A Nigerian man who sexually assaulted a young woman next to Bournemouth beach has been spared jail because of his ‘troubled background and difficult life’.
Ayomide Famakinde, 23, was given a community order by the judge who said the offence was a ‘momentary aberration’.
Famakinde had approached his 19-year-old victim late at night in the Dorset seaside town in August 2022, and put his hands down her jogging bottoms.
As the 19-year-old tried to fight him off, they fell to the ground.
Famakinde ignored her ‘shouts’ to stop and carried on until he was pulled off the victim by his friend. The two men then walked off together while the teenager was left in tears.
The victim told Bournemouth Crown Court Famakinde had ‘ruined her life’ and she ‘no longer feels safe walking alone’.
But a judge ruled the offence was a ‘momentary aberration’ and the defendant had a ‘very troubled background and difficult life’.
Famakinde, a gym instructor from south London, was given an 18-month community order and ordered to do 150 hours unpaid work, as it was deemed that a custodial sentence would be too severe.
The court heard Famakinde, of Thornton Heath, Croydon, had moved to Britain with his older sister from Nigeria as a child and he had been in the care system.
He has been granted indefinite leave to remain in Britain.
The victim and her friend had been socialising at the beach and were about to go home when Famakinde, who was said to be intoxicated through drink or drugs, approached them.
The victim felt an arm around her waist and first thought it was her friend, only to realise it was Famakinde.
Mike Mason, prosecuting, said: ‘Without warning, he put a hand on her waist and then his hand into the back of her jogging bottoms, while she tried to stop him.
‘They fell to the ground together and she said she was shouting at him to stop.
‘His friend managed to pull him off of her and the two men walked off together.’
The victim called the police straight away and other people at the scene identified Famakinde.
He was staying at a Bournemouth hotel that night and was arrested the following morning.
The court heard that DNA evidence linked him to the victim and he went on trial where he was found guilty of one count of sexual assault.
The victim impact statement, read out by Mr Mason, stated: ‘I didn’t see him coming and I certainly didn’t ask him to ruin my life.
‘He left me crying on the ground asking for help. When I think about what he did, it makes me feel sick to my stomach. I now am scared of walking alone on the street.’
Nick Robinson, defending, said his client was of previous good character and ‘remorseful’ to his victim.
He said: ‘He expresses remorse to the victim and is sorry for the impact it has had on her.
‘This was an aberration and since then he has gone from strength to strength.
‘He came over (to Britain) as a child with his older sister and things didn’t work out and he was in the care system.
‘He is a bright young man with clear potential who behaved manifestly out of character in an aberration that night.’
Addressing Famakinde, Recorder Nicholas Haggan KC said: ‘I accept evidence that you have matured significantly in the three-year period (since the offence) and not committed any further offences.
‘I’m satisfied it was a momentary aberration when you were intoxicated.
‘It is an offence I am, I hope confident will not be repeated.
‘Taking into account your very troubled background and the difficult life you have had I’m confident you would benefit from a community based order.’
