A man caught masturbating in his car outside a primary school has been sentenced.
Benjamin Wheeler, 50, was twice spotted pleasuring himself by a mother as she walked past his car near Peter Gladwin Primary School in Drove Road, Portslade, on 11 and 12 March this year.
At the time, he was homeless and was living in his car.
Pictures of him being arrested wearing just a t shirt and pants were widely circulated on social media.
He was charged with two counts of outraging public decency, which he denied – but was found guilty following a trial at Brighton Magistrates Court in September.
After failing to turn up to his sentencing last month, a warrant was issued for his arrest, and he appeared at the same court in custody today.
Prosecuting, Adekunle Adeyemi said the mother had first spotted Wheeler in his car at 8.43am on Wednesday, 11 March and had clearly seen him masturbating.
She went into the school and spoke to a teacher who said she was going to deal with it. When she left the school, Wheeler was still in his car.
Mr Adeyemi said: “The next day at 8.40am the same witness told police she had seen the same vehicle parked on the same road, about five car lengths away from the primary school entrance, facing the school.
“When she walked past the defendant’s vehicle, she could the defendant’s underwear was around his thighs and he appears to be stroking his penis.
“Police officers arrived at 9.03am and found the vehicle parked in the same location. When they opened the car, they found the defendant with his underwear below his waistline.”
In a victim impact statement read out in court, the mother said she had first noticed Wheeler in his car near the school six weeks before the incident and had found him suspicious because he used a hi vis jacket to block the view into his car.
She said: “He began parking closer and closer to the school and then the jacket came down.
“Seeing him made me feel violated. HE could see all the children as they were walking to school. I was very scared for the welfare of the children.
“I now take my child to school a lot earlier so I can see exactly who is at the school, which is a lot more stressful but it makes me feel safer.”
Mr Adeyemi said Wheeler had two previous convictions for theft and harassment, dating from 2009.
Defending, Joe Harrington said the trial judge, deputy district judge Adrian Taylor, had said when convicting him that he had not found Wheeler had derived any sexual gratification from being seen, and nor was the location of the offending significant.
Mr Harrington said: “He has spent 35 days in custody – the equivalent of a 15 week custodial sentence.”
He said that he suffered from a delusional disorder, which explained why he had been given a hospital order for the harassment conviction.
He added: “The repeated denials [he made to probation about these offences after his conviction] – whether that’s because of his ill health or difficulty coming to terms with what he’s been convicted of, it’s hard to say.”
District judge Amanda Kelly said: “You are someone whose had some really significant challenges including mental health and the circumstances that led to you living out of your car. I take all of that into account.
“You continue to deny these offences, which is an unattractive feature because if someone doesn’t accept their sexual behaviour then it makes it very hard for other agencies to work with them to explore why they behave in that way.
“For a person to masturbate in a public place is always a serious offence. That sort of behaviour, even if it’s not intentional, can be very shocking to those who come across it and causes real distress.
“For this to take place outside or near a primary school is all the more serious.
“It violates their innocence and can cause psychological harm to them and damage their wellbeing.”
She said she was giving Wheeler a 12 month community order, partly because of Mr Turner’s findings and partly because if Wheeler offends again, it means he can be resentenced for these offences. She also made a 12 month probation order.
The prosecution had also requested she make a post-conviction sexual harm prevention order, including a clause preventing him from sleeping in any cars.
However, after examining the legislation, she ruled she could not make such an order because Wheeler was charged with outraging public decency, which is not an offence for which one can be made.
