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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.
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.
I cannot see that working as a defence, he still dod what he did, be it light or dark.
The authorities could pass on the information to UK police if they want to. Some times they do others they do not.
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He would have to speak to a Spanish lawyer to see what if any defence he could argue in Spanish law.