The recent questioning of a famous Flemish football commentator in connection with possible acts of exhibitionism has focused attention on this phenomenon. Most people associate exhibitionism with acts that take place in public spaces, but the recent case shows that what you do in the privacy of your own home could potentially land you in trouble.
Home News
Should people who run around naked at home fear prosecution for exhibitionism?
Colin Clapson
Published:
Those of you who thought you could do what you like at home had better take a second look at Belgian criminal law. "Under Belgian law exhibitionism is defined as forcing upon others the sight of one’s naked private parts” explains criminal lawyer Nina Van Eeckhaut.
“We’re not only talking about acts that happen in public, but also about what happens in places the public at large can see. Examples include rooms with open curtains or a garden in plain view of neighbours”.
Intention is the key word
Still, Van Eeckhaut notes that not every person who briefly stands at an un-curtained window in the nude commits exhibitionism. “There needs to be an intention: the culprit has to experience sexual lust as a result of his or her acts. If you enjoy running around naked at home, that won’t be a crime”.
Proving an intention is not always easy, warns the lawyer. “Under older legislation nudists and people peeing in public were committing public indecency offences. Under the present law such acts are no longer punishable because somebody peeing in public doesn't experience any sexual pleasure as a result”.
Not exhibitionism but stalking
Even if there is no bad intent, others may experience your running about naked at home as disturbing. If your neighbours complain they are seeing more than they would like, it's best to respond to these concerns.
“You may no longer be committing an offence of exhibitionism, still you may face prosecution for stalking offences because you are disturbing other people’s rest of mind on purpose. As soon as somebody indicates that your behaviour is experienced as disturbing, it’s best to stop, to protect yourself” explains Van Eeckhaut.
Still, the criminal lawyer warns, that if you don’t want any trouble, curtains are always a safe bet!