Beats

Beats are public places, like toilets or parklands, where men may gather to meet others for sexual or social reasons. Beats can play an important part in the lives of some communities. If you are going to visit beats here’s a few things you need to know.

Legality

Having sex at a beat in NSW whether it is in bushland or a public toilet is illegal. However, being at a beat is not illegal. To be arrested or charged you must be caught having sex or committing some other unlawful behaviour. Be aware of other by-laws that may exist in certain beats like plant regeneration areas. If you are walking through these areas you may be breaking local council rules and may be fined.

Your rights

The police do patrol some beats especially if there have been complaints from the public or crimes against beat users. As beats are considered ‘sensitive’ police will usually patrol in pairs. If you are caught having sex, or committing another offence, you can be arrested. The police officer should explain why you are being arrested. You can ask them for their name, rank and station and they must tell you. They may perform a pat down search of you but apart from your name and address, you have the right to remain silent. You may then be taken to a police station and charged, or issued with a notice to attend court at a later date.

If you are fined you are always given an official notice as well as time to pay it or to appeal. Never give a police officer or council ranger money.

Homophobic violence

Staying alert is the best defence against violence. If there is a group of guys who obviously aren’t there for sex it is best to leave the area. On your way out let others know if you think there is a danger. If you see someone being harassed do something to help for example call the police or make noise, but don’t get physically involved unless it is safe to do so.

Trust your instincts - if something doesn’t feel right then leave.

Entrapment

Entrapment involves a law enforcement officer pretending to be cruising for sex. When a victim responds to a sexual advance they are arrested or detained. Entrapment is against NSW Police policy and evidence obtained through entrapment cannot be used in court. If you believe you have been entrapped you should seek legal advice or call the Lesbian and Gay Anti-Violence Project.