A MAN has avoided going straight to prison for performing a sex act on himself at a Bournemouth supermarket.
Alexander Clarke was found guilty of committing the act which was a breach of a sexual risk order he was made subject to back in 2019.
He committed the lewd act at the Aldi store in Palmerston Road, Boscombe.
Clarke, 58 and of Richmond Park Close, Bournemouth, received a 12-month prison sentence, suspended for two years, from a judge at Bournemouth Crown Court on July 8.
Recorder Paul Garlick QC said: “Your conduct was disgraceful. Your conduct caused real distress to an opposite member of the sex.
“Indeed, it would cause immediate distress to anybody.”
Prosecutor Stuart Ellacott said the sexual risk order included, among its terms, that he must not perform a sex act on himself or expose himself in public.
The incident occurred in January last year at the store during the Covid lockdown.
The victim was standing alone at the checkout when she became aware of the defendant standing too close to her, in her opinion.
Initially she thought the defendant might have been eyeing her laptop which was in her bag, however, she noticed a short time later that he was performing a sex act on himself.
Mr Ellacott said the woman saw his hand moving under his clothing and at this point she alerted a member of staff.
The court was told the shop worker also witnessed what the defendant was doing and alerted security.
Clarke left the store and was seen getting into a vehicle registered to him. He was not arrested until June last year.
Mr Ellacott said the defendant went largely no comment in interview bar saying he did not do what he was being accused of.
Referencing a victim impact statement, the prosecutor said the victim “describes feeling insecure going out on her own, particularly at night if she sees a lone male”.
Clarke was found guilty following a trial at Poole Magistrates’ Court on June 6.
Lucie Taylor, mitigating, said Clarke, who often performs as a singer in the form of favours for close friends, had set up a landscaping business in the past two months, which he hopes to build up.
She said save for the incident in Aldi he lives a “productive and normal, for want of a better word, life”.
Ms Taylor asked the judge to impose a suspended sentence to give Clarke an opportunity to begin a “long road” of rehabilitation to address his problems.
Recorder Garlick QC said there was “no doubt” that the offence could only be marked with a custodial sentence but he had been “just persuaded” that the defendant did not need to immediately go behind bars.
The suspended sentence included 60 rehabilitation activity days and 200 hours of unpaid work. The offender was also handed a two-year restraining order.
Before allowing Clarke to leave the dock, the judge asked: “Do you understand the seriousness of the offence?”
The defendant replied: “I do.”
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