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A report of a conviction for indecent exposure whilst sea bathing at Brighton in 1808.^[1]

[edit] Rex v. Crunden^[2]

Sussex Lent Assizes, 49 Geo. III, held at Horsham, 21 March 1809

This was an indictment (ASSI 94/1614) against the defendant for indecently exposing his naked person in the presence of divers of his Majesty's liege subjects, at Brighton, in the county of Sussex.

It appeared, that on a Sunday forenoon, in July last, he bathed in the sea opposite the East Cliff at Brighton, undressing and dressing himself upon the beach. Till within a very few years there were no houses near this spot, and whole regiments of soldiers used to bathe there at the same time. There is now a row of houses erected on the cliff, from the windows of which the defendant might be distinctly seen as he undressed and swam in the sea. There was no evidence of his having been guilty of any wanton indecency, or having exposed his person beyond what was necessary for the purpose of bathing.

Marryat^[3], as his counsel, contended, that however censurable he might be, for a breach of delicacy and good manners, he had not been guilty of an indictable offence. His object was to procure health, and enjoy a favourite recreation, not to outrage decency or corrupt the public morals. He had no criminal intention; without which there can be no crime. Besides, it appeared that the practice of bathing at this place had continued for many years; and if it was a nuisance, the inhabitants of the newly-erected houses had come to the nuisance, and had no right to complain of it. If the building of a house within sight of a spot appropiated to open bathing, rendered it a misdeameanor to bathe there any longer without a machine, the poor might soon be prevented from bathing on any part of the southern coast of the island. According to the principal contended for, all bathing must likewise be put to a stop to in the Thames, and every other navigable river; for they are all public highways on which his Majesty's liege subjects are constantly passing and repassing; and Millbank, at which the Westminister boys have time immemorial been accustomed to bathe, is fully as much exposed to public view as the East Cliff at Brighton.

McDonald^[4], C.B. I can entertain no doubt that the defendant, by exposing his naked person on the occasion alluded to, was guilty of a misdemeanor. The law will not tolerate such an exhibition. Whatever his intention might be, the necessary tendency of his conduct was to outrage decency, and to corrupt the public morals. Nor is it any justification that bathing at this spot might have a few years ago be innocent. For anything that I know, a man might a few years ago have harmlessly dance naked in the fields beyond Montague house; but it will be scarcely be said by the learned counsel for the defendant, that any one might now do so with impunity in Russell Square. Whatever place becomes the habitation of civilized men, there the laws of decency must be enforced.

The defendant was found guilty; and when he was brought up for judgment, the Court of King's Bench expressed a clear opinion, that the offence imputed to him was a misdemeanor, and that he had been properly convicted. However, as this was the first prosecution of the sort in modern times, they consented to his being discharged, upon his entering into a recognizance to appear when called for to receive sentence.

Shepherd, Serjeant, and Gurney for the prosecution.

Marryatt for the defendant.

[edit] References

1. ↑ Reports of Cases determined at Nisi Prius, in the Courts of King's Bench and Common Pleas, and on the Circuits, from the Sittings after Hilary Term, 49 Geo. III, 1809 to the Sittings before Easter Term, 51 Geo. III, 1811 Vol. II, page 70
2. ↑ John Crunden, the younger, late of Brighton, tailor; A Practical Treatise on the Criminal Law [1819] Vol. II Page 19.
3. ↑ Possibly Joseph Marryatt, M.P. for Horsham
4. ↑ Coram McDonald, the presiding judge