A Nigerian man who sexually assaulted a teenage woman next to Bournemouth beach has avoided jail after a judge ruled the attack was a “momentary aberration” and cited his “troubled background and difficult life” in the UK care system.
Ayomide Famakinde, 23, was handed an 18-month community order and 150 hours of unpaid work at Bournemouth Crown Court for the assault on the 19-year-old victim in August 2022, despite her telling the court he had “ruined her life” and left her too scared to walk alone.
The gym instructor from Thornton Heath, Croydon, approached his victim late at night near Pier Approach in the Dorset seaside town and put his hands down her jogging bottoms whilst she desperately tried to fight him off. The pair fell to the ground as she shouted for him to stop, but Famakinde continued the assault until his friend eventually pulled him away.
I didn’t see him coming and I certainly didn’t ask him to ruin my life,” the victim said in her impact statement. “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.”
Prosecutor Mike Mason told the court the victim and her friend had been socialising at the beach and were about to go home when Famakinde, who was intoxicated through drink or drugs, approached them without warning.
“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,” Mr Mason said. “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 immediately called police and witnesses at the scene identified Famakinde, who was staying at a Bournemouth hotel that night. He was arrested the following morning, with DNA evidence linking him to the assault. Despite this evidence, he went to trial where he was found guilty of one count of sexual assault.
Recorder Nicholas Haggan KC, passing sentence, acknowledged the serious impact on the victim but decided against a custodial sentence, telling Famakinde: “I accept evidence that you have matured significantly in the three-year period since the offence and not committed any further offences.”
The judge added: “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.”
Defence barrister Nick Robinson said his client had come to Britain as a child with his older sister from Nigeria but “things didn’t work out and he was in the care system.” He described Famakinde as “a bright young man with clear potential who behaved manifestly out of character.”
“He expresses remorse to the victim and is sorry for the impact it has had on her,” Robinson told the court. “This was an aberration and since then he has gone from strength to strength.”
The court heard Famakinde was of previous good character and has been granted indefinite leave to remain in Britain. The sentencing decision means he will serve his community order whilst remaining in the UK.
Sexual assault carries a maximum sentence of 10 years’ custody under UK law, with sentencing guidelines indicating a range from community orders to seven years’ imprisonment depending on the severity of the offence. The Sentencing Council guidelines state that where there is “a sufficient prospect of rehabilitation,” a community order can be considered as an alternative to custody.
The case has highlighted ongoing debates about sentencing for sexual offences, particularly where defendants claim difficult backgrounds. Critics argue such considerations should not outweigh the serious impact on victims, who often suffer long-lasting psychological effects from sexual assaults.
The victim’s statement emphasised how the attack has fundamentally changed her life, leaving her unable to feel safe in public spaces. Despite Famakinde’s claims of remorse, she must now live with the ongoing trauma whilst he serves his sentence in the community.
Famakinde will be required to complete 150 hours of unpaid work as part of his 18-month community order. He will also be placed on the Sex Offenders Register, where the length of time depends on the final sentence imposed.
The case comes as UK courts continue to grapple with appropriate sentencing for sexual offences, balancing rehabilitation prospects against the need for justice and public protection.
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