A train passenger who harassed a young woman by grabbing her hair and asking for a kiss has become the first person convicted under a new law banning harassment based on sex. David Stroud, 44, made sexually motivated comments to his victim on a train to London on April 3, just two days after the legislation came into force.
Details of the Offence
The court heard that Stroud sat next to the woman, who was on the phone to her boyfriend, on a train departing Hastings at approximately 8:50 PM. The victim tried to ignore him as she was a lone female traveler. Stroud persistently leaned into her, told her she was “magical,” and grabbed her hair, which the woman perceived as sexual. She also smelled alcohol on his breath. He told her, “You’re never going to find someone who loves your hair as much as I do,” to which she replied, “I already have someone.”
The woman’s boyfriend overheard the comments via the phone and alerted British Transport Police, who arrested Stroud at London Bridge station. When cautioned, Stroud claimed, “It’s just banter, we had banter together,” and “I’ve done nothing wrong to her.”
Sentencing and Background
At Highbury Corner Magistrates’ Court, Stroud pleaded guilty to harassing the woman. He was already on bail for a separate 22-month stalking campaign, to which he had also pleaded guilty. The court sentenced him for both offenses, imposing a 12-month community order, 15 days of rehabilitation activity, 150 hours of unpaid work, and a 90-day alcohol abstinence monitoring tag. A five-year restraining order was also issued for the stalking victim.
Legal Significance
The new offense under Section 4B of the Public Order Act 1986 covers intentional harassment directed at someone because of their sex, including targeting women and girls in public places. Olivia Rose, deputy chief Crown prosecutor and CPS lead on stalking, stated: “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 that the conviction sends a message to victims that they will be taken seriously.
