First man sentenced under new sex-based harassment legislation

A British Transport Police (BTP) investigation has resulted in the first man being sentenced in England and Wales under new sex-based harassment legislation.

David Stroud, 44, of Halcrow Avenue, Dartford, pleaded guilty to one charge under the new Section 4B of the Public Order Act 1986.

On 9 June at Highbury Corner Magistrates’ Court, he was sentenced to a 12-month Community Order and 150 hours of unpaid work.

Section 4B strengthens existing public order powers by criminalising behaviour which causes intentional harassment, alarm or distress because of a person’s sex or presumed sex.

Stroud was arrested for the offence on 3 April, just two days after the new legislation came into force.

The court heard that on the day Stroud harassed a woman on board a Hastings to London service.

Despite the victim asking him to leave her alone, he directed a series of inappropriate comments at her throughout the journey.

These included asking to kiss the woman, calling her "magical", and that he loved her “iridescent hair” which he also grabbed as the train approached the capital. 

The victim’s boyfriend reported Stroud’s behaviour to BTP officers who met the train at London Bridge station and arrested him at 10.30pm.

While he was under caution, he told arresting officers that it was “just banter”.

Speaking before Stroud’s 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. David Stroud’s crime has impacted every part of my life.

“This justice proves it’s worth reporting to police as it will be taken seriously, as it was in my case. Nothing is going to change if these crimes are not reported and go unpunished.”

BTP Detective Superintendent Sam Painter said: “We urged the government to introduce this new legislation to bolster our ongoing efforts in tackling sex-based harassment on the railway.

“David Stroud is the first man to be convicted of a Section 4B offence, but this is just the start. Since the legislation was introduced two months ago, we have made 26 arrests – all men – for this offence.

“Anyone who experiences or witnesses sexual harassment on trains or at stations are encouraged to report it to us by texting 61016. We will always do everything in our power to secure justice for victims.”

Olivia Rose, CPS national stalking lead, said: “This landmark case under a new law tackling sex-based harassment signals an important step forward in protecting women and girls in public spaces.

“Anyone can be a victim of this type of behaviour – but we know women and girls are disproportionately affected.

“We will continue to play our part in stamping out violence against women and girls and to make sure everyone can feel safe going about their daily lives.”