Rhianna Benson
In a monumental UK first, a man has been sentenced under new sex-based harassment laws for asking to 'kiss' a female train passenger.
During a journey from Hastings back in April, the anonymous woman had been travelling to London for work when she was approached by 44-year-old David Stroud, who grabbed her hair.
After telling her, 'You're magical', Stroud then asked her, 'Can I kiss you?', to which she declined.
A court heard this week that the victim 'perceived' the man's intentions 'to be sexual', which Stroud later confirmed, admitting to having harassed the passenger throughout her journey because of her sex.
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Attendees at Highbury Magistrates Court also heard he'd been 'constantly leaning on to the woman' before making his inappropriate request.
After the victim contacted the police, Stroud - who had been on bail for stalking at the time - was arrested at London Bridge station that same day. He told officers that he had been cautioned: "It’s just banter; we had banter together. Do you know what I mean?"
In court, the victim, who'd been on the phone to her boyfriend when Stroud began harassing her, 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."
Stroud hit back: "I wasn’t a monster. We had an amicable chat about her iridescent hair. 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."
Stroud was sentenced for both harassment and stalking on Tuesday (9 Jun) and handed a 12-month community order. The father-of-two was also ordered to complete 15 days of rehabilitation activity requirement.
Two days prior to his arrest, new legislation had been installed in the UK which banned harassment motivated by a person's sex.
Sam Painter, the Detective Superintendent of British Transport Police (BTP), told PA of Stroud's actions: "We recognise that this offending, in terms of the scale and the nature of it, has been going on for too long."
The new laws fall under Section 4B of the Public Order Act 1986, which covers intentional harassment inflicted onto a person because of their gender, and now includes women and girls being targeted in public places.
According to Olivia Rose, the Crown Prosecution Service's stalking lead and deputy chief Crown prosecutor, the new offence will bridge a considerable gap in UK legislation between serious misconduct and sexual assault.
“This deals with that, because otherwise we would find that there would be cases that might fall within that gap," she explained.
"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; 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."
Stroud is just one of the 26 men arrested under this offence by British Transport Police officers since it came into play on 1 April.
Punishments could see perpetrators face up to two years behind bars, which Painter says emphasises 'the seriousness of the offending'.