A woman who worked as a dancer at Steam was acquitted of offending public morals. Photo: Matthew Mirabelli

Topless lap dancing in a strip club did not offend morals because customers knew what to expect, a magistrate ruled.

Rebecca Camilleri, 26, from St Paul’s Bay, was acquitted of offending public morals when she was found inside the Steam strip club in Paceville with her bra pulled down while performing a lap dance.

The police were very specific in the charge and noted that she had been apprehended at 2.38am on June 6 last year during a spot check by officers.

The context within which this had happened was given weight by Magistrate Ian Farrugia, who argued customers were of a certain age and knew what to expect when frequenting such a place.

It was not for him to decide whether customers should attend such a venue because that was up to them, he noted.

“Independently of whether or not it was acceptable, this court believes that the behaviour of the accused was not, in the extreme, a vulgar and rude act or something that offends decency”, the magistrate ruled.

The behaviour of the accused was not, in the extreme, a vulgar and rude act or something that offends decency

Police Constable Dino Farrugia testified that he had entered a sectioned-off area in the club that was separated by a curtain and found Ms Camilleri sitting on the lap of a man with her bra pulled down. She promptly put the bra on properly once she spotted the officer, the witness said.

Ms Camilleri denied that she had purposely lowered her bra, adding that while dancing, the straps had come loose but she tightened them once she realised what had happened.

She said she was wearing a bikini top that was skin colour, adding that this could have misled the officer.

In his considerations, the magistrate noted that customers were of a certain age, which indicated that they attended the club knowing exactly what they would find. It would be incorrect to say that one would be surprised to find out what happens in such a club.

The court said it would not discuss whether going to such a place was right or wrong because that was up to the individual and not for him to decide.

Furthermore, after poring over case law, the magistrate said he felt even more convinced that the fact that the woman had exposed her breasts in particular circumstances could not objectively be viewed as something that could be “scandalous”.

In February last year, a Moroccan woman was acquitted of running a brothel and offending public decency when she was caught dressed provocatively in a bar while talking to men.

The only evidence against Rajaa Mokaddem, 32, from Casablanca, was that she was wearing a low-cut top and see-through skirt with her g-string visible, Magistrate Audrey Demicoli had noted.

Lawyer Joe Giglio appeared for Ms Camilleri.