Rail traveller who harassed woman sentenced in first prosecution under new law
A train passenger who grabbed a young woman’s hair and asked “can I kiss you?” has been sentenced in the first conviction for harassment based on a person’s sex
David Stroud, 44, made sexually motivated comments to the victim on a train to London on April 3, two days after a new law came into force banning harassment because of a person’s sex. He pleaded guilty to harassing the woman at Highbury Corner Magistrates’ Court, which heard Stroud sat next to the woman, who was on the phone to her boyfriend at the time, on a train which left Hastings at about 8.50pm. The defendant, of Dartford, Kent, tried to make conversation with the woman, who attempted to ignore him as she was a lone female travelling, the court heard. He was “constantly leaning on to the woman” and got closer, telling her “you’re magical” and grabbing her hair, which the victim “perceived to be sexual”. In a statement, his victim said she now struggles to get on public transport because of the ordeal she suffered. “David Stroud’s crime has impacted every part of my life,” she said. “I now struggle to get on public transport, especially trains, both alone and with friends. When I do travel, I’m on constant alert and I’m extra vigilant. “Women are used to this happening to them, whereas men are not. Some men may see this case and dismiss David Stroud’s actions as banter or just someone being drunk. “But they don’t have the same fears as women. We have to think about what streets we walk down and have to be constantly aware of the dangers of assault or harassment at the hands of men. “Everything women have to think about, men just don’t have to consider. On the train I was cornered by someone four times the size of me which is a really intimidating situation to be in.” The woman said she could smell alcohol on the defendant’s breath, the court previously heard. Stroud, a father-of-two, told the woman “you’re never going to find someone who loves your hair as much as I do”, and she replied: “I already have someone.” The woman’s boyfriend heard the comments over the phone and called the British Transport Police (BTP), who arrested Stroud at London Bridge station. While under caution Stroud, who had been on bail for a separate 22-month stalking campaign at the time, said: “It’s just banter, we had banter together, do you know what I mean?”, the court heard. He also said: “I’ve done nothing wrong to her.” The new offence, under Section 4B of the Public Order Act 1986, covers intentional harassment directed at someone because of their sex, including where perpetrators target women and girls in public places, including streets, parks and public transport. The 44-year-old father-of-two had previously pleaded guilty to the separate stalking campaign, the court heard on Tuesday. He stalked his ex-partner’s adult daughter, going to her home regularly and sending her unwanted gifts and over 200 emails. Mitigating, Alex Chowdhury said Stroud, who wore a black hoodie and blue shorts in the dock, had lost his job as a technician at a water company because of his offending. Mr Chowdhury said the defendant now recognises the impact of his crimes, and Stroud said he had “lost the plot” at the time. “He is already facing consequences,” Mr Chowdhury said. Sentencing him, District Judge Caroline Jackson said: “What’s worrying about that is you were already on bail for the other stalking incident, you were drinking, it was targeting a lone female at about 9.30pm in the evening, she couldn’t leave, as I said she couldn’t get off and felt trapped.” Judge Jackson noted the “ongoing impact” of Stroud’s harassment on his victim. “You’ll leave court today with a sentence which you’ll have to complete and then presumably you’ll forget all about it,” she told him. Stroud was sentenced for both offences together and was spared jail, receiving a 12-month community order and being told to complete 15 days of rehabilitation activity requirement. He was ordered to carry out 150 hours of unpaid work and be fitted with an alcohol abstinence monitoring tag for 90 days. Judge Jackson also made a five-year restraining order against him for the stalking victim and ordered Stroud to pay £85 court costs and a £114 surcharge, totalling £199. Speaking to reporters outside the court, Stroud said of his prosecution: “The law changes and it is what it is. I was just unlucky that I was the first person at the time.” He said the victim impact statement made him appear like “a monster”. “I wasn’t a monster,” he said. “We had an amicable chat about her iridescent hair.” He added: “I realised that I’d overstepped the line. And I walked away of my own accord because I thought, right, now it’s time to go.” Olivia Rose, deputy chief Crown prosecutor and the Crown Prosecution Service lead on stalking, said she hopes the law and Stroud’s prosecution send a message to would-be offenders: “If you think you are going to get away with sex-based harassment because you consider it just to be friendly banter, it isn’t. “This is a serious offence and you will be prosecuted.” She added: “I want to send a message to victims, so they feel that they can come forward, because they will be taken seriously.” BTP Detective Superintendent Sam Painter said: “We urged the Government to introduce this new legislation to bolster our ongoing efforts in tackling sex-based harassment on the railway. “David Stroud is the first man to be convicted of a Section 4B offence, but this is just the start. Since the legislation was introduced two months ago, we have made 26 arrests – all men – for this offence. “Anyone who experiences or witnesses sexual harassment on trains or at stations are encouraged to report it to us by texting 61016. We will always do everything in our power to secure justice for victims.”
Published: by Radio NewsHub