I'm a lawyer… here's your rights to sunbathing topless in the garden in heatwave | The Sun
A LAWYER has revealed your rights when it comes to sunbathing topless in the garden.
Many Brits will be topping up their tans as a heatwave sizzles the UK this week.
However, female sun-seekers in particular are often unsure as to whether they can whip off their bikini tops to keep their tan even as temperatures soar.
Men almost always sunbathe shirtless and even walk out in public without their tops, but for women this is more taboo.
Indeed, sunbathing without a bikini top has a strong tradition in certain continental nations like France and Spain, but has never really taken off in the UK.
An expert lawyer, though, has told the Sun what sun-loving Brits can and can't do when it comes to topless sunbathing.
Barrister Lynette Calder says that, in your own garden, it's all fair game as long as your intent is not to harass or distress neighbours.
"Unless you are in contravention of section 66 of the Sexual Offences Act 2003 (ie 'intentionally exposing your genitals with the intention that someone will see them and be caused alarm or distress' then there is no specific rule against nudity in the UK", says Ms Calder.
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"Breasts aren’t genitals so topless in your garden is fine unless I suppose you are trying to cause alarm or distress to your neighbours sufficient to trigger the Protection from Harassment Act 1997 criteria."
These criteria include "conduct which a reasonable person knows or ought to know amounts to harassment of another."
"So if you are deliberately trying to upset your ultra-conservative neighbour by stripping off every time they come out to water their dahlias then possibly."
In effect, then Brits can go topless in their own gardens to soak up the sun.
When it comes to whipping off your top in public the lines are more blurred, according to Ms Calder.
"Topless in more public places is a bit more tricky, its not technically illegal but might be caught under 'outraging public decency.'"
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This would be the case if the act of going topless in public was seen as "lewd, obscene or disgusting and in the presence of at least two members of the public."
Overall, then, it is safest for female sun-worshippers, should they wish to sunbathe topless, to do so in their own garden.
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