Gemma Wale from Birmingham is jailed for two weeks for breaching court order by having sex at a level of noise that annoyed a neighbour

A woman who breached a court order barring her from causing nuisance by making loud sex noises has been sent to jail.

Gemma Wale, of Small Heath in Birmingham, was given a two-week prison sentence after a civil court judge concluded that she had breached the order by screaming and shouting while having sex at a level of noise that annoyed a neighbour.

Detail has emerged in a written ruling by Judge Emma Kelly after a hearing in Birmingham county court. Kelly concluded that Wale had breached an antisocial behaviour order. She said Birmingham city council took legal action after a neighbour complained.

Kelly said the antisocial behaviour order had barred Wale from making loud sex noises and 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 Wale for each breach but said all terms would run concurrently.

Kelly said another judge had imposed an antisocial 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 Wale lived in a property owned by Birmingham council and said she had heard evidence from a council housing officer and one of Wale’s neighbours. Kelly said a neighbour had complained that at about 5am on 29 January that paragraph 3 of the order had been breached. “Gemma started screaming and shouting while 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 29 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).”