A Birmingham man who sexually assaulted a sleeping woman on a sofa has been handed a suspended jail sentence. Alexander Bird, now 32, was convicted of assault by penetration following an incident in May 2021, and was sentenced at Birmingham Crown Court on Tuesday, September 29.
The court heard Bird had been on a night out before heading back to a friend's house, where the woman had fallen asleep under a blanket next to him. She was awoken to find the then 26-year-old assaulting her.
Victim describes lasting trauma
In a victim impact statement read to the court, the woman described suffering sleepless nights, flashbacks and panic attacks while walking down the street since the incident. She told the court it became "one of the worst nights of my life."
She said: "I would have sleepless nights thinking about that night and the case, worrying what people would think about me or say. I had times where I felt completely cut off from the world and wanted it all to end. Even still when my partner will touch me, I have flashbacks of that night, freeze and become emotionless and numb."
The assault also affected her work, with the victim describing "full blown wailing" at her workplace, and other times she couldn't go in as she was thinking about that night or the case. She described her struggles as a "vicious circle of helplessness, numbness and depression."
Court hears details of the incident
Prosecuting, Lynette McClement said: "The defendant joined later in the evening and appeared to be intoxicated. They went to an address where they continued to drink and socialise in the garden. Feeling the effects of the drink, [the victim] went and laid down on the sofa. She was joined by others including the defendant. He sat down next to her and she placed her legs over his. She placed a blanket over herself and fell asleep."
She then awoke to the assault, with Bird stopping when someone walked into the room. He claimed "she had initiated it", the court heard.
Defence cites good character
Kathryn Pitters, defending, said: "He was 26-years-old at the time when this was committed. He is now 32. He is a man of good character, not merely in the sense that he has no previous convictions, but in the full and perhaps more meaningful sense. He is a person who, up until the offence, was of positive good character."
The court heard numerous character references provided "a picture of Mr Bird as someone who is hard working and conscientious, a man who has overcome significant challenges." "This offending was, for him, entirely out of character," Mrs Pitters added.
Judge imposes suspended sentence
Sentencing, Recorder Hegarty said: "While you may have had some longing for her, this was never more than a friendship with occasional flirtation. As far as she was concerned she was perfectly safe. She was tired and drifted off. Then you took the opportunity under the influence of drink."
"The jury was sure she didn't consent and that you had no reasonable belief in her consent. The offence is aggravated by the influence of alcohol and the way that impacted on your behaviour towards her. The mitigation is substantial, no previous convictions and no subsequent offending. The positive aspects of your character stand you in good stead."
He said he was satisfied Bird was not a dangerous offender, but that the offence was "so serious", neither a fine or community order was enough. Bird, of The Crest, Birmingham, was given an 18 month jail sentence - suspended for three years. Opting to suspend the term, the judge remarked that he had "behaved lawfully, if not impeccably" before that night.
As well as the suspended sentence, Bird will have to complete 25 rehabilitation activity requirement days. He will also be subject to a notification order for the next ten years.
