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Wednesday, September 12, 2012

AdilanClub: Couple arrested for noisy sex

Sulaiman Kamal | 11:52 PM | | Best Blogger Tips

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An Australian couple may be the first to be charged with offences under an official law - as a direct result of their noisy sex after repeated complaints by neighbours.

Police have been forced to step in to intervene into Ms Jessica Angel and Mr Colin MacKenzie's loud bedroom activities.

The couple from Adelaide's Black Forest suburb are believed to be the first in South Australia to be charged with offences under the Environmental Protection Act.

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The pair could face up to a A$4,000 (S$5,200) fine, reported Australian daily The Herald Sun.

Under South Australian law, noise is classified as a form of pollution, and that includes vibration, reported The Australian.

Police have been to the couple's unit 20 times since April.

The latest sessions - last Sunday night and twice last Tuesday morning - resulted in them being charged with disturbing public peace.

They were also charged with hindering an environmental protection officer.

Said Ms Angel: "We exceeded the noise pollution to the point we were arrested and taken out of our own house and told we couldn't have sex."

Added Mr MacKenzie: "It is completely over the top. I have been fined for having sex in my own house."

Ms Angel, 34, allegedly the louder one, was issued with an emergency Environmental Protection Order by police last Sunday night.

The 72-hour order required her to cease "emanating any and all environmental nuisance" including "screaming, loud moaning, swearing and raised voices".

Despite the order issued that night, the police were called back early Tuesday morning.

Fined, then charged

Ms Angel and Mr MacKenzie were fined A$315 for breaching Sunday's police order and again warned to be quiet.

At 3.30am, the police were called again, after a further complaint about their noisy sex.

This time the couple was arrested after being woken by officers and taken to the police station.

They were formally charged and given police bail to appear in Adelaide Magistrates Court next month.

Ms Angel said police told them that Sunday night's callout was in response to a report of a domestic dispute and "screaming", but that was wrong.

"We were just having sex. No way were we fighting. We were being intimate Sunday and into Sunday night," she said.

She said she was shocked to receive the order, but when fined for breaching that order, and then formally charged early Tuesday, this turned to disbelief.

Mr MacKenzie, 45, conceded they were noisy during sex. But he said that their neighbours could easily have knocked on the door instead of calling the police.

"It is mostly Jessie," he said. "Our average sex goes anywhere from four, six, seven hours, basically five nights a week."

Mr MacKenzie said he felt many complaints were malicious, and on some occasions, they were not even at home.

"We can't even have sex. It's ridiculous and has gone beyond a joke," he said.

"It is bizarre. What are people doing, just sitting in their flat listening to me and then they say, 'I don't like the sound of that so I will ring up and complain?'"

Sturt Police Detective Chief Inspector Trevor Lovegrove said the incident was "certainly one of the more interesting matters police have had to deal with".

"Generally complaints to police about noisy neighbours relate to parties or music being played too loudly," he said.

"We don't want to be seen as the killjoy police because we're certainly not.

"People have a right to privacy within their own home, but when their actions impact others police need to step in before a situation escalates."

One neighbour said he was woken by the couple early on Tuesday. "It was quite loud and they sounded very obscene," he said.
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