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Indecent Exposure & Public Indecency

Indecent exposure allegations can arise from a brief incident, but the legal issues are often more complex than they first appear. What happened, who witnessed it, where it took place and what the prosecution says you intended can all be central to whether an offence has been committed.

Our solicitors will examine the evidence and circumstances carefully, test the reliability of the evidence and advise you on the strength of the allegation against you.

Draycott Browne has more than 25 years of experience defending serious criminal allegations and is recognised by Chambers UK for Crime. Our team also includes solicitors accredited under the Law Society’s Criminal Litigation Accreditation scheme, providing experienced criminal defence representation from the earliest stage of an investigation through to court proceedings.

If you have been contacted by the police, arrested or charged with an indecent exposure offence, contact our criminal defence team for confidential advice.

How we can help You

Since 1998, our Indecent Exposure Solicitors have been assisting people accused of indecent exposure and flashing. We use our extensive experience to provide the best possible defense for all our clients.

Our comprehensive approach involves a thorough examination of all evidence to build a complete picture of your case and compile a solid defense. Our primary goal is to protect you from a custodial sentence and ensure a fair and just outcome.

We prioritise clear and effective communication throughout the entire process. Our dedicated team is available 24/7 and maintains regular contact with you, keeping you fully informed about the status of your case at all times.

From your initial police interview to the conclusion of the process, we provide comprehensive legal support. We are here to help you, regardless of your situation. Please don't hesitate to contact us.

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Our legal team is available 7 days a week

Criminal Defence Expertise for Sexual Offences

Our Indecent Exposure OFFENCES Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

What is indecent exposure? 

Indecent exposure, sometimes referred to as "flashing,", but legally also termed as 'exposure,' occurs when a person intentionally exposes their genitals with the explicit intent of frightening or causing distress to another person. The Sexual Offences Act of 2003 outlines the specific criteria for this offence, which emphasise the need for 'specific intent.' This means that it must be proved that the exposure was both intentional and done specifically to cause alarm or distress.

Indecent exposure encompasses a range of behaviours, from 'flashing' to more prolonged instances involving a sexual element. Regardless of the duration, exposure is always considered a crime under the Sexual Offences Act of 2003. It is important to understand that both men and women can be perpetrators, and the act can occur in public or private settings, and recent legislation now also makes “cyberflashing”, or sending unsolicited images of an intimate nature a punishable offence. 

The legislation makes a clear distinction between naturism, nudity, and indecent exposure, and importantly, it is essential to note that certain scenarios do not qualify as indecent exposure. For instance, someone urinating in public who believes that they are out of sight, but who is seen by another person may not be charged with indecent exposure, as the deliberate intent to expose themselves was not present.  Similarly, accidental exposure of genitals is not categorised as indecent exposure. It’s key that you take legal advice from a solicitor who has a comprehensive understanding of the law, and who takes the time to understand and evaluate the specific circumstances relating to your case, in order to give you the best chance of building a robust defence case.  

In cases where the Sexual Offences Act does not apply, alternative offences may be considered, such as public disorder and public indecency. It is crucial to differentiate indecent exposure from more serious crimes such as outraging public decency, which involves disgusting, obscene or lewd actions committed in public and would be considered "shocking to reasonable people”. It is a more serious offence than indecent exposure and as such carries stricter penalties.

 At Draycott Browne, our sexual offences team play a crucial role in ensuring that defendants are not unfairly charged with more severe crimes - we are dedicated to providing unwavering guidance and expert representation, ensuring a fair and robust defence tailored to the specific circumstances of each case.

Naturism guidleines

The Crown Prosecution Service (CPS) has recently issued guidelines regarding the handling of cases involving naturism and public nudity. Naturism, which is a philosophical belief in the practice of integrating nudity into daily life, can often run up against the laws of indecent exposure, although the intent of naturists is not typically to cause alarm or distress to others. Prosecutors aim to strike a delicate balance between the individual's right to express themselves freely, and the wider public's entitlement to protection from harassment, alarm, and distress. Where charges are brought, prosecutors will seek to assess whether there were any sexual undertones associated with the nudity, or whether there was any deliberate intent to cause alarm or distress. In the absence of such indications, legal action is unlikely to be pursued against a naturist, unless there is proof that the event caused actual alarm or distress to another person.

What are the penalties for indecent exposure?

The consequences for being convicted of indecent exposure can vary significantly, depending on the specific circumstances of the case, the seriousness of the sexual offence and other relevant factors, but in the most serious instances, the maximum penalty is two years in prison. Cyberflashing, or the act of sending an unwanted sexual image to another person via digital means now carries a sentence of up to six months in prison, or two years where it can be proven that the perpetrator also intended to cause humiliation, alarm or distress.

A summary offence, (minor offences that can be tried by magistrates) can see the maximum penalty reduced to a six-month prison term, a fine, or both, but in some cases, it may be possible to avoid court proceedings entirely. Community service might be imposed by the court as an alternative to imprisonment, ranging from 40 to 300 hours of unpaid work, alongside rehabilitation measures. These sentences are considered appropriate if the court feels that a custodial sentence is excessively harsh and that community service might be a sufficient deterrent. Depending on the circumstances, in less serious cases, the police may opt only to caution someone for indecent exposure instead of pursuing formal charges, depending on the impact of the crime and the individual's prior criminal history.

When determining an appropriate punishment, the seriousness of the offence committed is always considered, along with any aggravating factors outlined in the sentencing guidelines. These may include whether the victim was a minor, whether acts of masturbation were involved, or whether the accused had any previous convictions. They will also consider any mitigating factors such as expressions of remorse, the offender's age, or any mental or learning disabilities.

In addition to these potential penalties, due to the serious nature of the crime of indecent exposure, which can often be a gateway to further, more serious offending, if found guilty the offender may be placed on the sex offenders register. This can have a significant impact on employment prospects and residency options, and registered sex offenders are subject to police monitoring and annual re-registration requirements.

24 hour availability 

Arrests are rarely anticipated, which is why we are available around the clock, seven days a week, 365 days of the year, to assist you at the police station and provide you with immediate legal advice, whenever you need us.

Funding your defence

The amount of preparation required in an indecent exposure case can vary significantly depending on the evidence and whether the allegation is disputed. We will explain the likely work involved at an early stage and discuss the funding options available to you.

Advice and representation at the police station are free. If proceedings follow, Legal Aid may also be available depending on your financial circumstances and the nature of the case.

Where you choose to fund your defence privately, this can provide greater scope for detailed preparation, particularly where the case turns on witness credibility, CCTV, body-worn footage or the interpretation of what happened during a short incident. It may also allow further enquiries to be carried out where additional evidence could help clarify the circumstances.

Our Private Criminal Defence Solicitors will give you clear information about likely costs and the work required, so you can make an informed decision about how your defence is funded.

Specialist Indecent Exposure Offence Lawyers

  • 24/7 Availability
  • Proven Success in High Profile Cases
  • Non-Judgemental Representation Tailored to Your Situation

Protect your future with trusted, expert legal defence—contact Draycott Browne’s Indecent Exposure Solicitors today.

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Contact our Indecent Exposure Solicitors

It’s extremely important to seek legal advice and representation if you are facing a sexual offence allegation – we strongly advise against attempting to face the criminal justice system without the right representation.

Contact our expert criminal solicitors in Manchester today for expert defence against indecent exposure charges; we have a team of highly experienced Indecent Exposure Solicitors who will work tirelessly on your defence. With years of experience and a track record of success, our dedicated team understand the complexities of indecent exposure cases.

The solicitors at Draycott Browne are highly regarded, nationally across the legal spectrum and are noted for consistently delivering positive results. Our solicitors possess a breadth of technical knowledge across the range of Sexual Offences that will provide you with the expertise required when facing such sensitive allegations and investigation by the police.

As one of the UK's leading Criminal Law Firms, we regularly act for clients in London and throughout the North West including Manchester and Liverpool regarding Sexual Offences and indecent exposure law accusations, when expert legal representation and advocacy is needed.  We excel in negotiating alternative resolutions wherever possible, striving to mitigate consequences and protect your rights. In the event that we feel you have appropriate evidence, we may be able to argue that a mistake was made, or that an incident of self-exposure occurred by accident. Whatever the circumstances, you can trust us to uphold the highest standards of professionalism, and a determination to achieve the fairest possible outcome available to you.

Our legal team is available 24 hours a day, 7 days a week, With your freedom at stake, If you or somebody you know has been arrested and needs expert legal representation, call Draycott Browne today or complete our contact form, for the very best criminal defence for allegations of sexual offence.

Frequently Asked Questions for Indecent Exposure Offences

Under Section 66 of the Sexual Offences Act 2003, indecent exposure involves intentionally exposing the genitals with the intention that someone will see them and be caused alarm or distress. The offence can take place in public or private, but accidental exposure or nudity alone is not enough.

The types of evidence presented in indecent exposure cases can vary but often include:

  • Eyewitness testimonies, which are central to most cases
  • CCTV or mobile phone footage capturing the alleged act
  • Forensic evidence, where physical contact or proximity has occurred
  • Clothing or items found on the suspect that support the claim
  • Police bodycam footage during arrest or questioning
  • Behavioural evidence, such as internet search history or previous convictions for similar offences

Possible defences include showing that the exposure was accidental, that there was no intention to cause alarm or distress, or that the accused was wrongly identified. The defence may also challenge weak or inconsistent evidence, while relevant mental health issues may need to be considered depending on the circumstances.

Yes, a conviction for indecent exposure will typically result in the individual being required to sign the Sex Offenders’ Register. The duration of registration depends on the sentence received:

  • 2 years or more in custody – Indefinite registration
  • 6 months to 2 years in custody – 10 years
  • Community sentence – 5 years
  • Caution – 2 years

No. Indecent exposure under Section 66 of the Sexual Offences Act 2003 involves intentionally exposing the genitals with the intention of causing alarm or distress, while outraging public decency is a separate common law offence involving a lewd, obscene or disgusting act committed in public where at least two people are capable of witnessing it. The offences therefore have different legal tests, even though the same conduct may sometimes give rise to either charge.

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