Indecent Exposure Defense

By on 6-19-2017 in Sex Crime Defense

Sex crimes are often the most controversial ones, but not all of them are in the level of rape and sexual assault. There are other sex crimes that are not as heinous and therefore often overlooked, such as indecent exposure.

According to the website of Horst Law, indecent exposure is the intentional exposure of a person’s genitalia or butt to another person or exposing unwilling bystanders to any manner of sexual contact occurring between two or more participants. There are possible factors that may influence defense to indecent exposure charges, such as the following.

Intention

One of the main ideas behind indecent exposure is that it is intentional. If the exposure is accidental, and there is no evidence that may prove intent, it can be argued that the act is already beyond the official definition of indecent exposure.

For example, if you are engaging in sexual behavior in a parked car and you have been accidentally seen by a bystander, you can say that the exposure is not intentional even if you are in a public space, because you are clearly inside a vehicle where the view can be blocked.

Place

Another core idea behind indecent exposure is that is has been done in a public place – in other words, a place where an unwilling bystander may witness the exposure. A possible defense against indecent exposure is questioning the place, whether it is truly a public space or a private space.

If it is actually a private place, like when you are at home and you have accidentally exposed your genitalia through a window, you may have a viable defense.

Identification

If the indecent exposure is merely an accusation by a witness, it may be much easier to defend yourself using proper identification as a factor. Are you truly the person the witness has seen to indecently expose himself? Is this person in a proper physical and mental condition to be a viable witness?

Mental Condition

Your mental condition can also be a factor that can influence the viability of an indecent exposure charge against you. If you are mentally impaired during the act, either permanently or temporarily, and therefore have no means to know what you are doing or judge whether what you are doing is right or wrong, you may have a viable defense.

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