A man who grabbed a woman's hair on a London-bound train and asked if he could kiss her has become the first person in England and Wales to be sentenced under a new sex-based harassment law. David Stroud, 44, from Dartford, Kent, was given a 12-month community order at Highbury Corner Magistrates' Court on Tuesday, after pleading guilty in May to intentionally harassing a woman because of her sex under Section 4B of the Public Order Act 1986.
The incident happened on an evening train from Hastings to London on April 3 – just two days after the law came into force. The court heard Stroud sat next to the woman, who was on the phone to her boyfriend, and was “constantly leaning” on her, calling her “magical”. He then grabbed her hair – which the victim “perceived to be sexual” – before asking: “Can I kiss you?” She replied “absolutely not” and told him to stop, but he continued talking. Stroud’s breath smelt of alcohol, the court heard.
“David Stroud becomes first person sentenced under new sex-based harassment law after grabbing woman's hair on train.”
The woman’s boyfriend contacted British Transport Police after hearing the comments over the phone, and Stroud was arrested at London Bridge station. While under caution, he told officers his behaviour was “just banter”, adding: “We had banter together, do you know what I mean?”
In a victim impact statement, the woman – who detailed she was a childhood sexual abuse survivor – said she felt “trapped, powerless and petrified”. She added: “I always feel the need to have company when I leave the house now. I can never truly go anywhere on my own, simply because I’m a woman.” Another part of her statement read: “Imagine as a young woman of small stature when a large, drunk man tries to sit on top of you. I was an unwilling recipient of this kind of contact towards me.”
Stroud was already on bail for a separate 22-month stalking campaign, which he also admitted. On Tuesday he was sentenced for both offences, ordered to complete a 15-day rehabilitation programme and 150 hours of unpaid work, in addition to the community order.
Speaking before his court appearance, the victim said: “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. This justice proves it’s worth reporting to police. Nothing is going to change if these crimes are not reported and go unpunished.”
Jennifer McDowall, Senior Crown Prosecutor for CPS West Midlands, said: “What he initially dismissed as ‘banter’ was in fact criminal and he now has a conviction as a result. This case sends a clear message that behaviour like this is not harmless and will not be tolerated.” CPS national stalking lead Olivia Rose added: “This landmark case under a new law tackling sex-based harassment signals an important step forward in protecting women and girls in public spaces.”
Asked about being the first convicted under the law, Stroud later said: “The law changes, it is what it is. I was just unlucky that I was the first person at the time. The law can adapt, it doesn’t stay fixed.”