As the heat is slowly turned up this weekend, some people might feel encouraged to get frisky outdoors.
Or, more specifically, for those lucky enough to have one – in the back garden.
We get it – it’s hot enough to fry an egg on the pavement, so the idea of having sex between the sheets is not all that appealing.
Neither is sweating so much that it drips down onto your partner.
There is of course the obvious solution: get some fans and point them towards the bed – but that’s a lot of effort.
And when your garden is just a few steps away… so why not get freaky in the sun?
Before you strip off and head on outside, let’s find out exactly what kind of trouble – if any – you could get into if a neighbour or passer-by spots your dirty activities.
Is it legal to have sex in your back garden?
Having sex in your back garden is very much a grey area.
Ministers have attempted to ban back garden sex, but the bill was abandoned after accusations of ‘nannying’.
According to the Sexual Offences Act (2003), there is no specific law that says you can’t but that doesn’t mean it’s OK to have an orgy out back.
If someone spots you getting your orgasm on and reports you to the police – then yes, you can get fined or even face prosecution under other existing laws (such as outraging public decency or exposure.
Then again, if you can hide under a blanket and make no noise, you might be able to get away with it – but do this at your own risk.
The Sexual Offences Act in relation to exposure:
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.
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.
Source: Legislation.gov.uk
“This is a complicated area,’ says Pranav Bhanot, a litigation solicitor at law firm Meaby & Co Solicitors.
‘There are several legal provisions which could make it an offence to have sex in your back garden. Often much depends on the level of exposure the act has to members of the public and how secluded the garden is.
‘The more open and exposed the garden the more problematic this could be as a greater chance of a couple falling foul of the below provisions.
‘Having sex in the garden could result in arrest for breaches relating to outraging public decency which is contrary to the common law.
‘A person would also be in breach of the Public Order Act 1986 if the sexual act causes alarm or distress to members of the public.
‘It is also an offence to expose one’s genitals intentionally, which is contrary to the Sexual Offences Act 2003.
‘Whether a prosecution will follow from having sex in the garden will likely turn on how exposed or secluded the garden is to members of the public.
‘If a neighbour has sufficient evidence, this could potentially result in a prosecution.’
Use your common sense – if your neighbours are a family with young children or your fence is really short, then sex in the back garden is probably a bad idea.
Interestingly, however, having sex with the curtains open in a private dwelling is legal, even if it’s visible to the public.
That brings up a tricky question: can you have sex in your back garden if you have a garden room or other outbuilding?
Most likely, yes – as it’s technically part of the private dwelling.
That doesn’t mean you won’t get in trouble, though.
Neighbours can easily do a Land Registry search to get hold of your landlord and complain to them.
So if you’re renting – and especially if the contract is about to finish up – be careful.
It might just be worth investing in those bedroom fans after all.
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Get in touch by emailing MetroLifestyleTeam@Metro.co.uk.
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source https://metro.co.uk/2020/08/07/legal-have-sex-back-garden-13097600/
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