Mass trial Delft touches core rights of Dutch nude recreationists.
Tuesday January 28th will see a unique fact in Dutch history. Then the court in The Hague will look at the 43 fines that have been handed to nudists in the Summer of 2013. 20 nude recreating people did not pay their fines because they think they’ve been fined unjustly in the area where they were at that time. The NFN (Dutch Federation for Nude Recreation) agrees with these people and will support the right for nude recreation in the Delftse Hout (name of area where fines were written).
Rain of fines creates unrest.
In 2013 the city of Delft decided to ban nude recreation in the Delftse Hout and fine people who were there anyway. The ruling was an attempt to reduce harassment in the area (especially in the evening). The daily checks at the nude beach led to large unrest and irritation among the visitors, so many of them stayed away. Some felt so intimidated that they decided to put on some clothes. A large group of nudists refused to to accept the ruling of the city council and let themselves be fined. All those fines are now seen by the judge in one large trial.
Topless Women in Public Not Breaking the Law Says NYPD
Ladies of New York , you are free to walk bare-breasted through the city! New York City’s 34,000 police officers have been instructed that, should they encounter a woman in public who is shirtless but obeying the law, they should not arrest her. This is a good step towards gender parity in public spaces.
This decision means that breast exposure is not considered public lewdness, indecent exposure, or disorderly conduct. It also notes that, should a crowd form around a topless woman, the officer should instruct the crowd to disperse and then respond appropriately if it does not. Relative coverage is no longer a factor.
It keeps surprising me that any country that wants to be seen as liberal is still making such a fuss about public nudity. After all, it’s not just the US of A, but just about every country in the world that goes against such things. And why? Because there’s something visible on a woman that’s just not so pronounced on a man.
When seen on the inside, everyone looks about the same in the chest area. We have to, we’re all human!
It’s just the added value of the female breast that makes things bad?
(If you have to think about the added value then you have no idea how many babies are raised.)
I hope that soon the day will be there that everyone can walk around the way they like and that humanity as a whole, advanced and intelligent as it now is, has gained some proper insight on personal freedom, a value that seems in decline since quite a while.
I found an interesting piece on a trial involving a nude hiker in Germany (original in German here on tz-online.de) which I’ve translated as well as possible in this post:
Bizarre trial around alleged exhibitionist.
Munich – A nude hiker was accused of exhibitionism by a 44 year old woman. The man from Giesingen was arrested. End of this: a bizarre trial with odd dialogues.
Just now the court pronounced Rudolf L. not guilty. But the 45 yo man from Giesingen still feels he’s been treated unjustly. “This is a joke, I feel hurt in my pride,” he complains. “This is a scandal, they should arrest the criminals.”
The “criminal” that Rudolf L. mentions is Anja N. She’s a film producer and she accused him of playing with his genitals as he was hiking along the river Isar in the nude. She was on her bicycle behind him and said how she saw how his hands moved in the area of his privates. “I do think that was not because of me,” she added. Still out of principle, “because I felt violated because of that”, she warned the police on that June 29th.
Schoes, backpack, sunglasses – that was all he wore
The officers came – and arrested Rudolf L. Little later he was formally accused of exhibitionism. This however was not confirmed by the court. Because Anja N. suddenly declared that she had not seen it all that clearly, it was more something she had deducted, that he was doing something unacceptable. Also she hadn’t even recognised him any more, she confessed. “Maybe I’d recognise him by his behind,” the 44 year old assumed. Rudolf L. in the courtroom however thought not.
Very different at the Isar. There Rudolf L. walked along rather undressed, Shoes, backpack, black sunglasses, that was all he wore on that day shortly after 6pm. “I was on the way home because there would be a thunderstorm,” he said. All the other sun-lovers had left already. “I was all alone.” At least he hadn’t seen anyone else. And even when: “From Wolfratshausen to Freising everyone lies around naked.”
“I’m gay, since birth””Then I needed to pee urgently and went into the bushes,” he reported. That was where the woman had addressed him. “I felt hindered as she interrupted me while peeing.” Shortly after that the police arrested him. “After that I was completely through with my nerves.”
That was visible in court as well. Still Rudolf L. seems to be devastated about the idea that the woman blames him to act against moral values. Even worse it is for him that the woman insists he had been exhibiting himself to excite himself. “I’m gay, since birth,” he complained. “I am not interested in women, it’s in my genes. I’m gay as they come.”
“I was ashamed to death”
That convinced the judge as well. Exhibitionism, so he said, was out of the question. Perhaps a disturbance of public decency that would require a “gravely indecent act” like “masturbating in public”. This however was not proven. Therefore the accused was acquitted.
Rudolf L. does not think that’s enough. “This is prosecution of the innocent,” he said after the verdict. That’s why he now wants to prosecute the woman. “After all, I was arrested. I was ashamed to death.”
Note from Paul: Laws about nudity in Germany are much the same as in the Netherlands. If you make sure you’re not offending anyone by just being nude and you stick to places that are not near the general public, you should generally be safe. Of course it always comes down to the local authorities, so check before you strip. Exhibitionism for sexual arousal, having sex in public and things like that however are obviously forbidden.
In a Dutch town there was an action against discarding the local nude beach. (Report in Dutch here.)
A most interesting part in this article is:“Strafwet. De strafwet staat bloot recreëren overal toe, zolang anderen zich daar niet aan storen.”
Criminal Law. Criminal law allows nude recreation everywhere, as long as others don’t take offence.
Now that’s something I didn’t know. Basically this says you’re allowed to go nude anywhere as long as you’re not bothering others. Quite cool!
This webpage for a Dutch naturist area (in Dutch of course) explains that the law article where this is detailed is number 430a. Most important part: “Het wetsartikel 430a maakte naaktrecreatie dus mogelijk op alle plaatsen die voor ongeklede recreatie geschikt zijn. In het algemeen zijn dit plaatsen waar geen openbaar verkeer langs komt.”
Law article 430a therefore enables nude recreation in all places that are suited for clothes-free recreation. In general these are places where no public traffic passes by.
(Public traffic here needs to be seen also as pedestrians and cyclists of course, not just cars.)
Another website (maintained by a lawyer), “Strict in criminal law” (Scherp in strafrecht) states: “Of een plaats voor naaktrecreatie geschikt is, wordt bepaald door plaatselijke omstandigheden en de redelijkheid.”
Whether or not an area is suitable for nude recreation is decided by the local circumstances and reason.
Which makes sense of course. With public awareness that nude recreation is more and more common, there would nothing against finding a silent/secluded spot in a forest and drop all clothes there for a while. Doing so in the middle of a town will certainly be frowned up (and that would be the least), so with these things in mind, the possibilities for nude recreation in the Netherlands become quite a lot more extensive.
Do you sometimes walk around in your house whilst not wearing anything? Going around naked as on the moment you were born?
If so, you might be surprised to hear that you’re not allowed to just like that. If you walk by a window in your naked glory and someone from the street looks inside and sees you, that person can file a complaint against you for indecent exposure. Even when you’re in your own house! It doesn’t mean you’ll get arrested and thrown in jail, but there’s a good chance you get a warning from the police.
Now I have to add that I am not sure if this is true everywhere, but there are many places and countries where this is a fact. When you want to sit in your garden and feel the sunshine on all of your skin, you need to make sure that none of your neighbours can see you that way for the same reason. And don’t think that a good fence will be enough: if someone can see you from their upstairs rooms you’re at fault too.
Isn’t that dumb? No matter how liberated the world at large wants to feel, we’re constricted in our freedom by a morality forced upon us by a bunch of people who feel that nakedness is not a natural state of being. The more because it is a natural state of being. I have yet to hear about a baby being born with a diaper on…