The naked truth about nude hiking
Our comment that public nudity was illegal sparked a deluge of personal correspondence unparalleled in recent months, as nudists including hikers and bikers strained to point out that the activity did not break any laws.
Naturist Action Group spokesman Duncan Heenan said: "I am responding to your article in Newbury Today in which you say that Naked Rambling is illegal. It is not, and I challenge you to quote any statute (other than specific bylaws) which say it is.
"If you refer to s66 of the Sexual Offences Act 2003, you will see that there is a considerable burden of proof of 'mens rea' on the prosecution to obtain a conviction, i.e. the clear intention has to be to cause shock and alarm to the victim.
"A guide on this subject is available by download following the links from
"
The story went far and wide with naturists from Florida to Kent getting in on the action and pointing out the wording of the law which allows nude hiking.
Another correspondent, David Evans, from the West Midlands, said: "You report that hiking naked is illegal. It is not. S66 Sexual; Offences Act 2003 only makes exposure illegal in certain circumstances viz:
Exposure
A person commits an offence if—
(a)he intentionally exposes his genitals, and
(b)he intends that someone will see them and be caused alarm or distress.
"There must be intent to cause alarm or distress which in your reported story is clearly not the case.
"If you must put comment please ensure they are accurate. Misquoting is helping to discriminate against naturists enjoying a lawful activity. The Steve Gough (a naked rambler who hit the headlines following an arrest in Scotland) story is different being under Scots law which I don't think applies in Berkshire."
Rodney Marshall, from Kent, pointed out that the activity is even more widespread than originally thought.
"Passive, non-sexual nudity has been legal in England and Wales since the 2003 Sexual Offences Act came into force, and your ill-informed statement is typically ignorant.
"Every year, thousands of naked people participate in protest bike rides around the country (this year's events will take place next weekend) and the police often provide enabling traffic management services. There have never been any arrests during these rides because passive non-sexual nudity is NOT illegal.
“For your information, Steven Gough was imprisoned initially for contempt of court, not for naked rambling, but it's a long complicated situation and the law is different in Scotland."
Have your say on the issue by emailing mark.taylor@newburytoday.co.uk or adding your comments to our forum or under this post.
For the original story, click here