INTENTIONAL EXPOSURE • ALARM • DISTRESS • EVIDENCE

Exposure Offences Defence

An exposure allegation under section 66 Sexual Offences Act 2003 requires more than nudity or accidental exposure. The prosecution must prove intentional exposure of the genitals together with an intention that someone will see them and be caused alarm or distress.

Discuss an exposure allegation View parent service

KEY ANSWER

The position in brief

Section 66 Sexual Offences Act 2003 is committed where a person intentionally exposes their genitals and intends that someone will see them and be caused alarm or distress.

The mental element matters. Exposure for some other purpose, accidental exposure or conduct where the prosecution cannot prove the required intention must be analysed separately. Other offences, such as outraging public decency, may sometimes be considered where section 66 is not made out.

Legal issues

The prosecution must prove both intentional exposure and the specific intention that someone would see the genitals and be caused alarm or distress. Sexual gratification by itself is not the statutory mental element of section 66.

Evidence that matters

Evidence can include CCTV, body-worn video, witness accounts, 999 calls, location evidence, photographs, messages and the defendant’s explanation of the circumstances.

Reasonable lines of enquiry

Enquiries may include complete CCTV, body-worn video, independent witnesses, location/context evidence and material testing whether exposure was deliberate and what the defendant intended.

What happens next

Exposure is an either-way offence with a maximum of two years’ imprisonment on indictment. Depending on the facts, an allegation may remain in the Magistrates’ Court or proceed to the Crown Court.

Immediate steps

Preserve CCTV, messages and witness details. Record the physical setting and circumstances promptly, including clothing, distance, visibility and any explanation for the exposure.

What should you send us?

Send the allegation/charge, police/court papers, next date, CCTV/BWV, witness material and your chronology.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can test the statutory intention, review CCTV and witness evidence, advise at interview and conduct Magistrates’ or Crown Court proceedings.

Primary legal sources

Sexual Offences Act 2003, section 66 — exposure.

CPS Rape and Sexual Offences Prosecution Guidance — current sexual-offence charging and evidential framework.

RELATED GUIDANCE

Related services and guides

Sexual Offences Defence

Main service page

Criminal Defence

Stage and procedure

Police Station Representation

Related guidance

Magistrates’ Court Representation

Related guidance

Pre-Charge Representations

Related guidance

NEXT STEP

Discuss an exposure allegation

Send the allegation, police status and any CCTV or witness material for a confidential assessment.

Discuss an exposure allegation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Is public nudity automatically an exposure offence?

No. Section 66 requires intentional exposure of the genitals and an intention that someone will see them and be caused alarm or distress.

Does the prosecution have to prove sexual gratification?

No. Sexual gratification is not the required mental element for section 66. The required intention concerns being seen and causing alarm or distress.

Can another offence be charged instead?

Potentially. Depending on the conduct, prosecutors may consider offences such as outraging public decency where the statutory elements of exposure are not made out.