest.
That being said, I think it’s a bold move and possibly an effective protest. Even if public indecency laws are gender neutral, it would still be a strong message if any of these women got arrested for this — the reason why these women are capable of causing alarm or distress by going topless is because these are “female presenting nipples” (to use a heavily-memed phrase from the Tumblr porn ban era)
It appears that having an “intention to cause alarm or distress” may be relevant for protests like this — arguably the entire point of the protest is to use the shock value of the nudity as a protest.
I was looking at this, too, it looks like public nudity is legal, and I don’t think peaceful protest counts as disorderly conduct.
The policing aid cites relevant law & provides a decision aid.
It states
Naturists have a right to freedom of expression which only engages criminal law if they commit sexual offences or use disorderly behaviour that they intend to or are aware may be disorderly within the hearing or sight of a person likely to be caused harassment, alarm or distress.
A decision aid clarifies
Decision aid for responding officers
Is there a clear sexual motivation to the subject’s actions?
↓ No
Has the person been ‘disorderly’ and caused another person ‘actual’ harassment, alarm or distress (as opposed to considering the likelihood of this or the complainant finding it personally distasteful or offensive)?
↓ No
It will normally be appropriate to take no further action
Advise complainant
Personally distasteful or offensive doesn’t qualify.
Disorderly conduct seems to mean disruptions that intimidate or prevent people from exercising their lawful rights or accessing goods & services they are legally entitled to.
Police can impose restrictions on start & finish times, location, noise levels.
Maybe someone better versed in UK law can clarify.
Love the message, but the blurb isn’t correct. Police couldn’t not arrest them because it would define them as a woman, outraging public decency and similar laws don’t require specific genders.
I had a look further into this, because I wanted to better understand what factors might cause an act to be considered indecent exposure (or outraging public decency). This led me to some guidance on naturism and other non-sexual nudity, from the crown prosecution service.[1] It appears that having an “intention to cause alarm or distress” may be relevant for protests like this — arguably the entire point of the protest is to use the shock value of the nudity as a protest.
That being said, I think it’s a bold move and possibly an effective protest. Even if public indecency laws are gender neutral, it would still be a strong message if any of these women got arrested for this — the reason why these women are capable of causing alarm or distress by going topless is because these are “female presenting nipples” (to use a heavily-memed phrase from the Tumblr porn ban era)
1 ↩︎
Yes it would also come under some public order offences. Bottom line is, the legal def of woman wasn’t the reason they didn’t get arrested.
I was looking at this, too, it looks like public nudity is legal, and I don’t think peaceful protest counts as disorderly conduct. The policing aid cites relevant law & provides a decision aid. It states
A decision aid clarifies
Personally distasteful or offensive doesn’t qualify.
Disorderly conduct seems to mean disruptions that intimidate or prevent people from exercising their lawful rights or accessing goods & services they are legally entitled to. Police can impose restrictions on start & finish times, location, noise levels.
Maybe someone better versed in UK law can clarify.
The police in Edinburgh aren’t going to do anything. People get their tits ‘n’ bits out regularly “for art/paganism”
https://beltane.org/about-beltane/