A Muslim man from Rotherham who pleaded guilty to sexually assaulting a teenager on a train has escaped a jail sentence thanks to “previous good character”, despite the judge saying that the offence merited a custodial sentence.

The defendant, Raja Hussain, attempted to excuse his actions by explaining that he was suffering from poor mental health, including depression with psychotic features, hallucinations and delusional beliefs at the time of the assault, the Express has reported.

Hussain, 39, was arrested in Rotherham 24 hours after following an 18 year old University of Sheffield student, onto a train and touching her. The teenager first spotted Hussain grinning at her in a train station waiting room. The two then boarded a train, where Hussain sat opposite her and continued leering.

The passengers were then asked to change trains due to a problem, and when they moved to the second train, he sat down beside her. He immediately began to look at pornography on his phone in a manner designed to ensure the student could see the images, an action which was described as “intimidating”.

Catherine Duffy, prosecuting, said Miss Duffy said: “The defendant was looking at pictures of naked women on his mobile phone. He moved closer to the complainant and began to take off his jacket. As he did so he touched her.”

The terrified girl attempted to move away, but as she did so he maintained contact and proceeded to touch her leg whilst smiling at her. She attempted to deflect his attention by pretending to text her boyfriend, in fact sending several messages to her mother, including one that read “I think this man is trying to stalk me. I actually feel sick”.

Hussain eventually left the train. After the doors had closed the student was quick-minded enough to covertly snap a photo of him through the window, which she handed over to British Transport Police once she reached her destination. Police were able to use the photo to make an appeal, and Hussain was apprehended within 24 hours.

The girl has been left too traumatised by her ordeal to use the rail network since the event, which took place last October.

Judge Paul Watson QC, ruling on the case said “She is to be commended for the fact that she stuck to her guns and brought this to the attention of the authorities.

“People who randomly sexually assault members of the public must expect custodial sentences. What makes it serious is the element of fear this causes others.

“She was brave enough and alert enough to report him and give the police information which eventually led to his arrest and eventual plea of guilty.”

Hussain was sentenced to an eight month jail term, but it was suspended thanks to “good character”. That means that, if he complies with a number of measures, he will escape jail altogether. He was also handed an Antisocial Behaviour Order (ASBO) preventing him from using trains for the next three years.

The incident took place in Rotherham, the scene of the recent child abuse and rape scandal wherein Pakistani rape gangs groomed and raped over 1400 children. Breitbart London understands that police have dozens of files open on rape gangs in the area.