Gemma Wale who was jailed after breaching an ASBO for having noisy sex
A woman who breached a court order that barred her from making "loud sex noises" has been jailed.
Gemma Wale, of Small Heath, Birmingham, was given a two-week prison sentence after a civil court judge concluded that she had breached the order by “screaming and shouting whilst having sex” at a “level of noise” which annoyed a neighbour.
Detail has emerged in a written ruling by Judge Emma Kelly following a hearing in Birmingham County Court.
Judge Kelly concluded that Miss Wale had breached an anti-social behaviour order.
She said Birmingham City Council took legal action after a neighbour complained.
The judge did not give Miss Wale’s age in her ruling but said she had a boyfriend called Wayne.
Judge Kelly said the anti-social behaviour order had barred Miss Wale from making “loud sex noises”.
The order had also barred her from causing nuisance by playing loud music, shouting, swearing, making banging noises, stamping and slamming doors.
The judge concluded that she had also breached the order by arguing with her boyfriend, swearing at a neighbour, “banging around the house” and “running around in the property”.
She imposed separate two-week jail terms on Miss Wale for each breach but said all terms would run concurrently.
Judge Kelly said another judge had imposed an anti-social behaviour order in January.
She said she had analysed allegations that the order had been breached at a hearing in May.
The judge indicated that Miss Wale lived in a property owned by Birmingham City Counciland said she had heard evidence from a council housing officer and one of Miss Wale’s neighbours.
Judge Kelly said a neighbour had complained that at around 5am on January 29 “paragraph 3 of the order” had been breached.
“Gemma started screaming and shouting whilst having sex, which woke us up,” said the neighbour. “This lasted 10 minutes.”
The judge concluded: “I am satisfied that during the course of the early hours of 29th January 2015, at around 5am, the defendant was guilty of screaming and shouting whilst having sex at a level of noise which caused nuisance or annoyance to (a neighbour).”
Berrowside Road, Castle Bromwich, Birmingham, where Gemma Wale used to live
The flats in Berrowside Road, Castle Bromwich, Birmingham, where Gemma Wale used to live