With one of Perth’s sex-on-premises venues closing, there may be a few guys out there that are thinking of turning to alternative ways of meeting their sexual needs. There are, of course, other sex-on-premises venues around Perth that are open for business, but their style may not suit everyone.

Men who have sex with men, but do not necessarily identify as gay or bisexual, will often seek out same sex contact at public parks, reserves, toilet blocks, beaches and the like – anywhere that is fairly secluded during the day or night. This is called beat cruising. The following relates to the circumstance if the police approach you while you are out in these environments. There are slightly different rights and requirements that relate to you in your car or in your home.

We have already spoken about beat cruising in an earlier article on Project X, and have touched on the Law in that article. We haven’t gone into great detail about the right and wrong way to handle yourself when questioned by the authorities. On the whole, the police are there for your, and the community’s, safety and most of them are simply doing their job.

The most important thing to remember is to remain calm and be polite when approached by the police. Many guys, in fear of their anonymity being compromised, will run and draw attention and suspicion to themselves. You are not committing any crime simply by being present at a public space.

But, make no mistake about this – showing your cock, sucking or being sucked, fucking or being fucked in a public space IS BREAKING THE LAW. Doing this behind the door of a public toilet cubicle is still considered public. You will be charged and prosecuted. Even if you are not caught in the act, a police officer has the power to move you on if they have reasonable suspicion.

If the police do approach you, you are only obliged to give your name and address. Refusing to give your name and address, or giving false information, are both offences. Even though the police may ask you questions apart from name and address you are not obliged to answer any other questions without there being legal counsel present. You have the right to remain silent. Anything you say or do can be used in a court of law. You can politely decline answering anymore questions. There is no such thing as “off the record”.

The police are not above the Law and are obliged to behave in a way that ensures the public’s safety and peace. They should not moralise nor make moral judgements or pass opinions on your behaviour. They should not threaten to tell family or employers of your whereabouts and actions unless it is in relation to an investigation. And, you have every right to make a complaint against an officer if you believe there has been misconduct.

You have the right to ask for a police officer’s name, badge number and where that officer is stationed. It is best to try to resolve the incident as soon as possible. Contacting the officer-in-charge of the station, the Community Diversity Officer or the Police Commissioner are all legitimate avenues for filing an incident complaint. Alternatively, you can contact the Ombudsman.

The following websites can go into even more detail about your rights if you are approached at a beat:

The most important things to remember are not to panic and to only give name and address. This short list of information has been provided by A.J. Hosken & Co:

DO NOT resist arrest

DO NOT be abusive or disorderly

DO NOT answer any questions except to give your name and address

DO NOT give or sign a statement

DO NOT agree to a video interview

DO NOT plead guilty, or anything until you have spoken to a solicitor

DO ask why you are being arrested. If so, what charge

DO give you name and address

DO ask the police for a telephone so you can contact your lawyer

DO ask for bail. If refused ask Police to telephone a Magistrate to apply for bail