A BMW salesman has lost his job after he groped a woman in a Swindon club.
Jay Atkinson accepted grabbing the victim’s breast in The Bank, but denied it was a sexual act. However, he was later found guilty at a trial in November.
At Swindon Magistrates’ Court on Monday (18 December), prosecutor Keith Ballinger said the woman had been enjoying a night out in the club with her friends in early 2022.
As she walked from the smoking area back into the building, the 25-year-old defendant pulled her towards him and and groped her right breast “quite hard”.
Mr Ballinger said that the victim pushed Atkinson and said words to the effect of: “You never touch a woman like that”, and then walked away.
When the woman returned home, she was upset about the incident. The following day she remained upset, and reported the matter to the police.
CCTV footage was obtained from The Bank and showed the defendant committing the offence – but he denied it, stating that although he was too intoxicated to remember himself carrying out the act, the touching would not have been sexual.
In a victim person statement, the woman said she had to take time off work and struggles to be intimate with her partner. She also said that the attack has affected her mental health and she has been come a very angry person with regular mood swings.
Emilene Davis, defending, said that her client “does not believe he intended to do this sexually”.
“He is not this person and he is deeply ashamed of what he’s done”, she added.
Ms Davis said that Atkinson lost his job as a sales executive for Dick Lovett BMW as a result of the case.
She suggested that the “label and the stigma” that comes with a conviction for sexual assault is “punitive enough”, asking that the magistrates don’t imposed a custodial sentence.
The defendant, of Oakham Close, Toothill, handed an 18-month community order with 30 rehabilitation activity days and 100 hours of unpaid work.
He was also ordered to register as a sex offender for five years and pay £715 costs.
