Posted by: Wondering | 2009/05/24

Sex - public indecency

There' s a story going around at work that 1 of the guys was caught by the cops while doing it with his gf in a secluded picnic spot last Sat. night. Nobody really wants 2 ask but the big question is: r they likely 2b charged with public indecency? Does such a thing still exist? We all hope not + r holding thumbs cause he' s a very nice guy + is gf is also.

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Our expert says:
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Such a thing still exists. Legally they could be charged. Whether the legal system will take the time or have the capacity to enforce the law is another story. It might be a good idea for them to get some legal advice in this regard.

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Our users say:
Posted by: Anon | 2016/05/16

I have a question: would it be viewed as Public indecency when the incident takes place on ones property in the backyard ? This past weekend I was shocked to see - through my kids bedroom window. My neighbours indulging in some mid afternoon fun. They we basically indulging in intercourse in their backyard in broad daylight in full view. My daughter's bedroom (and mine) overlooks this specific neighbours pool and braai area unfortunately. It was not my intention to be a peeping Tom but upon opening the curtains I just happen to see this display. I closed the curtains very quickly as I wouldn't want my 10yo to be exposed to these scenes. Do I have the right to bring it to this neighbour's attention to highlight the fact that doing it in public is not cool - especially when kids could view.?

Reply to Anon
Posted by: law expect | 2016/04/06

culture is no excuse to these. because by doing so we compromising our standards. and again you can be arrested for public indecency in secluded spots,because you are sometimes witnessed by TWO or more people which is lewd to them.

Reply to law expect
Posted by: Anonymous | 2009/05/25

My bf and I were caught!!!
It was rather embarrassing and I would not want it to happen again!Well I was butt naked while my bf was doing what he does best and out of nowhere the cops were there.This was one night at the beach, there was no one around but another couple on the other end of the beach and it was dark.They came out of nowhere, 3 of them shining there torches on us!
I did not even know what we were doing was illegal, well I wasn' t thinking at all!
They asked for our addresses, phone numbers, took down his Id number and wanted mine too.
He gave the wrong details expect for his ID which they asked to see.
They wanted mine too but I never had it because they wanted to see proof that I was over 18,I' m 19.
I of course gave the wrong details, then they threatening to call my parents.
Wanted us to drive to the police station but wanted me to drive with them and my bf to follow with his car.
My bf obviously not going to allow this was arguing with them the whole time and finally tried to offer them a bribe which they took.
They took down all our details in this folder they had with them.
Gosh I will never do this again! I also do realize they were taking advantage of the situation.

Reply to Anonymous
Posted by: Kris | 2009/05/25

Me and my bf was caught in the mall' s parking area.... We were just cuddling and kissing when the security guards arrived... They also told us that they will arrest us but if we " convince"  them they won' t!

Reply to Kris
Posted by: Ja | 2009/05/25

A secluded spot is certainly not public is it? What were these perv cops up to anyway? If they were checking if you were OK then leave if it is the case! Thanks for your concern officer, but the banging was not from a gun.
In the old days that is exactly what we used to do. You HAD to check, but checking was all the reward needed. No need to arrest the poor embarrassed couple as well!!??!?!

Reply to Ja
Posted by: Public Sex Fan | 2009/05/25

YEP. Like it or not. Public Indecency is still very much a crime under the Common Law which defines “ general”  crimes such as murder, rape, theft etc (crimes not defined in the law books, but accepted by society as being crimes). For me the problem comes in with the interpretation. If you have sex as described and average Joe had little chance of spotting you, why bother. (Maybe some cope get a kick out of it). But, what about these guys who pee all over the show, stop next to the N1 for God sake, and pee facing the traffic. Do they get apprehended? Think not. Nice country this one of ours. There is of course also the cultural argument that sometimes gets dragged in when certain women expose their breasts in public and claim culture as an excuse, while others in similar situations will definitely get into trouble. But let’ s not go there, it won’ t serve any purpose here.

Reply to Public Sex Fan
Posted by: Liz | 2009/05/25

This was quite an interesting question and I don' t think people think that something like this still exists, so I checked up on it a bit. Apparently the Police can arrest you for public indecency, but then again, where do you draw the line - what is public indecency - according to SAPS website it is defined as follows: " PUBLIC INDECENCY: The unlawfully, intentionally publicly performing an act which tends to deprave the morals of others, or which outrages the public' s sense of decency"  - are you clearer about what public indecency is, I' m not!!!!

Reply to Liz
Posted by: Cherry | 2009/05/25

Well it is very much true, my bf &  i were caught in a parking area by cops &  were gona get charged but u' ll never believe that they asked for money in order to let us free &  they left &  told us get a room next time. It was so embarrassing. You can get charged but it depends what type of cop catches u!

Reply to Cherry

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