>Perhaps some of us need to be more careful in public places.
What constitutes a "public place" depends upon the legal jurisdiction.
During the mid-sixties, a court in Bloemfontein ruled that a couple were not
being indecent, even though they were naked, engaged in obtaining carnal
knowledge of each other, in the middle of the road! The reason it was not
indecent, was that the couple had an expectation of privacy, because it was road
that was lightly travelled during the daytime. Thus it was, the court ruled,
"not a public place"!
OTOH, a court 600 klicks down the road, in East London, was able to convict a
gay white male of "public indecency", when walking down the street at
night, holding hands with a black female who preferred those of her gender, in
the early seventies.
The couple in the Bloemfontein court were Afrikaans. The couple in East London
were English and Xhosa. Material facts that affected why they were/were not
convicted.[ Reply to This | Parent | # ]
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