U.S. Department of Justice

Office of Community Oriented Policing Services

www.cops.usdoj.gov

Illicit Sexual

Activity in Public

Places

by Kelly Dedel Johnson

Problem-Oriented Guides for Police 

Problem-Specific Guides Series No. 33
www.PopCenter.org

Got a Problem? We’ve got answers!

Log onto the Center for Problem-Oriented Policing website

at www.popcenter.org for a wealth of information to help

you deal more effectively with crime and disorder in your

community, including:

• Web-enhanced versions of all currently available Guides

• Interactive training exercises

• On-line access to research and police practices

• On-line problem analysis module

Designed for police and those who work with them to

address community problems, www.popcenter.org is a great

resource in problem-oriented policing.

Center for Problem-Oriented Policing
Illicit Sexual Activity in

Public Places

Kelly Dedel Johnson

This project was supported by cooperative agreement

#2002CKWX0003 by the Office of Community Oriented Policing

Services, U.S. Department of Justice. The opinions contained herein

are those of the author(s) and do not necessarily represent the

official position of the U.S. Department of Justice. References to

specific companies, products, or services should not be

considered an endorsement of the product by the author or the

U.S. Department of Justice. Rather, the references are

illustrations to supplement discussion of the issues.

www.cops.usdoj.gov

ISBN: 1-932582-47-9

April 2005

Problem-Oriented Guides for Police 

Problem-Specific Guides Series

Guide No. 33

About the Problem-Specific Guides Series i

About the Problem-Specific Guides Series

The Problem-Specific Guides summarize knowledge about

how police can reduce the harm caused by specific crime

and disorder problems. They are guides to prevention and

to improving the overall response to incidents, not to

investigating offenses or handling specific incidents. The

guides are written for police–of whatever rank or

assignment–who must address the specific problem the

guides cover. The guides will be most useful to officers

who:

• Understand basic problem-oriented policing

principles and methods. The guides are not primers in

problem-oriented policing. They deal only briefly with

the initial decision to focus on a particular problem,

methods to analyze the problem, and means to assess

the results of a problem-oriented policing project. They

are designed to help police decide how best to analyze

and address a problem they have already identified. (An

assessment guide has been produced as a companion to

this series and the COPS Office has also published an

introductory guide to problem analysis. For those who:

want to learn more about the principles and methods of

problem-oriented policing, the assessment and analysis

guides, along with other recommended readings, are

listed at the back of this guide.)

• Can look at a problem in depth. Depending on the

complexity of the problem, you should be prepared to

spend perhaps weeks, or even months, analyzing and

responding to it. Carefully studying a problem before

responding helps you design the right strategy, one that

is most likely to work in your community. You should

not blindly adopt the responses others have used; you

must decide whether they are appropriate to your local

situation. What is true in one place may not be true
ii Illicit Sexual Activity in Public Places

elsewhere; what works in one place may not work

everywhere.

• Are willing to consider new ways of doing police

business. The guides describe responses that other

police departments have used or that researchers have

tested. While not all of these responses will be

appropriate to your particular problem, they should help

give a broader view of the kinds of things you could do.

You may think you cannot implement some of these

responses in your jurisdiction, but perhaps you can. In

many places, when police have discovered a more

effective response, they have succeeded in having laws

and policies changed, improving the response to the

problem.

• Understand the value and the limits of research

knowledge. For some types of problems, a lot of useful

research is available to the police; for other problems, little

is available. Accordingly, some guides in this series

summarize existing research whereas other guides illustrate

the need for more research on that particular problem.

Regardless, research has not provided definitive answers to

all the questions you might have about the problem. The

research may help get you started in designing your own

responses, but it cannot tell you exactly what to do. This

will depend greatly on the particular nature of your local

problem. In the interest of keeping the guides readable, not

every piece of relevant research has been cited, nor has

every point been attributed to its sources. To have done so

would have overwhelmed and distracted the reader. The

references listed at the end of each guide are those drawn

on most heavily; they are not a complete bibliography of

research on the subject.
About the Problem-Specific Guides Series iii

• Are willing to work with other community agencies

to find effective solutions to the problem. The police

alone cannot implement many of the responses

discussed in the guides. They must frequently implement

them in partnership with other responsible private and

public entities. An effective problem-solver must know

how to forge genuine partnerships with others and be

prepared to invest considerable effort in making these

partnerships work.

These guides have drawn on research findings and police

practices in the United States, the United Kingdom,

Canada, Australia, New Zealand, the Netherlands, and

Scandinavia. Even though laws, customs and police

practices vary from country to country, it is apparent that

the police everywhere experience common problems. In a

world that is becoming increasingly interconnected, it is

important that police be aware of research and successful

practices beyond the borders of their own countries.

The COPS Office and the authors encourage you to

provide feedback on this guide and to report on your own

agency's experiences dealing with a similar problem. Your

agency may have effectively addressed a problem using

responses not considered in these guides and your

experiences and knowledge could benefit others. This

information will be used to update the guides. If you wish

to provide feedback and share your experiences it should

be sent via e-mail to cops_pubs@usdoj.gov.
iv Illicit Sexual Activity in Public Places

For more information about problem-oriented policing,

visit the Center for Problem-Oriented Policing online at

www.popcenter.org or via the COPS website at

www.cops.usdoj.gov. This website offers free online access to:

• the Problem-Specific Guides series,

• the companion Response Guides and Problem-Solving Tools

series,

• instructional information about problem-oriented policing

and related topics,

• an interactive training exercise,

• an online access to important police research and

practices, and

• an on-line problem analysis module.
Acknowledgments v

Acknowledgments

The Problem-Oriented Guides for Police are very much a

collaborative effort. While each guide has a primary

author, other project team members, COPS Office staff

and anonymous peer reviewers contributed to each guide

by proposing text, recommending research and offering

suggestions on matters of format and style.

The principal project team developing the guide series

comprised Herman Goldstein, professor emeritus,

University of Wisconsin Law School; Ronald V. Clarke,

professor of criminal justice, Rutgers University; John E.

Eck, professor of criminal justice, University of

Cincinnati; Michael S. Scott, clinical assistant professor,

University of Wisconsin Law School; Rana Sampson,

police consultant, San Diego; and Deborah Lamm Weisel,

director of police research, North Carolina State

University.

Nancy Leach and Cynthia Pappas oversaw the project for

the COPS Office. Suzanne Fregly edited the guide.

Research for the guides was conducted at the Criminal

Justice Library at Rutgers University under the direction of

Phyllis Schultze.

Contents

About the Problem-Specific Guides Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

The Problem of Illicit Sexual Activity in Public Places . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Related Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Factors Contributing to Illicit Sexual Activity in Public Places . . . . . . . . . . . . . . . . . 3

Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Season, Time of Day, and Day of Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Motivations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Collateral Consequences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Understanding Your Local Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Asking the Right Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Community Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Locations/Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Current Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Measuring Your Effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Responses to the Problem of Illicit Sexual Activity in Public Places . . . . . . . . . . . . . . . . 17

General Considerations for an Effective Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Specific Responses to Illicit Sexual Activity in Public Places . . . . . . . . . . . . . . . . . . 19

Enforcement-Based Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Environment-Based Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Publicity-Based Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Responses With Limited Effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Appendix: Summary of Responses to Illicit Sexual Activity in Public Places . . . . . . . . . . 29

Contents vii
viii Illicit Sexual Activity in Public Places

Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

About the Author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Recommended Readings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Other Problem-Oriented Guides for Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
The Problem of Illicit Sexual Activity in Public Places 1

The Problem of Illicit Sexual Activity in

Public Places

This guide begins by describing the problem of illicit

public sexual activity and the factors that contribute to it.

It then identifies a series of questions to help you analyze

your local problem. Finally, it reviews responses to the

problem, and what is known about them from evaluative

research and police practice.

Public sexual activity includes a range of behaviors, such

as solitary nude sunbathing, flashing, streaking, solitary or

mutual masturbation, fellatio, and vaginal or anal

intercourse. While some behaviors do not involve sexual

activity per se, they involve sexual content of concern to

both the public and the police. These behaviors are

consensual, meaning that the person or people involved

willingly engage in them.† Both males and females

participate in the full range of behaviors, and both

opposite-sex and same-sex interactions occur. Jurisdictions

vary in the specific criminal charges attached to these

behaviors (e.g., indecent exposure, public indecency, lewd

conduct).

There are widely different perspectives on public sexual

activity. Some do not believe the behavior constitutes a

public safety threat; some view the behavior as a

"victimless crime" involving two consenting partners; and

some see the behavior as a threat to the community's

"moral decency." "Impersonal," "casual," and

"anonymous" sexual behaviors have negative connotations

to many people, as they stand in contrast to ideals of

romantic love, monogamous relationships, and long-term

commitments.1 Moral overtones pervade discussions of

nudity and sexuality, particularly when they address same-

† "Dogging" is engaging in

consensual sexual activity in public

to attract an audience; the audience

either observes or joins in. See

Byrne (2003) and Mendenhall

(2003).
2 Illicit Sexual Activity in Public Places

sex interactions. These judgments often underlie the

public's concern. Community morals and beliefs about

how the law should regulate morality will affect how each

community addresses the problem. This guide does not

adopt any particular moral perspective; it is intended to

inform you about the effectiveness and consequences of

various approaches to controlling public sexual activity.

Primarily, such activity constitutes nuisance behavior and

does not pose a serious threat to community safety.

However, there are many reasons why the police should

care about it.

• Public sexual activity can offend inadvertent witnesses.

• Public sexual activity can deter the legitimate use of

public spaces.

• Public sexual activity may be related to the spread of

sexually transmitted diseases, including HIV/AIDS.

• Discarded used condoms, lubricant containers, and

other paraphernalia are unattractive and potentially

hazardous.

• Public sexual activity can attract a hostile audience,

creating a risk of violent crime such as assault and/or

robbery, as well as nonviolent crime such as blackmail.

• Certain types of public sexual activity (e.g., flashing,

streaking) are associated with heavy drinking.

The responses to public sexual activity can be fraught with

difficulty. Charges of harassment, entrapment, bias and

discrimination against homosexuals have historically

surrounded efforts to address public sexual activity

between men. Therefore, it is vital that you objectively

analyze the problem so that you develop fair and effective

responses.
The Problem of Illicit Sexual Activity in Public Places 3

Related Problems

Public sexual behaviors, and the factors that contribute to

them, occur in several other contexts of concern to the

police. These related problems, not directly addressed in

this guide, require their own analysis and response:

• street prostitution, both heterosexual and homosexual;

• minors engaging in sexual activity in schools;

• sex-oriented businesses, such as adult bookstores,

movie theaters, and sex clubs; and

• alcohol and drug use.

Factors Contributing to Illicit Sexual Activity in

Public Places

Understanding the factors that contribute to your problem

will help you frame your own local analysis questions,

determine good effectiveness measures, recognize key

intervention points, and select appropriate responses.

Participants

Both men and women engage in public sexual activity.

Same-sex participants may constitute the main offenders

in some locations, while opposite-sex offenders

predominate at others. How researchers and law

enforcement personnel have conducted their efforts has

largely determined what is known about the participants;

regardless, participants vary considerably in terms of age,

socioeconomic status, marital status, and occupation. Any

patterns, or lack thereof, are consistent across studies of

the various types of public sexual behaviors.2
4 Illicit Sexual Activity in Public Places

Certain patterns (e.g., opposite-sex coupling at a "lovers'

lane") have not been studied empirically, while others (e.g.,

same-sex contact in public restrooms) have been studied

much more extensively. It is important to note that

engaging in same-sex activity does not necessarily imply a

homosexual identity; in fact, many men who have sex with

men in public places are married or otherwise

heterosexually involved, and do not consider themselves to

be gay.3

When apprehended, many offenders may suffer substantial

social repercussions, in addition to any criminal justicerelated consequences that may ensue. Threats to their

marriages, friendships, jobs, reputations, and social

standing often cause them to try to distract attention from

their behaviors by showing exaggerated degrees of

respectability, such as strong ties to the religious

community or passionate condemnation of

homosexuality.4 The larger the community's moral

objections to public sexual activity mean that participants

have much to lose if they are discovered.

Locations

The definition of "public" is not always clear. Some

consider any place other than a private residence to be

public. Others believe that places out of public view, even

though they may be in public areas, are private. So-called

"quasi-public" places provide some kind of physical

barrier (e.g., car, bathroom stall, or bushes) between the

participants and others.5 Except for exhibitionists (e.g.,

flashers or streakers)–those who expressly seek observers–

many participants want to remain out of view.
The Problem of Illicit Sexual Activity in Public Places 5

Some activities, such as flashing or mooning, occur in a

wide range of locations, while others most commonly

occur in locations that specifically facilitate them. Some

guidebooks and Internet resources identify specific public

places where sexual activity occurs.

• Organized public events. Some festivals, parades, and

college events have reputations for allowing, if not

encouraging, certain types of public sexual behavior.

For example, the flashing of breasts and genitals is

common during Mardi Gras celebrations (whether in

New Orleans or elsewhere).6 Annual campus events

may include streaking or mooning.7 The presence of

numerous people engaging in the behavior and the lack

of vigorous enforcement of laws or rules prohibiting it

facilitate its occurrence.

• "Lovers' lanes." Couples lacking a private venue may

engage in sexual behavior in cars parked on secluded

streets, in parking lots, or in alleys, or they may go to

secluded areas of parks or beaches. Other couples may

want to be seen, and thus they go to places that are

easily accessible, well marked, and continuously open.8

• Public restrooms. While anecdotal evidence suggests

that opposite-sex couples sometimes engage in sexual

activity in public restrooms, the majority of research

and public concern has focused on same-sex activity at

such sites. Public restrooms so employed are often

called "tearooms," and the behavior itself is sometimes

called "cottaging." Restrooms in public parks, shopping

malls, department stores, train and bus stations, and

gyms are popular locations for such activity. They are

usually easily accessible, their structural features afford

some privacy, and their layouts provide an opportunity
6 Illicit Sexual Activity in Public Places

to spot potential witnesses.9 For example, most activity

takes place in a stall as far away from the restroom

door as possible. If someone enters the restroom, the

participants typically stop the activity.10 Selected

restrooms are usually isolated and rarely used by those

in the area for legitimate purposes (e.g., shopping). This

very pretext allows participants to remain in the

restroom for some time without seeming suspicious.11

In contrast to gay bars or sex clubs, public restrooms

are neutral places, and one's presence there does not

automatically indicate a homosexual identity.12

•

Truck stops and highway rest areas. Truck stops and

highway rest areas are also popular locations for samesex activity.† They are easily accessible by vehicle, and

provide a number of legitimate reasons for people's

presence.13 The activity itself may take place in a

vehicle, a restroom, or a secluded outdoor area. As with

those who engage in sexual activity in public restrooms,

those who do so at truck stops or rest areas generally

don't want to be detected.14

† They are also common locations

for both heterosexual and

homosexual prostitution.

Locations where illicit sexual activity occurs are often advertised

locally with graffiti or to a wider audience using the Internet.

David Corbett
The Problem of Illicit Sexual Activity in Public Places 7

Season, Time of Day, and Day of Week

The climate likely has an influence on outdoor public

sexual activity. Obviously, the colder it is, the less likely the

activity. To the extent that public sexual activity may occur

at a particular event or as a tradition occurring at a

specific time of year (e.g., Mardi Gras, Spring Break), the

season also may affect the amount of activity. The time of

day's effect on such activity depends on the location's

primary legitimate purpose. For example, at truck stops,

activity may increase in the late-night and early-morning

hours, when truckers have stopped for the night.15 As

some department stores and shopping malls are closed on

Sundays, no sexual activity occurs in their restrooms then.

Motivations

Although people engage in public sexual activity for

various reasons, some common patterns exist among the

main types of behavior and location.

David Corbett

The amount of traffic and accessibility to semi-public

areas such as restrooms in parks vary depending on the

time of day and season.
8 Illicit Sexual Activity in Public Places

Exhibitionism occurs in a wide variety of settings. When

taken to an extreme, it suggests the exhibitionist is prone

to paraphilia,16 "a pattern of recurring sexually

arousing...behavior that involves unusual and esp. socially

unacceptable sexual practices..." (Merriam-Webster's

Collegiate Dictionary, 11th ed.). Milder forms of

exhibitionism, such as nude sunbathing or flashing during

Mardi Gras celebrations, often occur because the

participant feels anonymous in a large group. Crowds

stimulate people to act in ways they would not normally

do among their peers or in more regulated situations.17

Drinking alcohol, and the resulting loss of inhibition, is

often identified as a contributing factor.18 While perceived

anonymity may facilitate the behavior, participants also

crave the attention, admiration, and validation they may

receive from those who observe them.19

In contrast, some couples–particularly teenagers–engage in

sexual activity in public because they have nowhere else to

do so. A lack of privacy may also be the reason for male

sexual activity in public restrooms. In particular, men with

heterosexual identities may want to conceal their behavior

from significant others. Their heterosexual identities also

deter them from using other, less-public venues such as

gay bars or sex clubs.20 Some homosexual men also lack

the freedom to pursue same-sex partners privately due to

family or peer disapproval.21 A community's condemnation

of homosexuality may drive the behavior to remote,

although public, locations, particularly among those

exploring their sexuality and not yet connected to the gay

community.22
The Problem of Illicit Sexual Activity in Public Places 9

Public sexual activity is not always simply a solution for

those lacking a private alternative. Those who engage in

"dogging" want strangers to watch them. Having an

audience heightens their pleasure, and they may feel

validated by others' wanting to watch and enjoy their

"performance."23 For others, the risk of being caught

engaging in public sexual activity serves as an aphrodisiac

and increases their overall pleasure.24

Sexual activity in "tearooms," parks, rest areas, and truck

stops is usually impersonal and anonymous, and does not

lead to complicated entanglements involving

commitments, obligations, or expectations from either

party.25 Those dissatisfied with their sex lives with their

partners may consider engaging in anonymous and

impersonal sexual activity as less problematic than having

an affair.26 And there's no need to solicit a prostitute, as

the sex is free.27 Finally, those engaging in anonymous

sexual activity generally needn't worry about assessments

of their physical attractiveness or social class, judgments

often made in formal dating situations.28

Transactions

Researchers know more about what leads to some forms

of public sexual activity than they do about others. Why

people sunbathe nude or teenagers park at "lovers' lanes"

has not been well researched. In contrast, researchers

better understand flashing during Mardi Gras. The

widespread occurrence of flashing during the festivities

has been attributed to the accumulation of beaded

necklaces in return for doing so.29 The "negotiations"

regarding the exchange serve to legitimize it.30
10 Illicit Sexual Activity in Public Places

With the advent of the Internet, the practice of "dogging"

has become more widespread. Those who want to be

observed engaging in sexual activity use Internet chat

rooms to provide potential audiences with dates, times,

and locations.31 People also use chat rooms to offer tips to

those interested in watching or participating in public

sexual encounters. For example, the patterned use of

parked vehicles' turn signals, interior lights, and window

openings can serve as signals to interested parties.

Men seeking anonymous sexual contact with men in public

restrooms must adhere to a highly structured and

sequential pattern of interaction.32 These "scripts"

generally involve eye contact, movement, and position in

the restroom, and very rarely include any verbal

exchange.33 The specific patterns differ, but are just as

compulsory, in other settings such as truck stops and rest

areas.34 Legitimate park or restroom users may be

concerned about being sexually propositioned by other

men. However, given the complexity of the behavioral

scripts guiding these transactions, mistaken propositions

are unlikely.35

Collateral Consequences

Engaging in public sexual activity carries with it many

risks, including the following:

• Unwanted exposure. Despite selecting a public

location for sexual activity, many participants do not

wish to be seen and publicly exposed. Whether through

publicity resulting from police contact or through the

broadcast of a "Girls Gone Wild" videotape, such

exposure can have devastating social consequences.
The Problem of Illicit Sexual Activity in Public Places 11

• Unintended or unwelcome audiences. The very

nature of public places means that those engaging in

sexual activity there can't control who's in the

immediate vicinity. Some people are concerned that

young children or others who would find the behavior

offensive might unwittingly witness it. In other cases,

nude sunbathers or teenagers using a "lovers' lane"

may be observed and/or approached by an unwelcome

audience. Unwelcome voyeurs and would-be

participants pose a risk to those engaged in all forms of

public sexual activity.

• Violence. The risk of violence is particularly acute for

men engaging in same-sex activity in public. Those who

patronize public sex environments commonly feel at

risk of victimization by "gay bashers," and some have

developed strategies to minimize this risk, including:36

• refraining from initiating activity, particularly through

verbal means;

• carrying a weapon or attention-getting device (e.g., a

whistle);

• patronizing cruising sites with a friend, and

periodically checking in with each other; and

• limiting activity to familiar places that allow for a

quick and easy escape.

Witnessing a woman exposing her breasts may lead some

men, particularly those under the influence of alcohol, to

believe they have permission to pursue sexual activity with

her. As a result, flashers potentially risk unwanted sexual

advances and sexual assaults. Highly publicized cases like

that of David Berkowitz (aka the "Son of Sam") exposed

the risk of violence for those using "lovers' lanes." Studies

have shown that women who actively resist an attack are

more likely to thwart a rapist, without increasing their risk

of serious injury, than are women who don't.37
12 Illicit Sexual Activity in Public Places

• HIV/AIDS and other sexually transmitted

diseases. Men patronizing public sex locations have

long been identified as a population at increased risk of

contracting HIV/AIDS and other sexually transmitted

diseases. Historically, there have been three main riskreduction strategies: 1) openly discussing one's sexual

history, 2) limiting one's number of sexual partners,

and 3) practicing "safe sex." Clearly, the first two are at

odds with regularly having anonymous sex.38 Some

suggest that heterosexually identified men who engage

in same-sex public activity may deny their risk of HIV

exposure and disregard important precautions.39

Because these men are not in the traditional target

populations for prevention and education efforts, their

knowledge of safe-sex practices has been questioned.

Yet research has found that men who participate in

sexual activity in public restrooms tend to be highly

knowledgeable about HIV and its transmission.40

Further, whether participants practice safe sex appears

to depend more on the situational dynamics and

participants' characteristics than on the location's being

public.41 Nevertheless, outreach and education efforts

continue to target this population to minimize the

overall public health risk.
Understanding Your Local Problem 13

Understanding Your Local Problem

The information provided above is only a generalized

description of illicit public sexual activity. You must

combine the basic facts with a more specific

understanding of your local problem. Analyzing the local

problem carefully will help you design a more effective

response strategy.

Asking the Right Questions

The following are some critical questions you should ask

when analyzing your particular problem with illicit public

sexual activity, even if the answers are not always readily

available. Your answers to these and other questions will

help you choose the most appropriate set of responses

later on.

Community Members

• How concerned is the community about illicit public

sexual activity? What particular activities concern them?

What are their specific concerns?

• Which community groups are particularly concerned,

and why? Are they willing to tolerate any form or level

of public sexual activity?

• Does the police department have any affiliation with

gay and other civil-rights groups that could share in

efforts to address the issue?

Victims 

• How many complaints has the police department

received from people who have witnessed public sexual

activity? What is the nature of the complaints? What

are the complainants' characteristics?
14 Illicit Sexual Activity in Public Places

• Have any participants in public sexual activity been

victimized? If so, how, and by whom? 

Participants

• What types of public sexual activity occur in your

jurisdiction (e.g., nude sunbathing, flashing, oppositesex, same-sex)? 

• What is known about the participants (e.g., age, gender,

criminal history, marital status, residence)?

• What is known about their motivations for the

behavior? To what extent do they fear exposure?

• What role do alcohol and drugs play in the participants'

likelihood to engage in the behavior?

Transactions

• How do the transactions for the various types of public

sexual activity occur? 

• Do the participants use the Internet to identify

particular locations and attract audiences and/or other

participants? 

• How do strangers negotiate public sexual encounters?

Does anything about these interactions lend itself to

intervention?

Locations/Times

• Where does public sexual activity occur? What factors

attract the participants to the area(s)? Have the

locations changed over time? If so, why?

• If the activity at a particular location were to be

displaced to another area, where do you think that

would be? Why?
Understanding Your Local Problem 15

• What legitimate uses of public places does the activity

disrupt? What nuisances (e.g., trash) does it create?

• Does public sexual activity benefit any businesses?

Would publicity about such activity occurring at or near

their locations harm any businesses? 

• Does the amount of activity at each location vary by

season? By day of week or time of day? What accounts

for these variations?

Current Responses

• How concerned is your department about public sexual

activity? Where does such activity rank on the

department's priority list?

• How does the department currently handle the

problem? What is the prosecutor's policy regarding

offenses? What is the typical sentence imposed? To

what extent are arrests and prosecutions publicized? 

• Has the department undertaken undercover decoy

operations to deal with the problem? If so, how did the

community react to the operations? How successful

were they in reducing the problem?

• Has the department targeted same-sex and opposite-sex

activity?

• Aside from arrest and prosecution, what other

responses have been applied to the problem? Have any

been effective?

• Has the public health community been involved with

this issue? What do they know that could aid in your

response?
16 Illicit Sexual Activity in Public Places

Measuring Your Effectiveness

Measurement allows you to determine to what degree your

efforts have succeeded, and suggests how you might

modify your responses if they are not producing the

intended results. You should take measures of your

problem before you implement responses, to determine how

serious the problem is, and after you implement them, to

determine whether they have been effective. All measures

should be taken in both the target area and the

surrounding area. (For more detailed guidance on

measuring effectiveness, see the companion guide to this

series, Assessing Responses to Problems: An Introductory Guide

for Police Problem-Solvers.) 

The following are potentially useful measures of the

effectiveness of responses to public sexual activity:

• reduced number of citizen complaints (both formal and

informal) about such activity;

• reduced number of people observed "cruising" (i.e.,

seeking a partner or audience for sexual activity) at a

particular location;

• evidence that the activity has been displaced to other

locations, days of the week, or times of the day

(displacement could either improve or worsen the

problem, but in any case suggests that the responses

are having some effect on the problem);

• reduced number of participants who report being

victimized (e.g., assaulted, robbed);

• reduced number of arrests of repeat offenders;

• reduced volume of discarded condoms, lubricants, and

other related refuse in the area; and

• increased number of people legitimately using the

location.
Responses to the Problem of Illicit Sexual Activity in Public Places 17

Responses to the Problem of Illicit

Sexual Activity in Public Places

Your analysis of your local problem should give you a

better understanding of the factors contributing to it.

Once you have analyzed your local problem and

established a baseline for measuring effectiveness, you

should consider possible responses to address the

problem.

The following response strategies provide a foundation of

ideas for addressing your particular problem. These

strategies are drawn from a variety of research studies and

police reports. Several of these strategies may apply to

your community's problem. It is critical that you tailor

responses to local circumstances, and that you can justify

each response based on reliable analysis. In most cases, an

effective strategy will involve implementing several

different responses. Law enforcement responses alone are

seldom effective in reducing or solving the problem. Do

not limit yourself to considering what police can do;

carefully consider whether others in your community share

responsibility for the problem and can help police better

respond to it.

General Considerations for an Effective Strategy

Most researchers and practitioners agree that focusing

solely on arresting those engaging in public sexual activity

is unlikely to reduce the overall scope of the problem. In

your response strategy, you should acknowledge that it will

be difficult to affect people's motivations for engaging in

the activity. A balanced approach combining enforcement

strategies and those targeting environments that support
18 Illicit Sexual Activity in Public Places

† In 2000, the Lambda Legal

Defense and Education Fund filed

suit against the Los Angeles Police

Department for its allegedly

discriminatory law enforcement

tactics targeting gay men. See

www.lambdalegal.org/cgibin/iowa/documents/record?record

=555.

the behavior is most likely to decrease the prevalence of

the activity and the public's concern about it.

Used alone, enforcement efforts are likely to lead to

displacement. Although not the most desirable outcome,

there is evidence that when displacement does occur, the

magnitude of the problem decreases with the move to a

new location. New locations are often less desirable for

several reasons, including distance and suitability. Further,

changes in the times of day or days of the week on which

the problems occur mean that response affected the

problem in some way. When displacement occurs, police

can often better manage the problem.

In the past, police have been criticized for using

undercover or decoy operations. These operations,

particularly when conducted improperly, leave the police

vulnerable to entrapment claims. In addition, an exclusive

focus on environments in which same-sex interactions

occur can result in charges of bias and discrimination.†

Therefore, you must address the full range of public

sexual activity and target particular locations based on

objective, justifiable assessments of threats to public

safety.

If same-sex public interactions are part of your local

problem, you should develop partnerships with local

leaders of the gay and lesbian community and involve

them in problem-solving. Not only can their endorsement

go a long way toward addressing charges of bias or

discrimination, but local leaders can also publicize the

problem among the larger gay population and rally
Responses to the Problem of Illicit Sexual Activity in Public Places 19

† The Denver Police Department,

Equality Colorado (a statewide gayrights organization), and Cheesman

Park West Neighborhood

Association formed a coalition to

address problems caused by sexual

activity in a public park. The

partnership helped to "build bridges

over the gay community's persistent

fear and mistrust of law

enforcement" (Luzadder 2000).

†† For example, Mardi Gras

celebrations contribute an estimated

$1 billion to the New Orleans

economy each year (Filosa 2002).

††† The Santa Ana (Calif.) Police

Department used videotape and

photographs to document the types

of sexual activity occurring in a

public park. The visual aids revealed

the extent of the problem and were

used to advocate special courtimposed probation conditions. They

were also used to counter criticism

of police efforts, as they showed

activity clearly unsuitable for a

public park (Santa Ana Police

Department 2001).

support for the responses.† Similarly, efforts to control

public sexual activity may affect local businesses, whose

perspectives you should consider when planning your

responses.††

Finally, some of the responses below suggest some level

of tolerance of the behavior–an approach that has had

some success in Europe. However, community and

political attitudes will make tolerance-based responses

either more or less feasible. Therefore, before you design

any responses, you must assess how much public sexual

activity your community will tolerate. You can initiate

candid and specific discussions about the types of activity

to target by using videotapes and photographs to

document the scope of the problem.†††

Specific Responses to Illicit Sexual Activity in Public

Places

Enforcement-Based Responses

Enforcement-based responses may be particularly effective

when applied to activity such as flashing during annual

events, because this conduct is often considered acceptable

unless police demonstrate a commitment to controlling it.

In particular, regarding annual events, there is reason to

believe that the word will quickly spread that the police no

longer tolerate such behavior.
20 Illicit Sexual Activity in Public Places

1. Posting notices. In areas with high activity levels (e.g.,

streets on a Mardi Gras parade route, certain rest areas or

restrooms), notices can warn potential offenders that

public sexual activity is a crime that can lead to arrest.

Such notices must be specific enough for the target

population to recognize their risk, but general enough that

they do not offend the casual observer.†

2. Issuing warnings. Rather than making an arrest, police

can issue warnings to suspected participants in public

sexual activity. For example, police can warn women

observed flashing their breasts that continuing to do so

will result in arrest. Similarly, police can stop and warn

men observed cruising known locations for public

trysting.†† Because many people do not want their behavior

to be exposed to family and friends, specific deterrence

may be effective. If the behavior occurs in a crowd that

largely supports the participants (e.g., during Mardi Gras),

police should be aware of the potential for conflict and

use a non-confrontational approach.42

† The San Diego Police

Department posted the following

notice in conspicuous locations

throughout a public park: "Lewd

Conduct Laws Strictly Enforced.

Lewd Acts in Public Are a

Violation of 647(a) PC. All Areas

Within This Park Are Public

Places. Violators Will Be Arrested"

(Hall and Brady 1994). Similarly, in

an effort to reduce flashing during

Mardi Gras, New Orleans police

posted approximately 1,000 posters

throughout the French Quarter

warning parade watchers that

flashing is a crime that carries a

$1,000 fine and jail time (TimesPicayune 2000).

†† Establishing the legal grounds

to stop a vehicle can be

problematic because it is difficult

to distinguish innocent from

suspicious behavior. Departments

wishing to use this response

should seek legal advice.

www.mindspring.com/~fnw3/nonudity.jpg

Signs warning against exposing

oneself in public serve to increase

awareness of acceptable practice.
Responses to the Problem of Illicit Sexual Activity in Public Places 21

In addition, police can contact the registered owners of

cars parked in public areas with high sexual activity levels.

Letters notifying owners that police observed their car in

such an area can also warn of the risk of violence and the

health consequences of participating in anonymous,

unprotected sexual activity.43 However, because the

targeted behaviors are not serious public-safety risks,

concerns about this response's potential to deter legitimate

patrons from using the areas and about unnecessary

invasions of privacy may outweigh the response's potential

effectiveness.

3. Creating the illusion of surveillance. The risk of

being witnessed is sometimes enough to deter potential

participants from using a location for sexual activity.

Installing video cameras (whether operable or not),

parking decoy police vehicles, distributing fliers, or posting

warning signs about routine patrols suggests to those

seeking privacy that they will likely be detected.†

4. Establishing highly visible patrols. Although some

participants in public sexual activity seek an audience,

others want privacy. Uniformed police officers and park

rangers in patrol cars, on foot, or on bicycle can deny

potential participants privacy for such activity. Opening a

police substation (e.g., mobile office) can also effectively

increase the level of police activity in a particularly

problematic area. However, this is a labor-intensive and

thus costly response.

† The Santa Ana Police Department

stationed unmanned, marked police

cars throughout a park to give the

illusion of constant police presence

(Santa Ana Police Department

2001).
22 Illicit Sexual Activity in Public Places

5. Shifting enforcement responsibility to private

security firms. Many shopping malls contract with private

security firms to patrol both indoor and outdoor areas.

Similarly, most colleges have campus police who patrol the

grounds and buildings. Assigning these firms responsibility

for maintaining the safety and security of facilities within

their patrol areas can free police departments from

devoting resources to nuisance behaviors.44 Further, by

handling these cases internally, businesses and schools can

avoid negative publicity, and suspects may be spared the

social devastation that can accompany an arrest made

public.

6. Imposing "stay away" orders. As a condition of

either bail or probation, courts can order those arrested

for engaging in public sexual activity to stay away from

public areas where the activity is prevalent. While these

orders can reduce the activity level in targeted areas, they

are also likely to displace the activity to other locations.

7. Using police crackdowns. Police usually make largescale arrests in response to intense public pressure to

control a problem. They effectively interrupt entrenched

behavioral patterns. However, because such crackdowns

require significant manpower, they are unlikely to be

sustained for a significant time, and thus have limited

effectiveness as a long-term solution. Further, even when

the behavior is relatively limited in terms of geography

and time (e.g., flashing at Mardi Gras), the sheer scale of

such operations makes them very difficult to implement.
Responses to the Problem of Illicit Sexual Activity in Public Places 23

Environment-Based Responses

8. Designating geographic boundaries. If the

community is willing to tolerate some level of public

sexual activity, specific zones can be created that permit

users to engage in certain behaviors without risk of arrest.

Such zones should be well away from main recreation

areas, should be clearly identified with markers and signs,

and should include trash cans. This response has been

effective with lower-level behaviors such as nude

sunbathing, but could plausibly be adapted to other

behaviors as well.†

9. Improving lighting. Improved lighting in problem

areas reduces their attractiveness as trysting locations

because the lighting reduces perceived privacy levels.

Tamper-resistant, motion-sensing lighting may be useful at

restroom entrances and in alleys.

10. Cutting back bushes and other vegetation.

Eliminating the physical cover of overgrown areas in parks

or rest areas can improve surveillance opportunities.

However, cutting back bushes and other vegetation might

degrade the ecosystem and aesthetics of parks and

wilderness areas.

11. Redesigning restrooms. Restroom entrances'

"envelope" or "maze" structure (i.e., walls or partitions

that must be navigated to enter the restroom; used to

prevent a direct line of sight into the restroom) can

facilitate loitering and make police surveillance of activity

occurring in and around restrooms difficult. Reorienting

restroom entrances to face high-activity areas of a park or

† The North Wales Police

Department addressed complaints

about indecent exposure by nude

sunbathers by clearly designating the

boundaries of a nude-sunbathing

area, and posting signs reminding

sunbathers to stay within the

boundaries and to dress fully before

returning to public areas (North

Wales Police Department 2002).
24 Illicit Sexual Activity in Public Places

property, improving lighting (as previously noted), and

using cut-away stall partitions reduce the level of privacy

for illicit sexual activity.45 Similarly, single-user restrooms

can reduce loitering and decrease the likelihood that

someone entering the facility will inadvertently witness

sexual activity.

12. Relocating remote facilities. Some facilities are

popular trysting locations because they are in remote areas

of public places and do not attract large numbers of

legitimate users. By moving restrooms or other problem

facilities to areas with more activity, the level of legitimate

usage may increase, deterring those seeking privacy for

sexual encounters.

13. Increasing the area's legitimate-activity levels.

Locating dog-run areas, fitness facilities, or food-andbeverage vending near problem areas of public places

increases the amount of foot-traffic and informal

surveillance. As a result of the increased public exposure,

those who don't want any witnesses to their activities will

likely decrease them.

14. Limiting the location's hours of operation. The

times of day when public sexual activity occurs vary

depending on the type of activity, site, and community's

individual characteristics. Specific time restrictions define

the hours for legitimate use of the area, while limiting

operation during the period when most problem behavior

occurs.46
Responses to the Problem of Illicit Sexual Activity in Public Places 25

† The San Diego Sheriff's

Department's partnership with the

North County Gay and Lesbian

Association led to stories in gay

publications that educated readers

about the dangers of cruising and

discouraged them from using

specific locations being targeted by

police (Won 1996).

15. Closing the problem facility, street, or area. When

a combination of enforcement and environmental

strategies fails to reduce illicit-activity levels, it may be

prudent to close the facility, street, or area to the public.

Publicity-Based Responses

16. Using the media to deter potential offenders from

frequenting trysting spots. Print and television media

coverage can highlight the community's focus on the

problem and stress the consequences for potential

offenders, thus serving as a deterrent. Coverage in

publications catering to the gay community can also help

to discourage use of the problem locations.†

Paradoxically, media coverage may also increase activity

levels at the identified locations. For some, the increased

attention may heighten their excitement about engaging in

illicit sexual behavior.47 For others, the publicity may

confirm a location's reputation as a good place to find

partners.

David Corbett

Clearly posted signs indicating rules

such as time restrictions on the use of

public areas can help reduce

unwanted activity.
26 Illicit Sexual Activity in Public Places

17. Requesting the removal of website and guidebook

location references. Removing references to specific

locations from websites and guidebooks that advertise

cruising areas can reduce the number of potential patrons.†

If websites and guidebooks refuse to remove location

references, a second option is for police to post

information about enforcement activities (either real or

fictitious) to deter potential participants from using the

locations.48

Responses With Limited Effectiveness

18. Using undercover decoys. While using undercover

officers to pose as interested parties in illicit same-sex

public activity can lead to many arrests, such operations

have not had long-term effectiveness in reducing overall

activity levels. At best, they temporarily displace the

activity to other locations, and the activity usually returns

to prior levels once the operations have ceased. Further,

given the active role that undercover officers must take to

confirm suspects' intentions, the police may be vulnerable

to entrapment claims. In addition, many officers are

reluctant to serve as decoys because of the customary

behavioral scripts they must follow.49 Finally, some may see

the serious social consequences of the publicity following

an arrest as disproportionate to the severity of the

offense.50

† The San Diego Police Department

made a written request to a variety of

websites and guidebooks that listed a

targeted property as a popular

cruising location. Some organizations

complied with their request; others

did not (Hall and Brady 1994).
Responses to the Problem of Illicit Sexual Activity in Public Places 27

19. Harassing or intimidating suspects. Many who

engage in public sexual activity do not want witnesses and

try to avoid being seen. Thus, it can be difficult for police

to obtain probable cause for an arrest. When the

community pressures police to address the problem,

officers may resort to harassing or intimidating those

observed loitering in parks or rest areas. This approach

undermines police integrity, can create tension with the

gay and lesbian community and other residents concerned

about civil rights, and has not proved particularly

effective.51

Appendix: Summary of Responses to Illicit Sexual Activity in Public Places 29

Appendix: Summary of Responses to

Illicit Sexual Activity in Public Places

The table below summarizes the responses to public

sexual activity, the mechanism by which they are intended

to work, the conditions under which they ought to work

best, and some factors you should consider before

implementing a particular response. It is critical that you

tailor responses to local circumstances, and that you can

justify each response based on reliable analysis. In most

cases, an effective strategy will involve implementing

several different responses. Law enforcement responses

alone are seldom effective in reducing or solving the

problem.

1.

2.

20

20

Posting notices

Issuing warnings

Targets potential

offenders who

may not know

the behavior is

illegal, and

deters those who

fear social and

criminal-justice

consequences

Provides the

opportunity for

specific

deterrence,

without the costs

of a formal

arrest

...the notices

clearly define the

targeted behavior,

are conspicuous

and seen by

potential

offenders, and are

supplemented by

surveillance or

patrol

...patrol activities

and information

are synchronized

so that police can

identify repeat

offenders

It may stigmatize

the site and deter

legitimate use

The

consequences

may not be seen

as certain enough

to deter the

behavior;

recipients of

warnings may

object to the

presumed

criminal intent;

warnings could

deter legitimate

users

Response

No.

Page No. Response How It Works Works Best If... Considerations

Enforcement-Based Responses
30 Illicit Sexual Activity in Public Places

3.

4.

5.

6.

21

21

22

22

Creating the

illusion of

surveillance

Establishing

highly visible

patrols

Shifting

enforcement

responsibility to

private security

firms

Imposing "stay

away" orders

Destroys the

illusion of

privacy, deterring

those who fear

exposure

Indicates that

the police will

detect illicit

activity, deterring

those who fear

exposure 

Increases the

frequency of

patrol

Restricts the

activity of

known offenders

...potential

offenders believe

the surveillance

is real

...patrol

schedules are

regular, but

unpredictable

...businesses or

other

organizations

have both a

vested interest in

controlling the

behavior and

sufficient

resources for

private patrols

...there's

adequate

monitoring, and

the police have

the information

to identify

offenders

Increased police

activity may give

legitimate users

the impression

that the area isn't

safe; the efforts

may give the

public a false

sense of security 

An increased

sense of danger

may heighten the

excitement for

some participants;

increased police

activity may give

legitimate users

the impression

that the area isn't

safe

Delegating

responsibility may

suggest that the

police aren't

concerned about

the problem

It may displace the

activity to other

areas; it requires

legal authority to

enforce

Response

No.

Page No. Response How It Works Works Best If... Considerations
Appendix A: Summary of Responses to Illicit Sexual Activity in Public Places 31

7.

8.

9.

10.

11.

22

23

23

23

23

Using police

crackdowns 

Designating

geographic

boundaries

Improving

lighting

Cutting back

bushes and

other vegetation

Redesigning

restrooms 

Increases the

likelihood of

arrest, deterring

those who fear

exposure

Reduces the

likelihood of

inadvertent

observation

Increases the

ability to

monitor activity

Improves the

ability to

monitor activity

Improves the

ability to

monitor activity,

reducing the

sense of privacy

some

participants

desire

Crackdowns are

costly; they require

significant

manpower; they

can overwhelm the

criminal justice

system with lowerlevel offenders

Some may think it

condones public

sexual activity 

Installing and

maintaining the

lighting may be

costly 

It may have

negative ecological

and aesthetic

effects; the public

will more easily

notice those whodespite the lack of

cover-persist in

engaging in the

activity 

Renovation costs

may be substantial

...it's used as a

short-term

method to

interrupt

entrenched

behavioral

patterns, and is

supplemented

with moresustained

responses

...the boundaries

are clearly

marked, and

activity outside

of the

boundaries is

discouraged

...the current

lighting is

inadequate, and

participants do

not want to be

observed

...vegetation is

providing cover

for the activity,

and participants

don't want to be

observed

...the new design

does not deter

legitimate users 

Response

No.

Page No. Response How It Works Works Best If... Considerations

Environment-Based Responses
32 Illicit Sexual Activity in Public Places

12.

13.

14.

15.

16.

24

24

24

25

25

Relocating

remote facilities

Increasing the

area's

legitimateactivity levels 

Limiting the

location's hours

of operation

Closing the

problem facility,

street, or area

Using the media

to deter

potential

offenders from

frequenting

trysting spots

Increases

informal

surveillance by

increasing

legitimate use

Increases

informal

surveillance, and

demonstrates

that those who

want to use the

area legitimately

are fed up with

the illicit

activities

Increases the

difficulty in

finding an area

for trysting

Increases the

difficulty in

finding a

location for

trysting

Deters those

who fear

exposure

Relocation costs

may be substantial

It may take time to

reassure legitimate

users that the area

has been reclaimed

and is safe for

their activities, and

for children 

The community

may object to

having less time

for legitimate

activities

It may be

inconvenient for

legitimate users

It may increase

illicit-activity levels

by heightening

participants' sense

of excitement or

by confirming a

location's

reputation as an

active cruising area

...the new

location

encourages

legitimate use

...legitimate use

is consistent and

occurs during

times when

illegal activities

have generally

occurred

... the

community

supports the

change, and the

area is patrolled

during off-hours 

...the

community

supports the

change, and any

barriers used

cannot be

breached 

...enforcement

activities are seen

as fair and

unbiased, and

the publicity is

sustained over

time

Response

No.

Page No. Response How It Works Works Best If... Considerations

Publicity-Based Responses
Appendix A: Summary of Responses to Illicit Sexual Activity in Public Places 33

17.

18.

19.

26

26

27

Requesting the

removal of

website and

guidebook

location

references

Using

undercover

decoys

Harassing or

intimidating

suspects

Limits the

number of

potential

participants

aware of

trysting locations

Temporarily

removes

offenders from

circulation; the

social

consequences

may shame

participants and

deter repeated

activity

Discourages

potential

offenders from

frequenting

targeted

locations

Organizations that

provide such

information may

refuse to cooperate

This response is

vulnerable to

claims of

entrapment or

discrimination; the

social

consequences may

be devastating and

out of proportion

to the seriousness

of the offense;

officers may be

reluctant to take

on such

assignments

It undermines

police integrity; it

may create tension

with the gay

community if

same-sex activities

are specifically

targeted

...the high

activity levels at

the targeted

locations are the

result of the

publicity they've

received

Response

No.

Page No. Response How It Works Works Best If... Considerations

Responses With Limited Effectiveness

Endnotes 35

Endnotes

1 Van Lieshout (1995). 2 For example, Desroches (1990), Byrne (2003), Forsyth

(1992), and Redmon (2002). 3 Humphreys (1975); Schultz (1998); Desroches (1990). 4 Nardi (1995). 5 Schultz (1998). 6 Forsyth (1992); Redmon (2003). 7 Anderson (1977). 8 Mendenhall (2003); Byrne (2003). 9 Huber and Kleinplatz (2002). 10 Desroches (1990). 11 Desroches (1990). 12 Schultz (1998). 13 Corzine and Kirby (1977). 14 Troiden (1974); Corzine and Kirby (1977); Michael

(1997). 15 Corzine and Kirby (1977). 16 American Psychiatric Association (2000). 17 Redmon (2002). 18 Redmon (2003). 19 Redmon (2003). 20 Gray (1988). 21 Murray (1999). 22 Schultz (1998). 23 Byrne (2003). 24 Nardi (1995); Desroches (1990). 25 Desroches (1990). 26 Tewksbury (1995). 27 Tewksbury (1995). 28 Schultz (1998). 29 Shrum and Kilburn (1996). 30 Shrum and Kilburn (1996). 31 Mendenhall (2003).
36 Illicit Sexual Activity in Public Places

32 Gray (1988). 33 Gray (1988). 34 See Michael (1997) and Troiden (1974). 35 Troiden (1974); Gray (1988); Desroches (1990);

Michael (1997). 36 Tewksbury (1995). 37 Jabvorek (1979); Quinsey and Upfold (1985); Ullman

and Knight (1991). 38 Schultz (1998). 39 Leap (1999). 40 Church and Green (1993). 41 Clatts (1999). 42 Anderson (1977). 43 Hall and Brady (1994). 44 Desroches (1991). 45 Cockfield and Moss (2002). 46 Santa Ana Police Department (2001). 47 Tewksbury (1995). 48 Santa Ana Police Department (2001). 49 Gray (1988). 50 Gordon and Hendricks (1998). 51 Schultz (1998).
References 37

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Byrne, R. (2003). "Setting the Boundaries-Tackling Public

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at the Planning Research Conference at Wadham

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Church, J., and J. Green (1993). "Investigation of

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Clatts, M. (1999). "Ethnographic Conversations of Men

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Cockfield, C., and K. Moss (2002). "Sex, Drugs, and

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Corzine, J., and R. Kirby (1977). "Cruising the Truckers:

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Desroches, F. (1991). "Tearoom Trade: A Law

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(1990). "Tearoom Trade: A Research Update."

Qualitative Sociology 13:39-61.

Filosa, W. (2002). "The Party's Over: Arrests Double but

Safety Reigns." Times-Picayune (New Orleans), Feb. 14,

p. 1.

Forsyth, C. (1992). "Parade Strippers: A Note on Being

Naked in Public." Deviant Behavior 13:391-403.

Gordon, R., and T. Hendricks (1998). "Gay Activists Eye

Fairness of Sex Arrests; CHP Cracks Down on Illegal

Acts in Transbay Terminal Men's Bathrooms." San

Francisco Examiner, July 7, p. 17.

Gray, J. (1988). "The Tearoom Revisited: A Study of

Impersonal Homosexual Encounters in a Public

Setting." Ph.D. diss., Ohio State University. Ann

Arbor, Mich.: University Microfilms International.

Hall, T., and C. Brady (1994). "Marian Bear Park: A

Problem-Oriented Policing Project Analysis."

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References 39

Humphreys, L. (1975). Tearoom Trade: Impersonal Sex in

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Public Sex/Gay Space. New York: Columbia University

Press.

Luzadder, D. (2000). "Park's Plight United Adversaries;

Police, Activists Tackle Problems at Cheesman." Denver

Rocky Mountain News, June 25, p. 5A.

Mendenhall, P. (2003). "UK Parks 'Dogged' by

Exhibitionism." MSNBC News, Aug. 6.

Michael, S. (1997). "Behavioral Scripts of Urban Park

Offenders: A Rational Choice Perspective on

Influences of the Park Setting." Ph.D. diss., Virginia

Polytechnic Institute and State University. Ann Arbor,

Mich.: University Microfilms International.

Murray, S. (1999). "Self Size and Observable Size." In W.

Leap (ed.), Public Sex/Gay Space. New York: Columbia

University Press.

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Twenty-Five Years After Laud Humphreys' Tearoom

Trade: Impersonal Sex in Public Places." Journal of

Homosexuality 30(2):1-10.
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North Wales Police Department (2002). "Morfa Dyffryn."

Submission for the Tilley Award. Wales: North Wales

Police Department.

Quinsey, V., and D. Upfold (1985). "Rape Completion and

Victim Injury as a Function of Female Resistance

Strategy." Canadian Journal of Behavioral Science 17:40-50.

Redmon, D. (2003). "Playful Deviance as an Urban Leisure

Activity: Secret Selves, Self-Validation, and

Entertaining Performances." Deviant Behavior 24(1):27-

51.

(2002). "Testing Informal Social Control Theory:

Examining Lewd Behavior During Mardi Gras."

Deviant Behavior 23(4):363-384.

Santa Ana Police Department (2001). "Santiago Park

Project." Submission for the Herman Goldstein Award

for Excellence in Problem-Oriented Policing. Santa

Ana, Calif.: Santa Ana Police Department.

Schultz, M. (1998). "Policing Public Space: Community

Response to Park Cruising and Sexual Activity."

Master's thesis, University of Washington. Seattle:

University of Washington, Department of Landscape

Architecture.

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Mardi Gras: Ceremonial Exchange and Moral Order."

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Tewksbury, R. (1995). "Adventures in the Erotic Oasis:

Sex and Danger in Men's Same-Sex, Public, Sexual

Encounters." Journal of Men's Studies 4(1):9-24.
References 41

Times-Picayune (2000). "Revelers Better Beware of the

Bare Facts; Nudity May Get You in Handcuffs." TimesPicayune, Feb. 19, p. A1.

Troiden, R. (1974). "Homosexual Encounters in a

Highway Rest Stop." In E. Goode and R. Troiden

(eds.), Sexual Deviance and Sexual Deviants. New York:

Morrow.

Ullman, S., and R. Knight (1991). "A Multivariate Model

for Predicting Rape and Physical Injury Outcomes

During Sexual Assaults." Journal of Consulting and

Clinical Psychology 69:724-731.

Van Lieshout, M. (1995). "Leather Nights in the Woods:

Homosexual Encounters in a Dutch Highway Rest

Area." Journal of Homosexuality 29(1):19-39.

Won, L. (1996). "Case Study: Lewd Conduct at San Elijo

Lagoon and I-5 Viewpoint." Submission for the

Herman Goldstein Award for Excellence in ProblemOriented Policing. San Diego: San Diego Police

Department.

About the Author 43

About the Author

Kelly Dedel Johnson

Kelly Dedel Johnson is the Director of One in 37 Research, Inc., a

criminal justice consulting firm based in Portland, Ore. As a

consultant to federal, state, and local agencies, her research on the

juvenile and criminal justice systems takes one of three major forms:

1) developing written tools to enhance practice or inform public

policy; 2) conducting investigations of the conditions of confinement

in juvenile correctional facilities; and 3) undertaking rigorous

evaluations of various juvenile and criminal justice programs to

determine their effectiveness. She has provided evaluation-related

technical assistance to over 60 jurisdictions across the country for the

Bureau of Justice Assistance. In this capacity, Dr. Dedel Johnson

worked with a broad range of criminal justice programs implemented

by police, prosecutors, public defenders, local jails, community

corrections, and prisons. Dr. Dedel Johnson consults with the

Department of Justice as a monitor/investigator of civil rights

violations in juvenile correctional facilities, most often in the area of

education. Among her other research interests are prisoner reentry,

risk assessment and offender classification, and juveniles in adult

correctional facilities. Prior to working as a consultant, she was a

founder and senior research scientist at The Institute on Crime, Justice

and Corrections at The George Washington University, and was a

senior research associate at the National Council on Crime and

Delinquency. Dr. Dedel Johnson received bachelor's degrees in

psychology and criminal justice from the University of Richmond and

a doctorate in clinical psychology from the Center for Psychological

Studies in Berkeley, Calif.

Recommended Readings 45

Recommended Readings

• A Police Guide to Surveying Citizens and Their

Environments, Bureau of Justice Assistance, 1993. This

guide offers a practical introduction for police practitioners

to two types of surveys that police find useful: surveying

public opinion and surveying the physical environment. It

provides guidance on whether and how to conduct costeffective surveys.

• Assessing Responses to Problems: An

Introductory Guide for Police Problem-Solvers, by

John E. Eck (U.S. Department of Justice, Office of

Community Oriented Policing Services, 2001). This guide is

a companion to the Problem-Oriented Guides for Police series. It

provides basic guidance to measuring and assessing

problem-oriented policing efforts.

• Conducting Community Surveys, by Deborah Weisel

(Bureau of Justice Statistics and Office of Community

Oriented Policing Services, 1999). This guide, along with

accompanying computer software, provides practical, basic

pointers for police in conducting community surveys. The

document is also available at www.ojp.usdoj.gov/bjs.

• Crime Prevention Studies, edited by Ronald V. Clarke

(Criminal Justice Press, 1993, et seq.). This is a series of

volumes of applied and theoretical research on reducing

opportunities for crime. Many chapters are evaluations of

initiatives to reduce specific crime and disorder problems.
46 Illicit Sexual Activity in Public Places

• Excellence in Problem-Oriented Policing:The 1999

Herman Goldstein Award Winners. This document

produced by the National Institute of Justice in

collaboration with the Office of Community Oriented

Policing Services and the Police Executive Research Forum

provides detailed reports of the best submissions to the

annual award program that recognizes exemplary problemoriented responses to various community problems. A

similar publication is available for the award winners from

subsequent years. The documents are also available at

www.ojp.usdoj.gov/nij.

• Not Rocket Science? Problem-Solving and Crime

Reduction, by Tim Read and Nick Tilley (Home Office

Crime Reduction Research Series, 2000). Identifies and

describes the factors that make problem-solving effective or

ineffective as it is being practiced in police forces in

England and Wales.

• Opportunity Makes the Thief: Practical Theory for

Crime Prevention, by Marcus Felson and Ronald V.

Clarke (Home Office Police Research Series, Paper No. 98,

1998). Explains how crime theories such as routine activity

theory, rational choice theory and crime pattern theory have

practical implications for the police in their efforts to

prevent crime.

• Problem Analysis in Policing, by Rachel Boba (Police

Foundation, 2003). Introduces and defines problem

analysis and provides guidance on how problem analysis

can be integrated and institutionalized into modern

policing practices.
Recommended Readings 47

• Problem-Oriented Policing, by Herman Goldstein

(McGraw-Hill, 1990, and Temple University Press, 1990).

Explains the principles and methods of problem-oriented

policing, provides examples of it in practice, and discusses

how a police agency can implement the concept.

• Problem-Oriented Policing and Crime

Prevention, by Anthony A. Braga (Criminal Justice

Press, 2003). Provides a thorough review of significant

policing research about problem places, high-activity

offenders, and repeat victims, with a focus on the

applicability of those findings to problem-oriented

policing. Explains how police departments can facilitate

problem-oriented policing by improving crime analysis,

measuring performance, and securing productive

partnerships.

• Problem-Oriented Policing: Reflections on the

First 20 Years, by Michael S. Scott (U.S. Department of

Justice, Office of Community Oriented Policing Services,

2000). Describes how the most critical elements of

Herman Goldstein's problem-oriented policing model have

developed in practice over its 20-year history, and proposes

future directions for problem-oriented policing. The report

is also available at www.cops.usdoj.gov.

• Problem-Solving: Problem-Oriented Policing in

Newport News, by John E. Eck and William Spelman

(Police Executive Research Forum, 1987). Explains the

rationale behind problem-oriented policing and the

problem-solving process, and provides examples of

effective problem-solving in one agency.
48 Illicit Sexual Activity in Public Places

• Problem-Solving Tips: A Guide to Reducing Crime

and Disorder Through Problem-Solving

Partnerships by Karin Schmerler, Matt Perkins, Scott

Phillips, Tammy Rinehart and Meg Townsend. (U.S.

Department of Justice, Office of Community Oriented

Policing Services, 1998) (also available at

www.cops.usdoj.gov). Provides a brief introduction to

problem-solving, basic information on the SARA model

and detailed suggestions about the problem-solving process.

• Situational Crime Prevention: Successful Case

Studies, Second Edition, edited by Ronald V. Clarke

(Harrow and Heston, 1997). Explains the principles and

methods of situational crime prevention, and presents over

20 case studies of effective crime prevention initiatives.

• Tackling Crime and Other Public-Safety Problems:

Case Studies in Problem-Solving, by Rana Sampson

and Michael S. Scott (U.S. Department of Justice, Office of

Community Oriented Policing Services, 2000) (also available

at www.cops.usdoj.gov). Presents case studies of effective

police problem-solving on 18 types of crime and disorder

problems.

• Using Analysis for Problem-Solving: A Guidebook

for Law Enforcement, by Timothy S. Bynum (U.S.

Department of Justice, Office of Community Oriented

Policing Services, 2001). Provides an introduction for

police to analyzing problems within the context of

problem-oriented policing.

• Using Research: A Primer for Law Enforcement

Managers, Second Edition, by John E. Eck and Nancy G.

LaVigne (Police Executive Research Forum, 1994). Explains

many of the basics of research as it applies to police

management and problem-solving.
Other Problem-Oriented Guides for Police 49

Other Problem-Oriented Guides for Police

Problem-Specific Guides series:

1. Assaults in and Around Bars. Michael S. Scott. 2001.

ISBN: 1-932582-00-2

2. Street Prostitution. Michael S. Scott. 2001. ISBN: 1-932582-01-0

3. Speeding in Residential Areas. Michael S. Scott. 2001.

ISBN: 1-932582-02-9

4. Drug Dealing in Privately Owned Apartment Complexes.

Rana Sampson. 2001. ISBN: 1-932582-03-7

5. False Burglar Alarms. Rana Sampson. 2001. ISBN: 1-932582-04-5

6. Disorderly Youth in Public Places. Michael S. Scott. 2001.

ISBN: 1-932582-05-3

7. Loud Car Stereos. Michael S. Scott. 2001. ISBN: 1-932582-06-1

8. Robbery at Automated Teller Machines. Michael S. Scott. 2001.

ISBN: 1-932582-07-X

9. Graffiti. Deborah Lamm Weisel. 2002. ISBN: 1-932582-08-8

10. Thefts Of and From Cars in Parking Facilities. Ronald V.

Clarke. 2002. ISBN: 1-932582-09-6

11. Shoplifting. Ronald V. Clarke. 2002. ISBN: 1-932582-10-X

12. Bullying in Schools. Rana Sampson. 2002. ISBN: 1-932582-11-8

13. Panhandling. Michael S. Scott. 2002. ISBN: 1-932582-12-6

14. Rave Parties. Michael S. Scott. 2002. ISBN: 1-932582-13-4

15. Burglary of Retail Establishments. Ronald V. Clarke. 2002.

ISBN: 1-932582-14-2

16. Clandestine Drug Labs. Michael S. Scott. 2002.

ISBN: 1-932582-15-0

17. Acquaintance Rape of College Students. Rana Sampson. 2002.

ISBN: 1-932582-16-9

18. Burglary of Single-Family Houses. Deborah Lamm Weisel.

2002. ISBN: 1-932582-17-7

19. Misuse and Abuse of 911. Rana Sampson. 2002.

ISBN: 1-932582-18-5
50 Illicit Sexual Activity in Public Places

20. Financial Crimes Against the Elderly.

Kelly Dedel Johnson. 2003. ISBN: 1-932582-22-3

21. Check and Card Fraud. Graeme R. Newman. 2003.

ISBN: 1-932582-27-4

22. Stalking. The National Center for Victims of Crime. 2004.

ISBN: 1-932582-30-4

23. Gun Violence Among Serious Young Offenders. Anthony A.

Braga. 2004. ISBN: 1-932582-31-2

24. Prescription Fraud. Julie Wartell and Nancy G. La Vigne. 2004.

ISBN: 1-932582-33-9

25. Identity Theft. Graeme R. Newman. 2004. ISBN: 1-932582-35-3

26. Crimes Against Tourists. Ronald W. Glensor and Kenneth J. Peak.

2004. ISBN: 1-932582-36-3

27. Underage Drinking. Kelly Dedel Johnson. 2004. ISBN: 1-932582-39-8

28. Street Racing. Kenneth J. Peak and Ronald W. Glensor. 2004.

ISBN: 1-932582-42-8

29. Cruising. Kenneth J. Peak and Ronald W. Glensor. 2004.

ISBN: 1-932582-43-6

30. Disorder at Budget Motels. Karin Schmerler. 2005.

ISBN: 1-932582-41-X

31. Drug Dealing in Open-Air Markets. Alex Harocopos and Mike

Hough. 2005. ISBN: 1-932582-45-2

32. Bomb Threats in Schools. Graeme R. Newman. 2005.

ISBN: 1-932582-46-0

33. Illicit Sexual Activity in Public Places. Kelly Dedel Johnson. 2005.

ISBN: 1-932582-47-9

Response Guides series:

• The Benefits and Consequences of Police Crackdowns.

Michael S. Scott. 2003. ISBN: 1-932582-24-X

• Closing Streets and Alleys to Reduce Crime: Should You Go

Down This Road? Ronald V. Clarke. 2004. ISBN: 1-932582-41-X
Other Problem-Oriented Guides for Police 51

Problem-Solving Tools series:

• Assessing Responses to Problems: An Introductory

Guide for Police Problem-Solvers. John E. Eck. 2002.

ISBN: 1-932582-19-3

Upcoming Problem-Oriented Guides for Police 

Problem-Specific Guides

Domestic Violence

Mentally Ill Persons

Robbery of Taxi Drivers

Student Party Disturbances on College Campuses

Vandalism and Break-Ins at Schools

Drunk Driving

Bank Robbery

Witness Intimidation

Drive-by Shootings

Runaway Juveniles

Exploitation of Trafficked Women

Disorderly Day Laborers in Public Places

Child Pornography

Crowd Control at Stadiums and Other Entertainment Venues

Traffic Congestion Around Schools

Problem-Solving Tools

Analyzing Repeat Victimization

Forming and Sustaining Problem-Solving Partnerships with

Businesses

Using Offender Interviews to Inform Police Problem-Solving

Researching a Problem

Risky Facilities
52 Illicit Sexual Activity in Public Places

Response Guides

Crime Prevention Publicity Campaigns

Crime Prevention Through Environmental Design

Shifting and Sharing Responsibility for Public Safety Problems

Video Surveillance of Public Places

Other Related COPS Office Publications

• Using Analysis for Problem-Solving: A Guidebook

for Law Enforcement. Timothy S. Bynum.

• Problem-Oriented Policing: Reflections on the First

20 Years. Michael S. Scott. 2001.

• Tackling Crime and Other Public-Safety Problems:

Case Studies in Problem-Solving. Rana Sampson and

Michael S. Scott. 2000.

• Community Policing, Community Justice, and

Restorative Justice: Exploring the Links for the

Delivery of a Balanced Approach to Public Safety.

Caroline G. Nicholl. 1999.

• Toolbox for Implementing Restorative Justice and

Advancing Community Policing. Caroline G. Nicholl.

2000.

• Problem-Solving Tips: A Guide to Reducing

Crime and Disorder Through Problem-Solving

Partnerships. Karin Schmerler, Matt Perkins, Scott

Phillips, Tammy Rinehart and Meg Townsend. 1998.

• Bringing Victims into Community Policing. The

National Center for Victims of Crime and the Police

Foundation. 2002.

• Call Management and Community Policing. Tom

McEwen, Deborah Spence, Russell Wolff, Julie Wartell

and Barbara Webster. 2003.
Appendix 53

• Crime Analysis in America. Timothy C. O’Shea and

Keith Nicholls. 2003.

• Problem Analysis in Policing. Rachel Boba. 2003.

• Reducing Theft at Construction Sites: Lessons

From a Problem-Oriented Project. Ronald V. Clarke

and Herman Goldstein. 2003.

• The COPS Collaboration Toolkit: How to Build,

Fix, and Sustain Productive Partnerships. Gwen O.

Briscoe, Anna T. Laszlo and Tammy A. Rinehart.

2001.

• The Law Enforcement Tech Guide: How to plan,

purchase and manage technology (successfully!).

Kelly J. Harris and William H. Romesburg. 2002.

• Theft From Cars in Center City Parking 

Facilities - A Case Study. Ronald V. Clarke and

Herman Goldstein. 2003.

For more information about the Problem-Oriented Guides for

Police series and other COPS Office publications, please call

the COPS Office Response Center at 800.421.6770 or visit

COPS Online at www.cops.usdoj.gov.


FOR MORE INFORMATION:

U.S. Department of Justice

Office of Community Oriented Policing Services

1100 Vermont Avenue, N.W.

Washington, D.C. 20530

To obtain details on COPS programs, call the

COPS Office Response Center at 800.421.6770

Visit COPS Online at the address listed below.

e01052683 Created Date: March 30, 2005

ISBN: 1-932582-47-9