The Naked Suspect: Nudity, Perversions, Illness, and Laws

March 9, 2016
Some of the most off the wall calls law enforcement gets have to do with nude subjects in all manner of settings. While the calls can be funny, they can also be quite serious and we cannot successfully avoid dealing with them. Let's get educated...

Here's something they don't tell you about when you attend your orientation to become a police officer: you are going to be seeing a lot of NAKED people in patrol AND invariably it's not going to be a pretty sight.  Citizens rarely report nude Victoria Secret models on the beach to law enforcement.  The individuals most likely to generate dispatch calls are usually the people you least want to see naked. Generally, they fall into some combination of three categories: scary, pathetic or hilarious.

Defensive tactics training includes warning officers to exercise extra caution when approaching a naked subject.  Some people seem driven to undress when they're intoxicated or under the influence of a PCP, meth, and Ecstasy.  These individuals can be dangerous.  And the other naked people who are clean and sober are generally not doing too well mentally either.  Something might have snapped; they may be experiencing a psychotic episode, or worse. Still, birthday suitors have a sexual paraphilia in which they enjoy making others uncomfortable…very uncomfortable.

What is Exhibitionism?

Exhibitionism, commonly referred to as (flashing and weenie wagging), is characterized by the achievement of sexual excitement through genital exposure, usually to an unsuspecting stranger. It also refers to a strong desire to be observed by others, specifically during active masturbation in front of the victim. The key features of true exhibitionism include situations when the victim is unwilling, the subject is sexually aroused by the shock or surprise of the victim, and no further sexual contact is desired.

Exhibitionism (AKA: public nudity, indecent exposure, lewd activity) is one of the three most common criminal sexual offenses. The other two are also voyeurism (AKA: Peeping Toms) and pedophilia (AKA: child molesters). It is virtually impossible to estimate the prevalence of exhibitionism in the general population, but exhibitionists constitute about one-third of all sex offenders. They also have the highest rate of recidivism of all sexual offenders (35%). Additionally, studies have demonstrated that exhibitionists do have a tendency to commit additional deviant sexual behaviors.

Most exhibitionists are male and their victims are usually female adults or children. Forget the stereotype of a "dirty old man in a raincoat" flasher. Most males arrested for exhibitionism are in their late teens or early twenties. In fact, incidents decrease with age. Exhibitionism, like with most paraphilias, is rarely found in men over 50 years of age. Statistically, most exhibitionists are married, but the marriage is frequently sexually dysfunctional. Exhibitionist behavior will intensify during times of stress or when the subject has free time.

The Unsuspecting Victim

Exhibitionists use a number of tactics to attract unsuspecting victims. While most incidents are carried out in public places, some suspects prefer to select more isolated areas (on a park bench or while driving a car). Many exhibitionists do not make attempts to hide their identity; this is an additional risk-taking behavior that heightens their sexual arousal.

Recorded exhibitionism cases demonstrate that 63% of offenders expose their penises, 51% are observed masturbating, 15% use obscene language, 11% verbally express desires for sex, and 21% express desires for sex nonverbally. Exhibitionists, in most instances, will admit that they are terrified of the concept of actual contact with the intended victim. Only 11% of all exhibitionism cases have involved any attempt to touch the victims. Reactions from the victims are obviously quite varied and include running away, laughter, verbally attacking the suspect, and feelings of anger, shock, fear, and embarrassment. Exhibitionists thrive on these reactions. However, negative feedback by the victim (such as laughter) may result in further hostility or violence by the suspect as feelings of inadequacy are escalated.

The Legal Aspect

Generally, in America, nudity is against the law in public places. Moreover, nudity is also generally illegal on a person’s own property if the nude person is visible to the public, such as through an open window or sunbathing nude in someone's yard. While most state laws are clear about nudity around children and nudity meant to arouse, some other wording is vague and violations often are a matter of community standards for indecency.

There are no federal laws either for or against nudity, except to the extent that it may be protected under the First Amendment right to freedom of expression. Local laws will take precedence when the question of nudity relates to federal lands, such as federal parks, beaches, and other facilities.

The definition of indecent exposure has changed throughout the history of law enforcement. What is considered indecent is most often socially defined. Indecent exposure is typically charged as a misdemeanor offense. However, a person who commits an act of indecent exposure/ or lewd behavior in the presence of a minor will most likely face criminal charges; especially if masturbation was involved. Lawmakers have encountered numerous problems trying to create and implement laws which relate to different societal and cultural values. Established laws can vary widely by state, to learn more about your state’s laws click here: http://www.nudist-resorts.org/statutes.htm. The controversy over breast-feeding in public will not be addressed in this article.

The Mental Health Aspect

As noted before, exhibitionism is a mental disorder characterized by a compulsion to display one's genitals to non-consenting strangers for sexual arousal or gratification. Exhibitionism falls under the psychiatric category of paraphilias. Paraphilias are sexual feelings or behaviors that may involve sexual partners that are not human, not consenting, or that involve suffering by one or both partners. Exhibitionism is the exposure of one's genitals to another and is considered a "hands-off" paraphilia (in contrast with the "hands-on disorders" which involve physical contact with other persons).

Most cases of exhibitionism are based on psychological rather than physical causes. Exhibitionists often experience intense feelings of anger, hostility, or shame. They also have a deep sense of inadequacy. There is a need to prove their virility. Their actions are to elicit some kind of reaction in their victims; any reaction is better than being ignored.

More Than a Nuisance - Are Exhibitionists Dangerous?

It would be a huge mistake to dismiss flashing as merely a nuisance.  Some flashers -- whether or not they suffer from exhibitionism -- also engage in additional and escalating deviant sexual behavior, up to and including sexual assault. Some may start by flashing and then escalate to coercive acts such as rape.

Three Subgroups of Exhibitionists.

  1. The first type of offender is generally inhibited, introverted, or socially inadequate. He is frequently anxious, impulsive, obsessional, and sexually confused. He represents the lowest threat group.
  2. The second group is that of individuals who are unaware of their actions due to mental retardation, an organic brain disorder, and/or extreme alcohol intoxication. These two groups are generally more dangerous to themselves than they are to others.
  3. The third group of exhibitionists demonstrates significantly more psychopathology. The sexual culmination is more important than the shock value of exposing oneself, and always involves masturbation. This offender has a more assaultive character. He often has concurrent paraphilias which may include voyeurism, pedophilia, scatologia (compulsive use of obscene language), and frotteurism (touching and rubbing against a non-consenting person). A number of these individuals (approximately 10%) escalate into a hands-on sexual contact of victims as opposed to the typical hands-off exhibitionistic behavior. It is individuals in this third group who are more likely to progress into more aggressive sexual offenses, including rape or the sexual assault of a minor.

Treatment

Most exhibitionists do not receive treatment until they are arrested, the individual’s sex offender status is confirmed and the court orders such treatment. 20% to 50% of men arrested for exhibitionism are re-arrested within two years. Treatment generally includes psychotherapy, support groups, antidepressant medications, and possible hormonal therapy.

Several different types of psychotherapy have been found helpful in treating exhibitionism: cognitive-behavioral therapy, orgasmic reconditioning, group therapy, 12-step programs for sexual addicts, and couple or marriage therapy (if the offender is married).

Antidepressant therapy, specifically selective serotonin reuptake inhibitors (SSRIs) such as Prozac, can be effective in treating exhibitionism and other paraphilias. If SSRIs are ineffective, hormonal therapies and/or antiandrogens should be considered. The most widely prescribed hormonal treatment for people with exhibitionism is medroxyprogesterone acetate (Depo-Provera), which decreases the level of circulating testosterone, thus reducing the sex drive as well as aggression. Luteinizing hormone-releasing hormone agonists, referred to as pharmacological castration (Trelstar), block the uptake and metabolism of testosterone. Surgical castration is effective in significantly reducing levels of testosterone in blood plasma; however, this is generally reserved for more serious sex offenders than exhibitionists.

How Should a Woman or a Child React When Confronted by a Flasher?

Any individual engaged in strange behavior should be considered a potential threat.  Do whatever you can to run away, and it that doesn’t work make sure you know how to defend yourself.  Additionally, try to remember everything you can to help law enforcement catch the pervert before he acts again; race, height, weight, hair color, clothing, scars, tattoos, disfiguring marks, etc.  If you have a chance to safely photograph him your cell phone do so.  This type of evidence will be used if the suspect is brought to trial

  • If you are confronted by a flasher, try to leave the situation as quickly and calmly as possible, without giving him the reaction he seeks. Keep your full body, feet, torso and head turned away and try not to give any strong emotional response to his behavior. Keep moving -- away.
  • If you do react, give him an exaggerated eye roll, give him an expression or snort of disgust, or call him a loser, then tell him you are calling 911.
  • Don't stick around, approach, or make an unprovoked attack on him
  • If the flasher comes toward you, scream for help, or scream “fire”, make others aware of your position, and keep moving as fast as you can.
  • If he gets close, definitely fight back as hard as you can - you must assume you are fighting for your life.
  • If you are grabbed, and you are not strong enough to fight effectively, fake a seizure, wet yourself, etc. That will frequently burst the fantasy of an attacker.
  • Once you get away, call 911 as soon as it is safe to do so."
  • Try to get a good description of the flasher, his direction of travel, means of travel, handicaps, words he used, etc., so that law enforcement can compare cases, develop a profile, and alert all local law enforcement units.

Discussion

Let’s face it; a mooning at a college football game does not, in itself, constitute exhibitionism.  What about a woman flashing her boobs during Mardi Gras?  You can probably call that one either way: harmless or lewd. Technically, both of these behaviors are illegal.  These acts may truly violate the rights and/or values of others. True exhibitionists take it a couple of steps farther. True exhibitionists are not normal members of society; they are highly unpredictable. They operate on and work off of uncontrollable impulses. Exhibitionists can, and often, do proceed to more aggressive and violent crimes. Time will tell how indecent exposure and public lewdness laws will be amended. In the meantime, Americans must keep their pants and shirts on when in the public.  Summer is brewing, I am sure this topic is going to get even hotter.

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