Your Ad Here Your Ad Here
Results 1 to 10 of 10

Thread: Masturbation at home not an offence if seen by neighbours

  1. #1
    http://www.recorder.ca/cp/National/0...n0127127A.html

    VANCOUVER (CP) - The Supreme Court of Canada has ruled that masturbating at home is not an offence, even if the activity can be seen by peeking neighbours.

    The case centred on whether a private space - Daryl Clark's living room - became public because others could view it. The high court said No in a unanimous ruling Thursday. "The living room of his private home was not a place 'to which the public (had) access as of right or by invitation, express or implied,' " Justice Morris Fish wrote, quoting the Criminal Code.

    "I do not believe it (access) contemplates the ability of those who are neither entitled nor invited to enter a place to see or hear from the outside, through uncovered windows or open doors, what is transpiring within."

    On Oct. 28, 2000, Clark's neighbours across his backyard in Nanaimo, B.C., noticed "some movement" in Clark's living room.

    The woman had been watching television with her two young daughters in their family room, a room lit only by a television screen and light from the adjoining kitchen.

    The woman moved to another room for a better view, then called her husband. The pair watched Clark for up to 15 minutes from the privacy of their darkened bedroom.

    The court found they took care to avoid being seen by Clark, peering out from underneath their partially lowered blinds. Later, the woman's husband fetched a pair of binoculars and a telescope. He also tried, unsuccessfully, to videotape Clark in action, says the judgment.

    The judgment notes the pair were "understandably concerned" because they feared Clark was "masturbating to our children."

    The neighbours, who are identified only as Mr. and Mrs. S, called police.

    The officer was able to see Clark from his belly up from the neighbour's bedroom and from the neck or shoulders up from the street level.

    But Clark was charged after the police officer shone his flashlight in Clark's window at close range.

    The trial judge concluded he had "converted" his living room into a public place and the B.C. Court of Appeal upheld the conviction.

    Clark was given a four-month sentence.

    Gil McKinnon, Clark's lawyer, said his client is happy with the outcome and glad to be getting on with his life, but he's not interested in talking about his court fight.

    McKinnon said the Supreme Court rejected the notion that people's private living spaces can be turned into public places just because someone can see inside.

    "A person has the freedom in his or her own living room to do whatever they choose to do and is not caught by the criminal law if they have no intent to offend or insult someone who may not be on that private property."

    The protection isn't extended to someone who commits an indecent act on their own property with the intention of letting the neighbours see it.

    But in this case, the evidence suggested Clark had no idea he was being watched, the court found.

    John Russell, president of the B.C. Civil Liberties Association, said he was surprised the case got before the courts in the first place.

    But he said he was relieved the ruling went the way it did.

    If it had gone the other way, "we would have to be a lot more careful about closing the drapes or covering up.

    "In fact, most Canadians are careful in those ways and it would appear that the poor man had just failed to take the formal precautions."

    The Canadian Press, 2005
    Last edited by Caroline; 01-29-2005 at 03:43 PM.

  2. Lounge   -   #2
    enoughfakefiles's Avatar Ad ministrator
    Join Date
    Jun 2003
    Location
    I'm an Even Steven with a
    Posts
    10,491
    I`m not going to canada just for a rub.I`ll carry on with the curtains closed......

  3. Lounge   -   #3
    Biggles's Avatar Looking for loopholes
    Join Date
    Jul 2003
    Location
    Scotland
    Age
    60
    Posts
    8,804
    Candidates for "Neighbours from Hell" methinks.
    Cogito cogito ergo cogito sum


  4. Lounge   -   #4
    brotherdoobie's Avatar Long live Hissyfit BT Rep: +1
    Join Date
    Jan 2003
    Location
    Next To Automated Alice
    Posts
    11,489
    Quote Originally Posted by Caroline
    http://www.recorder.ca/cp/National/0...n0127127A.html

    "In fact, most Canadians are careful in those ways and it would appear that the poor man had just failed to take the formal precautions."

    The Canadian Press, 2005
    Noob...

    Peace bd

  5. Lounge   -   #5
    They could have simply wrote a note, and put it into his postbox
    simply stating -
    Code:
    "Dear Sir,
    could you in the future please masturbate either with,
    your curtains closed or elsewhere.
    thank you,
    your neighbours"
    That would wake anybody up....although if he still continued to do so, i guess you could then, consider it as exhibitionism.
    Last edited by Caroline; 01-29-2005 at 03:48 PM.

  6. Lounge   -   #6
    brotherdoobie's Avatar Long live Hissyfit BT Rep: +1
    Join Date
    Jan 2003
    Location
    Next To Automated Alice
    Posts
    11,489
    Quote Originally Posted by Caroline
    They could have simply wrote a note, and put it into his postbox
    simply stating -
    Code:
    "Dear Sir,
    could you in the future please masturbate either with,
    your curtains closed or elsewhere.
    thank you,
    your neighbours"
    That would wake anybody up....although if he still continued to do so, i guess you could then, consider it as exhibitionism.
    Or laziness...

    Peace bd

  7. Lounge   -   #7
    Snee's Avatar Error xɐʇuʎs BT Rep: +1
    Join Date
    Sep 2003
    Location
    on something.
    Age
    38
    Posts
    22,677
    That should teach them to peak through other people's windows.


    Binoculars, telescope, videotape- those people sound like a couple of assholes to me.

  8. Lounge   -   #8
    peat moss's Avatar Software Farmer BT Rep: +15BT Rep +15BT Rep +15
    Join Date
    May 2003
    Location
    Delta B.C. Canada
    Posts
    10,816
    Quote Originally Posted by Mr JP Fugley
    They should get prosecuted for voyeurism, nosey bar stewards.


    Read in the paper , thats what made me chuckle ! Telescope? For christ sake .

  9. Lounge   -   #9
    peat moss's Avatar Software Farmer BT Rep: +15BT Rep +15BT Rep +15
    Join Date
    May 2003
    Location
    Delta B.C. Canada
    Posts
    10,816
    Quote Originally Posted by Caroline
    They could have simply wrote a note, and put it into his postbox
    simply stating -
    Code:
    "Dear Sir,
    could you in the future please masturbate either with,
    your curtains closed or elsewhere.
    thank you,
    your neighbours"
    That would wake anybody up....although if he still continued to do so, i guess you could then, consider it as exhibitionism.

    Then in the next note you include a pair of tweasers , and a magnafiing glass .

  10. Lounge   -   #10
    bigboab's Avatar Poster BT Rep: +1
    Join Date
    Jul 2003
    Posts
    30,399
    Does this mean it is an offence if it is not seen by neighbours?
    The best way to keep a secret:- Tell everyone not to tell anyone.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •