I’m a lawyer… here’s your rights to sunbathing topless in the garden in heatwave
A LAWYER has revealed your rights when it comes to sunbathing topless in the garden.
Many Brits will be keen to top up their tans as a heatwave sizzles the UK this week.
Barrister Lynette Calder says it's fine to strip off in your own garden - as long as your intent is not to harass or distress neighbours.
"Unless you are in contravention of section 66 of the Sexual Offences Act 2003 - ie 'intentionally exposing your genitals with the intention that someone will see them and be caused alarm or distress - then there is no specific rule against nudity in the UK", says Ms Calder.
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"Breasts aren’t genitals so topless in your garden is fine unless I suppose you are trying to cause alarm or distress to your neighbours."
These criteria include "conduct which a reasonable person knows or ought to know amounts to harassment of another."
Ms Calder explains: "So if you are deliberately trying to upset your ultra-conservative neighbour by stripping off every time they come out to water their dahlias then possibly."
When it comes to whipping off your top in public the lines are more blurred, according to Ms Calder.
She advises: "Topless in more public places is a bit more tricky, its not technically illegal but might be caught under 'outraging public decency.'"
This would be the case if the act of going topless in public was seen as "lewd, obscene or disgusting and in the presence of at least two members of the public."
