Love the message, but the blurb isn’t correct. Police couldn’t not arrest them because it would define them as a woman, outraging public decency and similar laws don’t require specific genders.
I had a look further into this, because I wanted to better understand what factors might cause an act to be considered indecent exposure (or outraging public decency). This led me to some guidance on naturism and other non-sexual nudity, from the crown prosecution service.[1] It appears that having an “intention to cause alarm or distress” may be relevant for protests like this — arguably the entire point of the protest is to use the shock value of the nudity as a protest.
That being said, I think it’s a bold move and possibly an effective protest. Even if public indecency laws are gender neutral, it would still be a strong message if any of these women got arrested for this — the reason why these women are capable of causing alarm or distress by going topless is because these are “female presenting nipples” (to use a heavily-memed phrase from the Tumblr porn ban era)
Love the message, but the blurb isn’t correct. Police couldn’t not arrest them because it would define them as a woman, outraging public decency and similar laws don’t require specific genders.
I had a look further into this, because I wanted to better understand what factors might cause an act to be considered indecent exposure (or outraging public decency). This led me to some guidance on naturism and other non-sexual nudity, from the crown prosecution service.[1] It appears that having an “intention to cause alarm or distress” may be relevant for protests like this — arguably the entire point of the protest is to use the shock value of the nudity as a protest.
That being said, I think it’s a bold move and possibly an effective protest. Even if public indecency laws are gender neutral, it would still be a strong message if any of these women got arrested for this — the reason why these women are capable of causing alarm or distress by going topless is because these are “female presenting nipples” (to use a heavily-memed phrase from the Tumblr porn ban era)
1 ↩︎
Yes it would also come under some public order offences. Bottom line is, the legal def of woman wasn’t the reason they didn’t get arrested.
The police in Edinburgh aren’t going to do anything. People get their tits ‘n’ bits out regularly “for art/paganism”
https://beltane.org/about-beltane/