David Stroud, 44, targeted a young woman on a train from Hastings to London on April 3, just two days after a new law came into effect criminalising harassment based on a person’s sex.
Stroud, from Dartford, pleaded guilty at Highbury Corner Magistrates’ Court on Thursday, May 7.
Paul Okebu, prosecuting, told the court the victim was on the phone to her boyfriend when Stroud sat next to her and began making unwanted conversation.
Stroud, who was “constantly leaning on to the woman,” told her “you’re magical” and grabbed her hair, which the victim “perceived to be sexual”.
She told Stroud to let go of her hair and not to touch her, but he continued talking and then asked: “Can I kiss you?”
She replied: “Absolutely not,” but Stroud persisted, telling her, “You’re never going to find someone who loves your hair as much as I do,” to which she responded, “I already have someone.”
The woman also said she could smell alcohol on Stroud’s breath during the encounter.
Her boyfriend heard the conversation over the phone and called British Transport Police, who arrested Stroud when the train arrived at London Bridge station after 11pm.
Under caution, Stroud described his behaviour towards the woman as “banter” and insisted he had “done nothing wrong to her,” although his lawyer told the court that he had since reflected on his offending.
The prosecution took a very different view, with Mr Okebu noting that Stroud had chosen to target “a lone woman on public transport late in the evening.”
He added: “This is a matter which on another day in different circumstances may have amounted to a sexual assault.”
The water technician and father-of-two is set to be sentenced on June 9.
New legislation
Stroud was convicted under Section 4B of the Public Order Act 1986, introduced on April 1 to criminalise intentional harassment directed at someone because of their sex in public spaces, including streets, parks, and public transport.
Prior to the new law being introduced, police may have prosecuted Stroud’s behaviour as common assault, which has a maximum sentence of six months.
Because he harassed the victim two days after it came into force, he could now face up to two years in prison.
Detective Superintendent Sam Painter from British Transport Police said: “This first-ever conviction for a Section 4B offence sends a clear message to men who think it’s acceptable to harass women and girls – we’ll always do everything in our power to put you before the courts.
“We urged the government to introduce this new legislation to reinforce our ongoing efforts in tackling sex-based harassment on the railway.
“Its introduction ensures perpetrators rightly face harsher penalties for their crimes.
“Anyone who experiences or witnesses sexual harassment on trains or at stations is encouraged to report it to us by texting 61016.
“As we did in this case, we will always take action to secure justice for victims.”
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