Cottaging and Cruising Laws in the UK

The aim of this guide is to help explain current UK laws regarding the acts of cottaging and cruising. We will explain what these terms mean, the legality of engaging in sexual activity in public and the potential offences and punishments that could be faced.

What does cottaging mean?

The term cottaging is a slang term that is used to describe looking for or having sex in public toilets between homosexual or bisexual men. This includes any toilets that are open to the public, whether in a park, a train station, a shopping centre or a cinema.

Although the term cottaging as a homosexual slang word dates back to the 1960s, it originates in the Victorian era where self-contained public toilet blocks were called cottages because of their appearance. It is predominantly a British term but does have the same meaning in some other countries. In the US, the phrase used to describe public toilets that are used by people to engage in gay sex is a 'tea room'.

What does cruising mean?

Cruising is the act of seeking out a sexual partner to have sex or engage in sexual activity in public places. These public places are referred to as 'cruising grounds' or public sex environments (PSE's) and are often places such as lay-bys, parks, beaches or other spaces that are open to the public. Cruising is not a term specific to homosexuals, as cruising grounds can also be used to describe areas where straight couples meet up to engage in sexual activity. This is often described as dogging.

Is cottaging illegal?

Yes, cottaging is classed as an illegal act in the UK. It is covered by the Sexual Offences Act 2003, which makes "engaging in sexual activity in a public lavatory" a criminal offence. The Act makes no distinction regarding sexuality and therefore applies equally to both heterosexual and homosexual acts.

If you are caught while engaging in a sexual act in a public toilet, you run the risk of being arrested for cottaging and committing a criminal offence under the Sexual Offences Act 2003. This applies regardless of how discreet you may try to be. This means that you would still be committing an offence if you are caught having sex within a closed or locked public toilet cubicle.

Is cruising illegal?

No, cruising is not an illegal act. Although cruising can lead to illegal activity, like those mentioned above, there is currently no legislation that actually prohibits cruising.

Possible Penalties for Cottaging Offences

If you are caught having sex in a public toilet by a police officer, or you are reported by a member of the public, you run the risk of a possible prison sentence. At present, a successful conviction for cottaging carries a maximum sentence of 6 months in prison and/or a financial penalty.

Another possible penalty for cottaging is a caution. If this is accepted as an alternative to being prosecuted, the caution for a sexual offence will be placed on your criminal record. This would then need to be disclosed during any subsequent criminal record checks. These are now called DBS checks, but for formally known as CRB checks. Having a sexual offence caution on your criminal record could affect your ability to obtain certain job roles, as well as being used as possible evidence of your character if you are prosecuted for another crime at a later date.

In some circumstances, if you are convicted or cautioned under the Sexual Offences Act 2003 for cottaging, you could have you name added to the Sex Offenders Register. Although this would only normally apply to exceptional circumstances, the risk of being named on the Sex Offenders Register should be a significant deterrent, as this can have a huge negative impact on your life and prospects.

In addition to the police action described above, if you are caught cottaging in a public building, such as a shopping centre, cinema or swimming baths, the owners of the premises could also decide to ban you from future access.