What is “Obscene Exposure” and What Penalties are in Place?

Sahar Adatia.

It’s a mantra for the achievers, the doggedly determined, the deeply dedicated: where there’s a will, there’s a way.

And this was certainly the case for a Slovakian man and his Polish-born partner who decided they would briefly pause on their amorous encounter to succumb to their sexual desires and begin a good old romp session on the side of a public footpath.

Milan Spodniak, 41, and Ewelina Sroczyk, 37, took little notice of the world around them when they went about casually satisfying their urges on a pile of logs in the Greenlawdean Farm area of southern Scotland.

Clearly caught up in the heated moment, what the long-term partners failed to realise, however, was that a man walking his dog happened to stroll past and witnessed the pair having sexual intercourse.

Absolutely disgusted at the sight, the dog owner swiftly changed his direction so as to avoid the lewd scene and an awkward confrontation for both himself and his pet.


Nevertheless, while the randy couple momentarily caught gaze with the man, as soon as he had walked off, the infatuated duo simply carried on with their public love-making.

Dog Walker Reports Couple Having Sex in Public and Demands Compensation for Being Forced to Witness Public Romp Session

The revolted dog owner decided to call the police to report the obscenity, noting the popular hiking spot in Greenlawdean Farm.

He also passed on photos of the couple’s vehicles and their registration plates which he had taken when leaving the roadway.

Mr Spodniak, a father of three, and Ms Sroczyk, who live together, were eventually traced and charged for their obscene conduct.

The pair was given notice to appear at Jedburgh Sherrif Court, however, Ms Scroczyk did not attend.

Inside the court, it was heard Mr Spodniak and his partner had driven seven miles from their home in Duns to Greenlawdean Farm, a popular hiking spot.

Addressing the matter, Prosecutor Joanna Waller acknowledged the dog owner’s repulsion at the sight. 

“The witness was walking his dog and saw the accused having sexual intercourse against a log pile,” Prosecutor Joanna Waller said.

“He changed his direction to avoid walking past. 

“The couple briefly stopped what they were doing. But as the witness walked away, they continued to have sex.

“On returning home the witness contacted the police.”

Ultimately, Mr Spodniak pleaded guilty to the obscene behaviour, while Ms Scroczyk submitted a letter in which she admitted her guilt.

They were each fined £200 by Sheriff Peter Paterson.

They were also ordered to each pay the dog walker £50 as compensation for being confronted with their 6pm bonk. 

It is understood Mr Spodniak, who works at a sawmill, still lives with his partner.

If seeking advice, you can get in touch with our criminal lawyers in Sydney. Below is an brief outline of the law in NSW on obscene exposure.

What is “Obscene Exposure” and What Penalties are in Place?

In simple terms, “obscene exposure” means any kind of behaviour in which a person exposes their genitalia in a public place or behaviour which is likely to offend the current standards of decency that a community presently upholds.

This conduct can comprise performing sexual acts in public, streaking at an event and even flashing.

While such acts may be carried out as a mere joke or stunt, by the standards of the courts and the community, they are generally still considered to be “obscene exposure”.

In fact, the courts take obscene exposure matters quite seriously, and this is reflected by the heavy penalties prescribed in New South Wales.

If you are in NSW, section 5 of the Summary Offences Act 1988 makes clear that if you wilfully and obscenely expose yourself in or within view from a public place or school, you can face a maximum penalty of six months in jail or a fine of $1,100.

An offence does not take place in the case of accidental exposure that may have happened due to a clothing malfunction, which would be understood as unintentional.Defences to this charge include duress, necessity, or mental illness, where the person was not capable of comprehending the inappropriate nature of their lewd behaviour.

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