DCSIMG

Teenage girl ‘kicked on floor of packed train’

A YOUNG woman was viciously assaulted in front of her girlfriend on a packed train after receiving a volley of homophobic abuse, a court heard.

April James, 19, of Carfax Close, kicked the 16-year-old victim as she lay on the floor in an unprovoked attack on October 15 last year.

Just moments before the attack, the victim was subjected to homophobic abuse by a group of girls who the prosecution claims was travelling with James.

A hearing at Hastings Magistrates Court last Friday heard the victim and her girlfriend, also aged 16, were heading to Bexhill on the train after attending the Hastings Bonfire celebrations.

The couple exchanged a kiss in front of fellow passengers before the victim took a swig from a bottle of spirits which was being passed around.

One member of the group said “careful, you might catch something” and the victim and her partner were called several offensive names.

Mark Kateley, prosecuting, said: “When the victim and her partner objected to the comments made, she was then assaulted by a group of females during which she was punched, had her hair pulled and at one point had her head banged against the door and ended up on the floor being kicked a number of times on the floor.

“The defendant admits making a kick to the head or shoulder.”

The couple and the girls got off the train at Bexhill station and the verbal insults continued, with one person telling the victim “this isn’t over yet”.

The two girls later identified James on social networking site Facebook as one of the attackers and went to the police.

Mr Kateley said: “We cannot show this defendant made homophobic comments, but the Crown’s case is she was included in part of that group who made homophobic comments to the victim.”

In a statement read out to the court, the victim said: “This incident made me feel ashamed of who I am and made me scared of going out and getting on a train.

“It made me scared of being with my girlfriend.”

She said the incident had put a strain on her relationship with her partner and left her concerned about reprisals from her attackers.

She added: “It has taken me a long time to be confident with my sexuality and this has knocked me back down.”

James, who has no previous convictions, pleaded guilty to assault by beating, but claimed a differing series of events.

Linda Kerry, defending, said: “Whilst Miss James accepts assaulting this young lady, she does not accept it happened in the way the Crown describes.”

Ms Kerry said the train was “packed” and James was not standing near the victim.

She said: “She was aware of something going on.

“There were two girls she knew on that train and she was aware of something being said after the victim and her girlfriend had been affectionate together.”

She said James saw some “pushing and shoving” but because of the crowds was not able to get to where the fracas was taking place.

Ms Kerry said four girls, including James, got off at Bexhill station and claims the assault involving James took place on the platform.

Ms Kerry said: “One of the other girls continued with the assault and it was at that point she (James) became involved and she accepts she did kick and her foot came into contact with either the victim’s head or shoulder.

“She then left the station.”

Ms Kerry added: “Miss James is adamant that is not her and that the incident happened on the platform.”

A mini trial, called a Newton Hearing, will take place in front of a judge after a dispute between the prosecution and defence over the facts of the incident.

The hearing will take place at Hastings Magistrates Court on April 23.

James was granted bail on condition she does not contact the victim or her partner.


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Monday 28 May 2012

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