A man has become the first person to be sentenced under a new law that bans harassment motivated by a person's sex. David Stroud, 44, grabbed a woman's hair and asked, "Can I kiss you?" on a train to London on April 3, just two days after the legislation came into effect.
First Sentencing Under New Offence
Detective Superintendent Sam Painter of the British Transport Police (BTP) stated that harassment of women and girls because of their sex has been "going on for too long" and is "clearly not banter." The new offence, under Section 4B of the Public Order Act 1986, covers intentional harassment directed at someone because of their sex, targeting perpetrators in public places such as streets, parks, and public transport.
Olivia Rose, the Crown Prosecution Service's (CPS) lead on stalking and deputy chief Crown prosecutor, explained that the new law bridges a gap in legal protections. "It bridges the gap between where conduct is serious but perhaps doesn't quite meet the threshold for sexual assault," she said. "This deals with that, because otherwise we would find that there would be cases that might fall within that gap."
Details of the Incident
Stroud pleaded guilty at Highbury Corner Magistrates' Court to harassing the woman because of her sex. The court heard that he "constantly leaned on to the woman," moved closer, told her "you're magical," and grabbed her hair, which the victim perceived as sexual. He was arrested at London Bridge station after the incident on a train from Hastings. Under caution, he claimed, "It's just banter, we had banter together, do you know what I mean?"
Olivia Rose emphasized the importance of victims coming forward. "In these kinds of cases, it's really important that victims feel that they should come forward and it's about sending a message to defendants that this is more than just friendly banter," she said. "This is persistent, unwanted and deeply distressing for victims, and we need to send a message that this will not be tolerated and it must stop."
Impact of the New Law
As of Monday, 26 men had been arrested for the offence across BTP's network since the law came into effect on April 1. Offenders can face up to two years in prison under the new law. Detective Superintendent Painter noted that the law "recognises the seriousness of the offending" and its impact on women and girls.
Ms Rose expressed hope that the new law and Stroud's prosecution would serve as a deterrent. "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," she said. "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."
Mr Painter echoed this sentiment, saying Stroud's sentence will "send a deterrent out to people who do think this is banter." He concluded, "It's clearly not banter. It's unacceptable."
