A man who grabbed a woman’s hair and asked “can I kiss you?” on a train to London has become the first person sentenced under a new law targeting sex-based harassment. David Stroud, 44, committed the offence just two days after the legislation came into effect on 1 April, with the incident unfolding on a journey from Hastings, East Sussex, to London on 3 April.
Highbury Corner magistrates court heard that Stroud was “constantly leaning on to the woman”, told her “you’re magical”, and grabbed her hair, behaviour the victim “perceived to be sexual”. He was arrested at London Bridge station, and while under caution told officers: “It’s just banter, we had banter together, do you know what I mean?”
“David Stroud, 44, first sentenced under new sex harassment law after grabbing woman's hair and asking to kiss her on train to London.”
The new offence, under section 4B of the Public Order Act 1986, covers intentional harassment motivated by a person’s sex, including targeting women and girls in public places such as streets, parks and public transport. Offenders can face up to two years in prison. Stroud, from Dartford in Kent, had previously pleaded guilty to a separate stalking campaign against his ex-partner’s adult daughter, sending her over 200 emails and unwanted gifts. He was on bail for that 22-month stalking campaign when he harassed the woman on the train.
Sentenced for both offences together, Stroud received a 12-month community order, 150 hours of unpaid work, and 15 days of rehabilitation activity. In an interview after sentencing, he blamed alcohol and 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.”
Det Supt Sam Painter of the British Transport Police said: “We recognise that this offending, in terms of the scale and the nature of it, has been going on for too long.” As of Monday, 26 men had been arrested for the offence across the BTP network since the law took effect. Olivia Rose, the Crown Prosecution Service’s lead on stalking and deputy chief crown prosecutor, said the new offence “bridges the gap between where conduct is serious but perhaps doesn’t quite meet the threshold for sexual assault.” Jennifer McDowall, senior crown prosecutor for CPS West Midlands, added: “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.”