Shameless indecency has provided much troubled and remarkable judicial decisions regarding this area of sexual crime in the Criminal Law of Scotland.
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INTRODUCTION Shameless indecency has provided much troubled and remarkable judicial decisions regarding this area of sexual crime in the Criminal Law of Scotland. This thesis was ultimately derived from Macdonald's statement that: "All shamelessly indecent conduct is criminal1" This as we will see was not true then and is not true today, and the decision of Webster v Dominick2 welcomed the abolition of the crime, which a reform had been long over due both morally and legally. THE LAW PRIOR TO WEBSTER McKenzie v Whyte3 was one of the most significant cases in classifying indecent behaviour. The case drew a distinction between lewd, indecent and libidinous practices, which the court regarded as a crime against individual victims, and the crime of indecent exposure, which the court regarded as a crime against public morals. The court also indicated that the crime of indecent exposure did not depend on any technical distinctions between public and private places,...


