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Where nudists remain behind closed doors, in private apartments, clubs or
ghettoes, the law is largely of no concern. However, when nudists
come out into the public arena, there may be some conflict of interests.
Although one might expect variations, it may be useful here to point out some
of the most typical scenarios, for reference purposes and historical value. In
very few countries in the entire world is there any actual law
designed to address nakedness, let alone public nudity, itself. In most
countries local laws are interpreted in such a way as to be applicable
to public nudity. The actual interpretation and application of these laws
varies widely from place to place and time to time. The actual text of several
statutes, and some discussion of how
asinine these
themes may be, can be found via our
links collection.
Interestingly, it seems that when there is a large group of naked people,
police tend to leave them alone. Contrast the various treatments of
single people
and
groups
. Take a look too, at the difference between the French and British police
response to the
WNBR in 2008.
Clearly the message is that we should all get naked more often, and
in self-protecting large-enough groups so as to be left in peace, all around
the world.
A Dressing Down
Remember that the police are paid to enforce the law. They are not
paid, or qualified, to interpret the law themselves or to define them in any
way whatsoever, no matter what they might say. Judges are the only people who
may interpret a given law, which law has been defined by the appropriate
governmental department, usually (but not always) after some serious
deliberation.
Naked Legal Abuse
Across the many cultures on the planet Earth, there are basically 2 laws, or
variations thereof, which are commonly used against naked people. There are of
course others, but these are the most commonly (ab)used:
1. Indecent Exposure
A naked male may be arrested for the sexually oriented criminal offence
of Indecent Exposure. Almost never used against a female, this
law is designed specifically to catch those males who pull their erect
penis out of their otherwise clothed person and waggle it aggressively in front
of unsuspecting, quite rightly shocked and probably upset, women. The precise
wording of the text usually expresses this explicitly, and is not applicable to
nudists who happen to be in a so-called public area, although it may sometimes
be (ab)used to apply in these cases. German equivalent would be StGB. 183.
2. Breach of the Peace or Public Disturbance...
That old catch-all. This relatively minor, or common, law can be used
by anybody, to apply to anything of which someone does not approve, if they
have legal or police power behind them. This is the last bastion of defense
for a legal system, or some form of police state, desperate to find some way of
curtailing personal freedom, and can be applied to almost any situation.
German equivalent would be OWiG. 118.
Final Warning
Always remember that it is inevitable that each and every pub, lounge, gasthof,
drinking bar, or any place of congregation (...), will have their very own
self-appointed legal expert. They may even be able to specialize on the
subject relating to nudists, all the more so in the case of public nudity,
where people may have a strong opinion usually based on erroneous facts.
Novelty value may sometimes appear equivalent with legal expertise. When
weighing the value of local opinion, note that practising judges, counsels and
lawyers, often spend perhaps seven (7) years studying general law,
before specialising... Remember - no-one is saying the rules above
should not exist, for the purpose for which they were explicitly written, just
that their day-to-day application, particularly as regards nudity, needs some
serious revision.
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