The offender was naked when he was whipped. It was not clear whether Picard has retained an attorney. Male athletes competed naked, but most city-states of the time allowed no female participants or even spectators at those events, Sparta being a notable exception. Underwear was, however, not commonly worn in Japan until after WWII despite the government's attempts to impose Western standards.
In Japan, public nudity was quite normal and commonplace until the Meiji Restoration. The Roman Cultural Revolution.