Starrunner said:
So my understanding is that someone simply going out in a diaper is not a criminal offense relating to indecency. However, if the person were to go onto private property, such as a store or a mall, they could be asked to leave the property and instructed not to return. Police could then remove the person for trespassing.
In the UK, trespass is a civil tort rather than a criminal offence, so neither the landowner or police have any right to remove someone.
https://www.askthe.police.uk/content/Q56.htm
https://www.mylawyer.co.uk/law-a-A76076D34460/?A76076D34460=
In order to enforce a withdrawn right of access, the shop would need apply for a legal injunction against the person they wished to remove. Further (or continued) trespass would then be prosecuted as a breach of the injunction.
If an exhibitionist ABDL refused to leave a shop after the implied invitation to enter had been withdrawn, and thus was trespassing, the only immediate possibility for removing him would be to have him arrested for another offence.
Usually trespassers commit other offences -- damage to property, theft, public order offences, or aggravated trespass, which is where someone
intends to intimidate, obstruct or disrupt anyone carrying out lawful activities.
In Scotland (but not in England and Wales), a "breach of the peace" includes "any disorderly behaviour". This is not an offence, but a person can still be arrested for it and bound to keep the peace in future (with specific requirements). Breaking that bond would then be criminal.
https://en.wikipedia.org/wiki/Breach_of_the_peace
In
practise, however I think you could only be prosecuted for removing a trespasser if you used "unreasonable force". So, you could probably push, shove or drag them out, but if this resulted in
any injury, you'd be guilty of assault.
Nightclub door staff are trained to remove people safely, and street bobbies will often do the same, especially if they anticipate that the person will then commit an offence (assault, threatening language, etc.) which will instantly give them the right to arrest them.
But in most other situations, the police will only attend an act of trespass as passive observers to reassure the landowner in case any criminal offences subsequently occur.
Starrunner said:
Personally, I just don't really see the need to be informed about laws on wearing diapers in public. It should come under a law of having common sense. I can't imagine why someone would willingly go out into a public environment knowing that people would be disturbed or uncomfortable with how they are dressed or what their intentions are. It just seems like it's forcing a fetish onto some unsuspecting participants without their consent. It also reinforces the negative perception of the abdl community. These days it all winds up on Youtube and Facebook to be held up for more public ridicule.
I couldn't agree more. But I do find the law rather fascinating even so.