In community coexistence there is a fine line between what may or may not affect the other, and to avoid the moment in which the interpretations of the norm may arrive from those who are called to impose order and the alleged transgressors of the same, it is that the high courts must settle and thus avoid legal gaps and ambiguities, as in this particular case.
Also, the subject will be dealt with from psychology, because there are behaviors that are not done entirely with the intention of transgressing but rather to obtain pleasure and if we add to this that the average Colombian generally commits the infractions more out of ignorance than out of intention, all the elements are complete for an analysis.
What is it about
For the Royal Spanish Academy of Language, exhibitionism is ‘Perversion consisting of the impulse to show the genital organs’. For this reason, given the ambiguous interpretations that letter b of numeral 2 of article 33 of the National Code of Citizen Security and Coexistence, or as the majority (of the police) know it, could contain, it was that the Constitutional Court conditioned the concept of exhibitionism and specified which will be punishable when it comes to the exposure of the genital organs to generate harassment or sexual violence.
Likewise, the expression ‘that causes discomfort to the community’, as it also appears in article 33 in its literal b, was declared unconstitutional for being indeterminate and being a vague and ambiguous provision. The full article is as follows: ‘Performing sexual acts or exhibitionism that annoy the community.’
Being at the discretion of the Police authority, it could generate acts of discrimination and end up sanctioning other types of cultural, artistic or protest manifestations without complying with the principle of strict legality.
A constitutionalist’s explanation
In order for readers to have more clarity on this issue, the lawyer Alejandro Aguirre was consulted, who explained: “This sentence C 069 of 2023, resolved the unconstitutionality action that any citizen could have sued, on that bit of Law 1801 of 2016 ” . For the specialist, what was studied and resolved there was probably the allegation of the violation of article 29 of the Political Constitution of Colombia, in the sense that the principle of legality was violated.
Protesting naked should not be considered exhibitionism, because it can lead to censorship or arbitrariness that violates the Constitution.Article 29: ‘No one may be tried except in accordance with pre-existing laws to the act that is imputed, before a competent judge or tribunal and with observance of the plenitude of the forms proper to each trial.’
“Once the violation of this article is configured, due process is violated.” For the lawyer, the principle of legality is nothing more than the powers in punitive matters that are at the head of the State, so in this it is the duty to demonstrate the responsibility of the offender.
“Exhibitionism is a word that does not have the specificity in determining what is the behavior that configures that act. The Court does not declare that it is unenforceable, because to do so would have to be eliminated from the legal norm, but it declared it conditionally enforceable, which means that it conforms to the Constitution, as long as it is interpreted in a timely manner and it is understood that that The restriction only applies when it comes to exposure of the genital organs,” argued Alejandro Aguirre.
Between ignorance and pleasure
Kisses or caresses that people, regardless of their gender, skin color, sexual orientation or gender identity, express as expressions of affection, in exercise of their right to the free development of personality, do not constitute sexual acts or exhibitionism.
Given this paragraph, the psychologist Gloria Zapata was consulted about exhibitionism from the point of view of her discipline and this contributed: “Exhibitionism is the exposure of the genitals to a strange person in order to achieve sexual arousal. The practice includes the deviation of the sexual act, since the sensation of pleasure is obtained by showing the genitals to third parties, women or children in most cases.
“The causes of exhibitionism are in the formation of inadequate learning by substituting sexual stimulation for other external stimuli. In some exhibitionists the desire and the act occur when they have emotional crises despite showing a normal intelligence and sociocultural level. They are not usually dangerous individuals nor do they attempt to abuse their victims. Most of them react insecurely and flee, their desire lies in surprising the victim, provoking in her a reaction of fear, disgust or curiosity”, commented Zapata.
What is exhibitionism to you?
Aleida Arredondo – passerby
“I understand exhibiting something that one likes and that is beautiful.”
Duván Alzate – passerby
“People who like to be showing their private parts out there on the street, because they are already showing what is prohibited.”
José Darío Murillo – passerby
“I don’t understand that word.”
Yaniret Suárez – Passerby
“It’s an act of showing things that shouldn’t. The style of garments that they are currently wearing that are very visible and reveal more than they should, should be dressed more accordingly, because there is an audience and children, it seems to me that it is a bad example”.