Sex in a garden - public or private?

muinteoir09

Last night, me and the wife were out walking. One of the streets we use runs along the back of an apartment block. The ground floor apartments all have gardens.

Anyway, in the garden on the corner, there was a couple having loud sex. Their garden is surrounded by hedging but it is quite low and a bit patchy so very obvious to see them without having to make much of an effort. And yes, we did look for a bit and it was quite hot!

But I've been wondering: even though they are in a private garden, does the fact that the public can see into it make it a case of public indecency? Or does that only apply when the sex act occurs on public property? I'd be inclined to think that whatever happens in my garden is my business, regardless of who can see me.

Biggins

If the fences/hedges are to the height of an adult human and a little bit more, people should be able to do what they want within their own property when it comes to sex.

So, if your sticking your head over such a height in order to see whats going on, your invading others privacy!

FunkZ

I would have jumped over the garden fence with a raging erection and shouted 'surprise'!

karl tyrrell

What time are you there tonight:)

OutlawPete

People have been arrested for being just naked in their own homes.

https://www.youtube.com/watch?v=57yi3Asgov4

iPlop

muinteoir09 wrote: »

I'd be inclined to think that whatever happens in my garden is my business, regardless of who can see me.

Not if you've got your bags around your ankles and you're **** like theres no tomorrow, I'd be inclined to think that's in public.

Claasman

post a google maps link there like a good fella...

Dudess

Your own garden, your own business... but I wonder whether it would be deemed indecent exposure or whatever if passers-by can see it without having to make any effort to do so? Just asking.

Dwellingdweller

Dudess wrote: »

Your own garden, your own business... but I wonder whether it would be deemed indecent exposure or whatever if passers-by can see it without having to make any effort to do so? Just asking.

Sure according to the OP he had a good view of it, I'd call that decent exposure

Son Of A Vidic

I'd say if they could be seen without difficulty? Then they are liable for an indecency rap.

twinQuins

I'm rather torn on this: on the one hand I might say that once you take reasonable measures to conceal yourself you should be fine, however I don't like the idea that one can be done for public indecency on one's own private property.

Canis Lupus

If she was hot you better have pictures or we're going to fall out.

EKRIUQ

OutlawPete wrote: »

People have been arrested for being just naked in their own homes.

https://www.youtube.com/watch?v=57yi3Asgov4

And found guilty

By Washington Post editors
Eric Williamson, the Fairfax man who startled a woman and her child who spotted him naked in his home during their early morning stroll, has been convicted of indecent exposure in Fairfax General District Court. Prosecutors asked for jail time, but he did not get any

orourkeda

If it was two lesbos sticking bananas up each others arses then its cool.

Dudess

twinQuins wrote: »

I'm rather torn on this: on the one hand I might say that once you take reasonable measures to conceal yourself you should be fine, however I don't like the idea that one can be done for public indecency on one's own private property.

Yep. However, if a person went out to their front garden and flashed their bits to passers-by... Not comparing that with sex, but again, it goes back to: on their private property.

cruiser178

EKRIUQ wrote: »

And found guilty

Apparently he won on appeal http://gangstalkingworld.com/Forum/YaBB.pl?num=1286693322

twinQuins

Dudess wrote: »

Yep. However, if a person went out to their front garden and flashed their bits to passers-by... Not comparing that with sex, but again, it goes back to: on their private property.

Hmm, yes. However in such a case I'd imagine you could argue that their intention was to engage in public decency or otherwise a breach of public order. Now, whether or not it's provable is another thing but I definitely think there needs to be a distinction between intending to "flash" people and being indecent as a consequence of what you're doing or simply being naked on your property.

ejmaztec

karl tyrrell wrote: »

What time are you there tonight:)

He'll be easy to spot dragging a step-ladder along on a dog-lead.

candy-gal1

Its private obv, in your garden, its private property. Do what youd like tbh

stovelid

I would hazard a guess that even though it's your own property that if you haven't taken reasonable care to stop people seeing it, you could be liable for the indecent part.

Dudess

twinQuins wrote: »

Hmm, yes. However in such a case I'd imagine you could argue that their intention was to engage in public decency or otherwise a breach of public order. Now, whether or not it's provable is another thing but I definitely think there needs to be a distinction between intending to "flash" people and being indecent as a consequence of what you're doing or simply being naked on your property.

But if a couple were shagging for all to see - might be construed as intentionally seeking to breach public order too (I wouldn't care myself - would just laugh and/or be turned on, but imagine the "Won't someone think of the children" brigade - although I wouldn't blame a parent passing by with a very young child putting their hand over their kid's eyes either).
Quandary-ish...

Being charged for being naked in your house though, even if the ****ing blinds are open, is outrageous...

Azureus

Depends on the extent I'd say...

Always wondered this really, there was a couple across the road from us when I was younger and they used to go at it with the curtains open all the time. It was like they WANTED people to watch. Probably could have got in trouble for it if they were reported...dont think any men in the area were gonna be quick off the mark in doing that though

Im all for a bit of alfresco, but I would be wary in my back garden even if there was a chance of kids seein ya. Or of adults recording... Dont fancy seeing myself on certain websites anytime soon

Vicxas

Was it awesome?!

twinQuins

Dudess wrote: »

[...]Quandary-ish...[...]

Without a doubt.

My knowledge of criminal and civil law is somewhat hazy but IIRC intent is an important component.
However, if we're looking at this from criminal law, we're going to have to examine it in light of what would constitute an intention to display oneself indecently for a "reasonable person".

Kevin Duffy

Presumably this, if it came to court for any reason, would come down to how likely they thought they were to be observed, what steps they took to ensure their privacy and what steps were taken to invade it. In your example, you made no effort to invade, they don't seem to have taken any steps to be discreet.
Not sure the private property aspect matters really, in the same way that you couldn't commit any other breach of the law and just claim it's ok 'cos you're on private property.

Royal Irish

You could imagine if the OP called the Gardai and informed them exactly what was happening. I'd say the whole station would have turned up in record time.

BBDBB

how much of a difference is there between **** at the window looking in and **** at the window looking out??

Kevin Duffy

BBDBB wrote: »

how much of a difference is there between **** at the window looking in and **** at the window looking out??

Just the pane of glass to frustrate your mutual longing and the easier availability of cleaning materials inside the house when it's all over.

But really, none, you're both guilty of something I'd say, unless all parties are consenting and have made efforts at privacy.

Dave!

Thread delivers

Sonnenblumen

muinteoir09 wrote: »

Last night, me and the wife were out walking. One of the streets we use runs along the back of an apartment block. The ground floor apartments all have gardens.

Anyway, in the garden on the corner, there was a couple having loud sex. Their garden is surrounded by hedging but it is quite low and a bit patchy so very obvious to see them without having to make much of an effort. And yes, we did look for a bit and it was quite hot!

But I've been wondering: even though they are in a private garden, does the fact that the public can see into it make it a case of public indecency? Or does that only apply when the sex act occurs on public property? I'd be inclined to think that whatever happens in my garden is my business, regardless of who can see me.

Why not leave others enjoy their own private moment, but if you're worried, try it for yourself and see what happens.

cml387

https://www.youtube.com/watch?v=zcxA9unQuR8