Odger's English Common Law

226 OFFENCES AGAINST MORALITY AND PUBLIC DECENCY.
time immemorial men have been accustomed to bathe from
that particular place, or that there has been no exposure
beyond what is necessarily incidental to such bathing. 1
It is also an offence punishable summarily by imprisonment
for three months to expose the person in any street, road or
public highway, or in view thereof, or in any place of public
resort, with intent to insult any female. 2
It is not necessary that the indecent exposure should occur in a place either
belonging to the people or dedicated to public use ; it is enough if it be
a place to which the public generally are admitted. Thus a man could
be convicted of indecent exposure in a theatre if it were shown that a
number of persons saw, or might have seen, what took place. The
expression " an open and public place " in any of the Vagrancy Acts
includes." any place of public resort or recreation ground belonging to, or
under the control of, the local authority, and any unfenced ground joining
or abutting upon any street in an urban district." 3
Unnatural Offences.
Any man or woman, who commits an unnatural offence
with any animal or human being, is guilty of felony and
liable to be sent to penal servitude for life. 4 An attempt to
commit any such offence is a misdemeanour punishable by
penal servitude to the extent of ten years. 5
It is no defence
to an indictment for sodomy or attempted sodomy that the
person on whom it was perpetrated was a consenting party.
The law holds all persons, whether actively or passively con-
cerned, equally guilty as principals of the offence committed,
unless one of them be under the age of fourteen years. 6
It is a misdemeanour punishable with penal servitude for
ten years to assault another with intent to commit an un-
natural offence, or to make any indecent assault on a male
person. 7 Where the person indecently assaulted is under the
age of thirteen, it is no defence to an indictment that he con-
sented to the assault. 8
1 R. v. Crunden (1809), 2 Camp. 89 ; and see 41 Vict. c. 14, 8. 11.
* 5 Geo. IV. c. 83, s. 4.
' Public Health Acts Amendment Act, 1907 (7 Edw. VII. c. 53), s. 81.
* 24 & 25 Vict. c. 100, s. 61.
5 lb. s. 62. A person indicted for the full offence can be convicted of the
attempt (14 & 15 Vict. c. 100, s. 9).
« 1 Hale, 670 ; 3 Co. Inst. 59 ; R. v. Allen (1848), 3 Cox, 270.
i 24 & 25 Vict. c. 100, =,. 62.
« 43 & 44 Vict. c. 45, s. 2.