A Wiltshire man committed sexual assault by kissing the forehead of a woman he went to school with.
Benjamin Justin James Mortimer, of no fixed abode but living in the Salisbury area, admitted a charge of sexual assault when he appeared at Salisbury Magistrates' Court on Wednesday, 23rd February 2022.
He was sentenced at the same court on Thursday, 21st April 2022.
Sexual assault is an offence under section 3 of the Sexual Offences Act 2003. It has a maximum penalty of 10 years' custody on conviction on indictment, 6 months' custody and/or an unlimited fine on summary conviction.
We have previously discussed the legalities surrounding sexual assault. In general terms the offence is committed if one person intentionally touches another without their consent and the nature of the touching is sexual. This encompasses a very broad range of possible interactions, as this case serves to illustrate.
Magistrates heard that Mortimer and the woman were the only two passengers on a bus between Marden and Pewsey on Monday, 24th August 2020.
Mortimer recognised the woman as having previously attended his school and attempted to engage with her. She gave short answers to his questions and replaced her headphones in an effort to avoid conversation.
The court heard that Mortimer leant in towards the woman, placed one hand behind her head and kissed her on the forehead. In a slurred voice, he said: "Hit me up on Facebook, baby. I'm under Benjamin Justin James Mortimer."
The woman said she couldn't move because of the pressure Mortimer was exerting.
"When he leant in and kissed me I felt very scared," she said.
She added that she thought she had seen him with his hands in his trousers underneath his belt.
As Mortimer was getting off the bus he briefly spoke to the driver, turned towards the woman and said "love you".
Ryan Seneviratne, prosecuting, said that "the kiss on the forehead and saying 'love you' is sexual in nature", and that it was up to the Magistrates if the public place and time of day was an aggravating feature or not.
Trevor Line, mitigating, told the court that Mortimer's belt was broken, so he was trying to secure it before leaving the bus.
Describing it as "a strange case", Mr Line said: "It does not in my estimation fit the definition. We are all aware of the nature and examples of sexual assault cases.
"This is a quick kiss to the forehead, in relation to a person that the defendant knew since school. He was talking to her and decided to give her a peck - something that lasted a second or two probably at the most.
"He did not realise the seriousness of his behaviour and I think it would be fair to say he was surprised when he was charged."
Having considered the circumstances, the bench was of the view that the offence was serious enough to merit a community order.
Mortimer was sentenced to a 10 month community order with 6 months' alcohol treatment requirement.
He was also ordered to pay £200 towards prosecution costs and £95 surcharge.
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