Sexual offences
Sexual activity in a public lavatory
Sexual Offences Act 2003, s.71
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Unlimited fine and/or 6 months
Actus reus
- In a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise, intentionally engages in sexual activity (SOA 2003, s.71).
Mens rea
- Intention to engage in the activity. The activity is sexual, and a reasonable person would, in all the circumstances, but regardless of any person’s purpose, consider it to be sexual.
Defences
Not a public lavatory on the s.71 definition · Activity not sexual on the reasonable-person test · Deny the activity
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - High level community order.
At the police station
Summary. This is not outraging public decency. CCTV of the cubicle/door is the usual file.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Sexual Offences Act 2003, s.71 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗