Nurse allowed to sunbath naked at Home

[torreviejalads]

Below is a story about a woman taken to court in the UK for sunbathing nude. She's won the case, but what a pathetic waste of money.
I live in Spain and it's your legal right to be naked in public. And as for the kids being 'shocked' it's only the way they've been brought up by their parents.
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Source: Sky News

A woman who was videoed sunbathing naked by a neighbour has won a court battle allowing her to peel off in her garden.

Lynette Burgess was arrested after neighbour Morien Jones handed over a recording to police showing her catching some sun in the buff - in her own garden.

She was charged with indecent exposure after the Crown Prosecution Service decided the 55-year-old district nurse "intended to offend".

However magistrates decided Miss Burgess, of Llandyfriog, near Cardigan, did not "mean to cause harm or distress" and found her not guilty.

Mr Jones, 34, told the court: "I was renovating the back of my home with a local builder when Miss Burgess appeared in her garden.

"She walked back and forth completely naked - I went to get my video camera to record the incident."

He said his wife and his three children, aged 12, ten and four, were shocked and insisted he did not want to bring up his kids in "such an environment".

Following the decision Miss Burgess, who regularly sunbathes in a secluded part of her garden, is now leaving the village.

"She said: "I have been very distressed about it. I thought I was going to prison. I am a Christian and go to church. It has caused me acute anxiety.

"Sometimes I would wear a top and pants, sometimes I would go topless, sometimes nude.

"How they were able to see me, I just don't know."

[Sauna]

In my country to be naked in own garden is not banned, but filming it is banned. It is your private area and nobody is allowed to hurt your privacy and film you there without permission. So the neighbor is the criminal.

[Pete Knight]

Under the 'Sexual offences Act' it is an offence termed as voyuerism, to watch and or video someone.

Pete Knight

[Pete Knight]

There is a new "Have your say..." section on the BBC news website - BBC News - where people can submit their answers to the question "Is it acceptable to sunbath nude in your own back garden?".

I think that as many of us as possible should enter comments here - it is a good opportunity to put our views across.

This message was cross posted from a British forum.

[hikingman]

I am very happy for this woman and glad she won her case but what a shame she had to go through all the fuss and expence.
I think she done every thing she could to keep from offending anyone.
I have been sunning every day this week in my back yard and have gone to great pains to make sure no one will be offended,I don't know if its legal or not.
I am a christian also and wouldn't want to be caught and made public. I do a lot of nude hiking and I think its a shame someone can speed down the hwy at speed in excess of 80 mph and they get a stiff ticket but you let some one who enjoys nature get out side not harming anyone and they get a stiff fine,possible arresed ,charged with a mistermenor,and banned as a sex pervert .What craxy mix up thinking .Ron

[johny]

I dont know very exactly, just here are no much a court cases about such in my Latvia (Lettonia), but I evaluate it is not too heavy to win a legal battle to sue this he-neighbour about willingful sexual harrasment or at least willingful trial to ``steel a person`s honour``. Both are criminal penalties with 5-10 years at maximum or 1 year of suspended sentence at minimum.

Few monthes ago I see a Russian TV show "court cases" where in the Moscow one man made a pictures of woman living nude life in her apartments. She thought she is in a safe side if a nearest house stays more than 1 km afar. But she didnt expected a telescope useage through a window. Russian laws said in that case that while the photographies arent spreaded out, he did nothing illegal and thats her responsibility to hide or not to hide (judge said - if You want to be absolutely safe You ought use a thicker curtains). But if he would sell those pictures, he would made a criminal offence "production of pornography without of conscience of `art model` and `public harming a person`s honour`".

[Stu2630]

I wasn't surprised that she was acquitted - I'm astonished that the CPS pursued this charge. Section 66 of the Sexual Offences Act 2003 is a fairly serious sexual offence and, had she been convicted, she would have become a registered sex offender. Sledgehammer to crack a nut, I think. Besides, there wasn't the evidence to show she had intended to cause offence, so it was a non-starter.

If my neighbour decided to sunbathe naked, I wouldn't complain to the police at all. I would sue her in the County Court under the Common Law for "private nuisance", and seek an injunction. And I reckon I'd win that one with most judges I know.

It's pretty clear from the story in the press that she was already unpopular in the village - and some of these Welsh villages are very close-knit. Why didn't she ask the neighbour if it was OK, first? Why didn't he speak to her, in a friendly way, and ask her if she could confine her nakedness to parts of the garden where she could not be seen? There was obviously a lack of communication between the parties in this case.

BTW - Her neighbour videoing her is not "voyeurism" unless he does it for sexual gratification.

Stu

[Kari P]

Originally posted by Stu2630:
Why didn't he speak to her, in a friendly way, and ask her if she could confine her nakedness to parts of the garden where she could not be seen?

She said: "How they were able to see me, I just don't know." To me this means that she had reason to think that she couldn't be seen.

BTW - Her neighbour videoing her is not "voyeurism" unless he does it for sexual gratification.

But it's invasion in her privacy anyway. As Sauna said, watching by technical means (e.g. binoculars), photographing or videoing of people in their private places is illegal here.

[Nudeinbama]

She was right for doing what she pleased on the privacy of her own property. He was wrong, In the wrong and should be punished for it. End of story... In my opinion, but we know what that counts for,huh?I am glad she won the case, but sorry she had to go through it all. Who's to say he did'nt use the tape for self gratification, before turning it in to the authorities? Sue the privacy invading Perv!
Nudeinbama

[John P]

Oh, it's Evans the nudist you'll be wanting...

(You have to know British jokes to understand that.)

[Ken Palmer]

I'm afraid I have to agree with this. If you have to invade someone's privacy to film them nude, you are definitely the criminal. I think there is a term for those kinds if people. They are called Peeping Toms if I am not mistaken!

Ken Palmer

Originally posted by Sauna:
In my country to be naked in own garden is not banned, but filming it is banned. It is your private area and nobody is allowed to hurt your privacy and film you there without permission. So the neighbor is the criminal.

[Pete Knight]

Originally posted by Stu2630:
BTW - Her neighbour videoing her is not "voyeurism" unless he does it for sexual gratification.

Stu

Stu is our resident UK legal eagle, and I respect is knowledge of UK law, BUT, as I understand it under the SOA photographing someone in the privacy of the own home withot their consent IS an offence, for sexual gratification or not, and how do you prove or disprove intent?

Pete Knight

[Bushnud2]

Originally posted by John P:
Oh, it's Evans the nudist you'll be wanting...

(You have to know British jokes to understand that.)

Being 1/4 Welsh - I know where you are coming from.......
Bushnud

[nacktman]

The prude pervert neighbor should be hauled off the jail and let him get his jollies there.

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Oh, and being Scots I keen the quip about "Evans".

[Sauna]

Originally posted by nacktman:
The prude pervert neighbor should be hauled off the jail and let him get his jollies there.

That is the law here. So the laws are not equal in different countries. Nakedness is not a crime but hurting privacy is.