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August 2007

  Is Swinging Legal?
 


Swingers: True Confessions book
The Repression of Swingers in Early 21st Century Britain

By Mark Roberts
 

The complete report is available online courtesy of the Libertarian Alliance

Swinging is a safe, international, middle class and increasingly popular leisure choice for married and courting couples. Yet contrary to its obligations under the European Convention on Human Rights, the United Kingdom effectively criminalises swingers in contrast to the high degree of tolerance it rightly extends to gay men for precisely the same activities.

This provides the justification used by unethical elements in the press to harass swingers even in their own homes. The British government promotes bigotry against swingers by funding an NGO that campaigns against swingers by pretending contrary to the scientific evidence that their lifestyle is detrimental to any couple's relationship.

The British government should recognise its responsibilities under the European Convention on Human Rights to respect the sexuality of swingers and stop discriminating against them. It should cease to fund the NGO that campaigns against swingers and investigate whether it has breached its charitable status; and should legalise swingers' activities and lightly regulate their dedicated premises through Acts of Parliament.

Read the complete report

 

April 2007

  Is Dogging Legal?
 


Walking the dog to the 'dogging' siteAccording to the 2003 Sexual Offences Act

 See Melanie & Adams Place for a more detailed page on UK Dogging Law

The relevant section of the 2003 Sex Act to doggers is Section 66 Exposure and Section 67 Voyeurism.

Under Section 66, doggers are at risk of the law if it is their intention to cause alarm or distress to members of the public. So, if you take reasonable precautions to make sure that you are well out of public view, you should be fine. Essentially, this means only go dogging at night, away from residential areas and well away from the major carparks where anyone could turn up. If you use the carparks as a general meeting area, then move on to a more discreet location to play, you're taking steps to ensure no one is offended.

Under Section 67, doggers are only at risk if they approach couples having sex in cars that are not doggers, and therefore not consenting, but are just simply courting couples. A large number of dogging locations have grown from well established lovers lanes and gay cruising areas, so there is a potential risk of being in breach of section 67. Luckily, the signals used in dogging establish the consent of the couple wanting people to watch them have sex, and therefore section 67 no longer applies as long as you only approach cars that have signalled to you.

2003 Sexual Offences Act - Section 66 : Exposure

(1) A person commits an offence if-
(a) he intentionally exposes his genitals, and
(b) he intends that someone will see them and be caused alarm or distress.

(2) A person guilty of an offence under this section is liable-
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

2003 Sex Act - Section 67 : Voyeurism

(1) A person commits an offence if-
(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.

(2) A person commits an offence if-
(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b) he knows that B does not consent to his operating equipment with that intention.

(3) A person commits an offence if-
(a) he records another person (B) doing a private act,
(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c) he knows that B does not consent to his recording the act with that intention.

(4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

(5) A person guilty of an offence under this section is liable-
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.



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