Woman gave 'non-verbal' consent, ex-councillor claims

A former Conservative councillor from Gloucester, accused of sexually assaulting a colleague, has told a court that her consent was all “non-verbal”.

Lee Hawthorne, 44, denies two charges of sexual assault, saying he “never thought for one second [that] she wasn’t consenting”.

Under cross-examination at Cirencester Courthouse, he said he had been the “provocative lead” in their relationship, and his accuser had been “submissive”.

He added: “It’s what we humans are made to do… some people like to take the lead, and some people are submissive.”

'She wasn't interested'

Mr Hawthorne told the court his alleged victim, whose identity has been protected, slapped his hand away twice when he touched her between her legs, but said it had followed him touching her in that way a dozen times before.

He said he had taken the first time she slapped him away to mean “she wasn’t interested there and then”, whilst he took the second time she slapped him away to mean “she wasn’t interested, and that was it”.

She had also sent a text message asking him to “stop what he was doing in the office”, which he said he did, until the signals began again, the court heard.

He told the court: “No means no, but it doesn’t mean no forever, and people can change their minds. In that moment she said no, and I stopped”.

At the start of the trial, the jury heard Hawthorne has a past criminal conviction for offences of 'upskirting' in 2021. He had secretly taken a video under a woman's clothing in an office and had also committed a similar voyeurism offence against a woman shopping in TK Maxx.

Hawthorne, of Filbert Close in Gloucester, served as a Gloucester city councillor for four years up until April 2020.

When asked if his alleged victim had ever sent explicit messages back to those Hawthorne had sent, he replied: “Unfortunately not.”

He told jurors that despite no spoken consent, there was “lots of eye contact, and it was all very, kind of, subtle".

He added: “It was that non-verbal interaction with body language; where someone chooses to position themselves, as well as eye contact suggesting a willingness to engage in something.”

'Embarrassment and shame'

Hawthorne was also questioned over why it had taken until Wednesday for him to say the alleged victim had once muttered “you’re a bad boy” when he touched her, rather than raise it during a police interview when he learned of the allegations.

He said he had not been able to recollect it at the time [of the interview], but had since remembered.

He was again asked about previous convictions for up-skirting, which he described as “very difference instances”.

He told the court: “I massively regret that behaviour which was abhorrent… all I feel is a lot of embarrassment and shame.”

The prosecution asked why he had told police that he had been in a relationship with the person involved, to which he replied: “I had told friends and family that I was innocent: I didn’t want to let them down and hoped I could get away with it.”

The jury retired to return its verdict.

Hawthorne denies both counts of sexual assault against him.

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