A Touching Legal Story of a Different Kind: Public Masturbation Ruled Legal in Sweden
Provided by HG.org
Earlier this week, a 65 year old man was acquitted of sexual assault charges after he was found masturbating on a public beach in Sweden. The ruling surprised many and leaves questions about how such a situation would be handled by American courts.
The case began when a 65 year old man was literally “caught with his pants down” after he decided it would be a good idea to pleasure himself on the Drevviken beach in Stockholm, Sweden in June, 2013. The man was charged by Swedish officials with sexual assault. But, Swedish laws pertaining to sexual assault are similar to those in America, requiring a specific victim in order for a sexual assault to occur. In this case, the man did not appear to be directing his self-pleasure at any particular person. As a result, the court found that this was enough to justify an acquittal.
While many have decried the ruling, saying it effectively legalizes public masturbation, this is probably not true. Had the man been charged with another crime, such as those pertaining to preventing public disturbances, he may have been convicted. In response to the ruling, Dr. Liz Davies of London Metropolitan University, who has researched Sweden's child protection system, told the Daily Mail that the court decision surprised her. "Sweden has a really robust child protection system and very rigorous investigation around sexual abuse," she said. "So this judgment is surprising given that such an act could be witnessed by children as well as adults."
In the United States, this case would likely have had a very different outcome. American jurisdictions tend to be much less tolerant of public nudity in general, let alone public displays of any form of sexual conduct. Had this occurred in most US jurisdictions, the man could have been charged with public indecency, variations of lewd and lascivious conduct, and any number of varying child abuse or child related sex crimes if any children were present on the beach. After the conviction, the man also probably would be forced to register as a sex offender for the rest of his life.
If you ever find yourself confronted with a similar situation, you should immediately notify police, particularly if children are present. If, on the other hand, you or someone you know has been charged with a crime related to public nudity or sexual conduct, you should immediately contact a local, experienced criminal defense attorney. Obviously, the consequences of a conviction for such a crime can be very serious and could include lifelong registration as a sex offender or sexual predator.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
While many have decried the ruling, saying it effectively legalizes public masturbation, this is probably not true. Had the man been charged with another crime, such as those pertaining to preventing public disturbances, he may have been convicted. In response to the ruling, Dr. Liz Davies of London Metropolitan University, who has researched Sweden's child protection system, told the Daily Mail that the court decision surprised her. "Sweden has a really robust child protection system and very rigorous investigation around sexual abuse," she said. "So this judgment is surprising given that such an act could be witnessed by children as well as adults."
In the United States, this case would likely have had a very different outcome. American jurisdictions tend to be much less tolerant of public nudity in general, let alone public displays of any form of sexual conduct. Had this occurred in most US jurisdictions, the man could have been charged with public indecency, variations of lewd and lascivious conduct, and any number of varying child abuse or child related sex crimes if any children were present on the beach. After the conviction, the man also probably would be forced to register as a sex offender for the rest of his life.
If you ever find yourself confronted with a similar situation, you should immediately notify police, particularly if children are present. If, on the other hand, you or someone you know has been charged with a crime related to public nudity or sexual conduct, you should immediately contact a local, experienced criminal defense attorney. Obviously, the consequences of a conviction for such a crime can be very serious and could include lifelong registration as a sex offender or sexual predator.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
