A female Manchester City fan has been sentenced for drunkenly groping a male Everton supporter during a Premier League match.
Jemma Whiteside, 40, of Worsley, Greater Manchester, was convicted of sexual assault after a trial at South Sefton Magistrates' Court on Monday, 21st November 2022.
She was back at the same court for sentencing on Monday, 12th December 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, 12 months' custody and/or an unlimited fine on summary conviction.
According to the legislation, a person (A) is guilty of sexual assault if:
- (a) they intentionally touch another person (B);
- (b) the touching is sexual;
- (c) B does not consent to the touching;
- (d) A does not reasonably believe that B consents.
The assault took place when Everton were playing Manchester City at Goodison Park on Saturday, 26th February 2022.
During the trial, District Judge James Clarke heard that a drunken Whiteside approached the man from the rear, reached between his legs and cupped his testicles in the palm of her hand.
She then stood on a nearby step and rubbed her buttock on his shoulder, before walking away and exclaiming "I'm going to fuck him later".
Whiteside denied intentionally touching the man, but her account was rejected by the court.
She was sentenced to a 9-month community order, with the requirement that she completes 15 days' rehabilitation activity.
She was also fined £200 and ordered to pay £400 in compensation, £200 towards prosecution costs and £95 surcharge.
Senior Crown Prosecutor Mike O'Kane of CPS Mersey-Cheshire, said: "This man was subjected to an unprovoked and entirely unexpected sexual assault by Whiteside.
"The incident caused both upset and embarrassment to the victim. He further noted in his victim personal statement which was read at the sentencing hearing that 'it should not matter whether the assault was by a man or a woman, it should be treated the same'.
"The Crown Prosecution Service would echo that. Men do fall victim to sexual assaults and are entitled to protection under the law.
"The CPS works hard to fairly apply the law, irrespective of the gender of the suspect/victim, and to ensure that offending such as this is robustly prosecuted.
"The victim in this matter was forced to attend trial and give evidence as Whiteside refused to accept her culpability."
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