Sex In Public: Are You Going To Get Arrested?

As the old saying goes, ‘Why have boring old missionary in the privacy of your own house, when you could be doing awkward contorted doggy in your car?’ While this this convincing proposition for public sex might not actually be a legit old proverb, if you’re particularly frisky, it might be something you’ve said to your sex partners. 

Public sex is the domain of adventurous folk who find themselves bored by the sheets and excited by the fresh air and sky. It’s also, often, the domain of those who find the trope of ‘almost getting caught’ a sexual turn-on. It’s the thrill of knowing you could be sprung at any moment. This is okay when you’re having sex on your share house couch and your housemates walk in – the most you’ll get is a stern talking to, and strict instructions to dry clean the couch. But things get a little trickier when you’ve decided you want to fly your freak flag in public.

For starters, is public sex legal? If you’re caught – police happen to cruise by, or a shaken little old lady calls them on you – what’s the deal? Are you going to end up with just a warning and a feeling like you’ve let your neighbourhood down (sorry Margaret, but you shouldn’t have been peeking out your windows anyway), or are you actually going to get arrested? There are some things you don’t want to have to call your mum about, and paying bail for getting caught fucking in the back of your Tinder date’s Mazda in the Preston Red Rooster carpark is certainly one of them.

So, let’s look at the fine print of the law regarding public sex. It seems to have to do with where you’re planning your jaunts and whether anyone will be able to see you. In Victoria and New South Wales, a person who has exposed their genitals in a public place, indecent exposure, to people, can be sentenced to jail time up to a maximum of two years. If you’re the sort of person who never wants to have to explain to a potential employer that you went to jail for a few years back because you copped a blow job at the Fitzroy Pool, then read on.

It all has to do with potential visibility. Obviously, if you’ve got a consenting partner, who you’re solely showing your genitals to – for example in the Mazda – they aren’t going to call the police on you. However, if you decide to start masturbating on the 86 tram on the way home…it’ll be a different story. And, soliciting passers-by for sex in public is illegal – it’s probably best to sort out a partner to do the deed with prior to picking a park you’d like to have sneak off to.

Make sure you’ve picked a place that isn’t family-friendly enough to have young eyes around (no pools during the school holidays or children’s playgrounds), or the likelihood that any eyes at all will easily find you. This makes picnic areas at public parks during the day probably a no-go – but if you’ve found yourself a private enclave and it’s dark, sure. Don’t go for the beach on the first day of summer, either (sand in your genitals is just a bad time for all, anyway).

So basically, if your genitals are highly visible to other people, that’s a nope. Though it is unlikely that you’ll face jail time if you’re just a randy first-time offender who’s made an old lady faint, but if you’re a repeat public sex offender – the legal system may not be as forgiving. And, there could well be a $1000 fine thrown your way for offensive behaviour in public. But hey, if you’re willing to risk it, and who isn’t, because public sex is super-hot, just be discrete and try to think about what your mum would say if you had to call her from the cop shop. Go park that Mazda somewhere remote*.

Let's explore some fun public sex scenarios that you could try out.

Creeping Finger Tips

Difficulty: Easy

For beginners, it helps to get comfortable with being sexual in public. Choose a quite pool and lay out by the lawn chairs. Once you’ve settled in, start massaging your partner with some sensual massage oil. Not only will the massage calm their nerves, but the change in setting will add a vulnerability and sense of adventure to your sex life.

Two Buzzing Bees

Difficulty: Medium

Have public sex without touching each other by wearing remote controlled vibrators. They wear the toy and you have the remote. Their pleasure becomes entirely yours to control. To really see them squirm, activate the toy at the most inconvenient time…maybe when they’re asking a shop assistant for help.

See No Evil, Do No Evil.

Difficulty: Hard

Park your car in a discreet location and engage in oral sex. What’s the twist? The partner receiving head must be wearing a blindfold. Kept in the darkness they will have their senses heighten and struggle to anticipate your next touch. The added thrill of neither person being about to look out will make your public sex even more daring. The trick is to pretend your napping, which means you have to stay completely still.

Create your own public sex fantasy with Club X's online collection of toys. 

Club X does not endorse offensive behaviour by a person in a motor vehicle in a declared area. Engage in public sex at your own risk*

Here are some further readings regarding laws in each Australian state: 

VIC: https://www.legalaid.vic.gov.au/find-legal-answers/criminal-offences/behaviour-in-public-that-is-against-law

ACT: https://canberra.armstronglegal.com.au/criminal-law/sexual-offences/indecent-exposure

NSW: https://www.criminallegal.com.au/nsw/blog/obscene-exposure.html

QLD: http://www.legalaid.qld.gov.au/Find-legal-information/Criminal-justice/Offences/Breaking-the-law-in-a-public-place#toc-illegal-behaviour-in-a-public-place-2

WA: Criminal Code Act Compilation Act 1913 Western Australia (Section 203/Page 122)

SA: https://www.lawhandbook.sa.gov.au/ch12s05s05s02.php

TAS: https://www.hobartlegal.org.au/handbook/crime-and-punishment/sexual-offences/offences/