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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7551
Experience:  Owner at James Bruce Solicitors
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I hope you’re well. I have another question for you if

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Hi James,I hope you’re well. I have another question for you if that’s ok. A friend of mine who went to Spain recently was on a boat and was very drunk and said he masturbated very briefly at night and in a darkened room. People were sleeping but not close to him. What would a defence be in thissituation? Would he likely be able to have a defence if he wasn’t intending to be seen (and I suppose wasn’t)?
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 13 days ago.
Hi James, thank you again for your help. I just want to know really of there would be any defence as nothing has actually happened but I know he’s really worried

Law differ in different countries.

I the UK, it could be an offence of gross indecency.

In Italy, their Supreme Court has ruled it is not an offence, even if it was done deliberately in front of others.

In Spain, it is considered a minor offence thatch carry a fine. If children were present, it then becomes a criminal offence.

Customer: replied 13 days ago.
Right, I see so if it was a fine would that then be recorded in the U.K. pnc?

As for a defence, I suppose the only defence the person could try is the old" drunken Brit abroad defence".

How far that would get them who knows.

Really there is no defence for this.

Customer: replied 13 days ago.
Would there be any type of defence like it was in a dark place and he was fully clothed and lying down on seats although there may have obviously been cameras around. Would there be any type of defence with that?

I cannot see that working as a defence, he still dod what he did, be it light or dark.

Customer: replied 13 days ago.
I see, so if it received a fine would that be recorded over here in the U.K.?
Customer: replied 13 days ago.
If it was an on the spot fine or something?

The authorities could pass on the information to UK police if they want to. Some times they do others they do not.

Customer: replied 13 days ago.
Ok, thank you James

You are very welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 13 days ago.
Sorry James, would there be no defence as he thought that he may have been spiked and for less than a minute he forgot where he was. Would this not be a defence or perhaps it has to be in the company of two or more people? There was nobody around at the time etc. I know he is extremely worried

He would have to speak to a Spanish lawyer to see what if any defence he could argue in Spanish law.

Customer: replied 13 days ago.
Thank you James
Your welcome
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