I've been getting quite a few emails form people asking me whether dogging in the UK is legal or illegal. Unfortunately, there is no clear cut answer. There are a few Acts that apply to sexual activity in public, but all of these were superceded by the 2003 Sex Act. In it's original draft, the 2003 Sex Act made sex in public view and sex in a car a criminal offense, whilst making it legal to have sex in your house with the curtains open and allowing homosexuals to have sex in public toilets.

The bill was then virtually completely rewritten after public outrage on the original version. The new and current version is a far better Act, that in the majority looks after those who are underage or have mental disorders. Unfortunately, the rewrite of the Act has made the popular activity of dogging more vague than ever. The relevant section of the 2003 Sex Act to doggers is Section 66 Exposure and Section 67 Voyeurism.

2003 Sex 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.

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.

As you can see, the law is vague on dogging, but as long as you take all reasonable precautions not to offend or observe the none dogging public, you should be fine. If you are approached by the police, don't get naggy with them (they're only doing their jobs), simply listen to what they have to say, and if they ask you to move on, knock it on the head for the night, don't just move to another spot.

Until the law is resolved, doggers will just have to be careful to remain on the right side of the law, whilst enjoying these public locations for their own recreation. If we want dogging to be accepted, we need to show that doggers are responsible consenting adults. Which means clean up after yourselves, practice safe sex, don't leave condoms about and make all reasonable efforts not to offend the general pubic.

I hope in the future, that councils will recognise this recreational activity and respond accordingly. Wouldn't it be nice to see "Dogging after Dark" signs at parks, much like the council approved naturist beaches.

Please realise that we are not legal professionals, and we welcome any comments from those in the legal and law enforcement profession.

Play safe & responsibly - Luv Mel