I’ve been arrested for public lewdness. What now?
Public lewdness laws are a weapon against LGBT sexuality. These laws are often invoked against sexual expression – including loitering, flirtation, solicitation, and sexual encounters outside the home. The social consequences of s uch arrests can be devastating.
Most arrests for public lewdness result not from chance encounters with the police or from individual complaints, but from under cover police operations. A local or state police department will identify a certain area – a beach, park, or rest stop – as a gay cruising spot. Plain-clothes officers, frequently selected for their good looks, are then assigned to hang around the target area and attempt to solicit sexual attention.
Often these officers are instructed to follow people around, sometimes even exposing themselves, masturbating, and engaging in provocative behavior. When a civilian target reacts with interest, or even perceived interest, an arrest is made.
People are often arrested simply for being in the wrong place at the wrong time, or for being there for too long a time. Others are arrested because they showed interest or engaged in conversation, in theory perfectly legal activities. These amount to arrests for the “crime” of being gay. It’s very common for such victims to plead guilty, even to false charges, and pay a hefty fine.
If you are arrested for public lewdness or public indecency, first remind yourself that it will be a frightening experience. Most victims of these operations are law-abiding citizens. If you are arrested for public lewdness or public indecency remember; don’t talk. You have the right to remain silent. In general, you should defer all decisions about what to do or what to say until you have consulted a lawyer.
During the arrest you should carefully make mental notes of everything that might bear any relevance to your case. Such information includes the activities of the arresting officer and other police, their conduct before, during, and after the arrest, and any potential witnesses who might support your version of the story.
Also of importance is anything that would support a charge of entrapment or enticement against the arresting officer; what exactly he or she may have done to invite what followed. You have to show that you would not have done what you are accused of if the officer had not crossed certain lines.