5 days ago
Joshua Askew, South East and
Adina Campbell, in London
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David Stroud made sexually motivated comments to a woman on a train
A man has been given a community order after being convicted in a first-of-its-kind sex-based harassment prosecution brought by the British Transport Police (BTP).
David Stroud grabbed a woman's hair and asked if he could kiss her on an evening train to London from Hastings, East Sussex.
He was arrested two days after a new law banning harassment motivated by a person's sex came into force on 1 April.
The 44-year-old, from Dartford in Kent, had pleaded guilty at Highbury Corner Magistrates' Court in May.
Tuesday's hearing - which the Crown Prosecution Service (CPS) called an "important step" in protecting women and girls - was the first criminal sentencing of its kind in England and Wales.
In a victim impact statement, the woman said she had felt "trapped, powerless and petrified".
"I always feel the need to have company when I leave the house now," she said.
"I can never truly go anywhere on my own, simply because I'm a woman.
"Stroud's crime has impacted every part of my life."
Stroud was on bail after admitting to a separate 22-month stalking campaign when he harassed the victim on a train.
He was sentenced for both offences on Tuesday to a 12-month community order, 150 hours of unpaid work and a 15-day rehabilitation programme.
'Paralysed with fear'
The court previously heard Stroud sat next to the woman, who was on the phone to her boyfriend, on the train.
He was "constantly leaning" on her and called her "magical", while she tried to ignore him.
Stroud then grabbed her hair, which the victim "perceived to be sexual".
He told the woman: "You're never going to find someone who loves your hair as much as I do." She replied: "I already have someone."
In her statement, the woman - who detailed she was a childhood sexual abuse survivor - said the incident left her "paralysed with fear".
She had told Stroud to stop, but he continued talking to her before asking: "Can I kiss you?".
The woman replied "absolutely not", the court heard.
She said Stroud's breath smelt of alcohol.
"Imagine as a young woman of small stature when a large, drunk man tries to sit on top of you," the woman added in her statement.
"I was an unwilling recipient of this kind of contact towards me."
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Stroud (pictured) arrived at court on Tuesday
The woman's boyfriend contacted BTP after hearing the comments over the phone.
Stroud was later arrested by officers at London Bridge railway station.
The court heard he described what happened as "just banter" while under police caution.
Speaking before Stroud's court appearance on Tuesday, 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."
Stroud's defence said he knew "he acted stupidly and horrendously" that evening and now recognised the impact of his crimes.
The court heard that since being arrested, he has lost his job and been diagnosed with autism after struggling with his mental health.
While passing the sentence, District Judge Caroline Jackson described Stroud's actions - which lasted over a 10 to 15 minute period - as "rather worrying and disturbing".
The woman "was very clearly telling you that she doesn't want to talk to you. You were targeting a lone female. She had to remain on the train."
There was a "total disregard for her", the judge added.
'Landmark case'
The offence that Stroud was convicted of falls under the 1986 Public Order Act and carries a maximum penalty of up to two years.
It covers intentional harassment directed at someone because of their sex, including where perpetrators target women and girls in public places, such as streets, parks and public transport.
Det Supt Sam Painter from BTP said Stroud's case was "just the start".
He detailed the force had made 26 arrests - all men - for the offence since it was introduced two months ago.
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Stroud (pictured) was also fitted with a tag to monitor his alcohol intake
Olivia Rose, from the CPS, called Stroud's sentencing a "landmark case" that "signals an important step forward in protecting women and girls".
"This is a serious offence and you will be prosecuted," she said to would-be offenders.
Stroud will also be fitted with a tag which will monitor his alcohol intake over 90 days.
He was also given a five-year restraining order in connection to the separate stalking case.
Clarification 10 June: The original headline for this article described the incident as "man who asked woman for kiss" and was updated shortly after publication to make clear that he had first grabbed her hair during the incident.
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