"This is a strange case," said the solicitor defending a man for sexual assault, after an unwanted kiss on the forehead led to a court case.

Benjamin Justin James Mortimer, 25, was travelling on a bus in Wiltshire when he saw a woman he recognised who had attended the same school.

The woman, who cannot be named for legal reasons, stated that Mortimer moved towards her, put his right hand on either the window or the seat, his left hand behind her head, and kissed her on the forehead.

She said in her statement that she "couldn't move" because of the "pressure" he exerted.

Read more: Benjamin Mortimer guilty of sexual assault

She added that Mortimer, in a "slurred voice", went on to say to her: "Hit me up on Facebook, baby. I'm under Benjamin Justin James Mortimer."

"When he leant in and kissed me I felt very scared," she said.

The woman said she struggles with PTSD, and when her step mum later hugged her she jumped at the movement.

Yesterday (Thursday April 21), Salisbury Magistrates Court heard that the events occurred on a bus between Marden and Pewsey on August 24, 2020.

They were the only two passengers on the bus. The victim said that Mortimer made some efforts to speak to her about attending the same school, and she gave short replies, before putting her headphones in her ears.

According to the victim, as the bus was travelling towards its destination, she thought she saw him with his hands in his belt, and fingers towards his crotch. 

But defending Mortimer, solicitor Trevor Line said he had his hands down his trousers because his belt was broken and he was trying to tie it together to get off the bus.

Following the kiss, the victim said Mortimer said something to the bus driver, and then said "love you" to the woman before getting off the bus.

Prosecutor Ryan Seneviratne said that "the kiss on the forehead and saying love you is sexual in nature", and that it was up to the magistrates if the public place and time of day was an aggravating feature or not.

Defence solicitor Mr Line described it as a "strange case" and added: "It does not in my estimation fit the definition. We are all aware of the nature and examples of sexual assault cases.

"This is a quick kiss to the forehead, in relation to a person that the defendant knew since school. He was talking to her and decided to give her a peck - something that lasted a second or two probably at the most."

"He did not realise the seriousness of his behaviour and I think it would be fair to say he was surprised when he was charged," Mr Line said.

Originally pleading not guilty, Mortimer saw the CCTV footage from the bus on the day of his trial on February 23, and made the decision to change his plea to guilty.

"Up to that point, it was arguable what had happened," Mr Line said.

In discussion, the magistrates felt that the "catalyst" appeared to have been alcohol.

There was discussion on how to classify the incident according to existing sexual assault categories, and debates as to whether the victim's vulnerability was a factor (a vulnerability that was "not apparent", according to Mr Line).

Concluding the case, the chair of the magistrates said that the case "falls between two category levels", and that they considered the case in "great detail" before reaching their verdict.

"You must remember that however you feel, there was a victim at the end of it who felt scared," she said.

Mortimer, formerly of Westwood Road in Salisbury but now no fixed abode, was sentenced to a 10 month community order, to include a six month alcohol treatment requirement order, along with fines amounting to £295.

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