The Vivienne: Drag Race star attack was homophobic - magistrates

The Vivienne won the first season of RuPaul's Drag Race UK in 2019

An attack on a Drag Race UK star has been found by a court to have been motivated by homophobia.

James Lee Williams, who performs as The Vivienne, was punched in the face at a McDonald's in Liverpool in June.

Alan Whitfield, 51, of Tom Mann Close, Everton, admitted assault by beating at a hearing earlier this year, but denied the attack was motivated by homophobia.

Liverpool Magistrates' Court ruled the attack was motivated "by hostility towards a perceived sexuality".

During proceedings, the court was shown CCTV footage of the altercation, which took place at the Edge Lane branch of the fast food restaurant.

It showed Whitfield turning around to Mr Williams, who won the first series of Drag Race UK, a number of times before punching him in the face and leaving the restaurant.

The court heard that Whitfield, a former scaffolder, had initially made a comment about Mr Williams' appearance.

He admitted comparing him to an Oompa Loompa - a character from Charlie and the Chocolate Factory - later adding "look at the state of that" and asking "who are you trying to impress?".

After a back and forth between the two, Mr Williams said he eventually retaliated by making a comment about Whitfield's skin. Whitfield then punched Mr Williams in the jaw and left the restaurant.

Both Mr Williams and Whitfield agreed that at no time homophobic slurs were used during the exchange, but the prosecution argued Mr Williams' "flamboyant" dress sense, including his hair and make-up, were the cause of Whitfield's hostility.

Thomas Quirk, prosecuting, said: "In reality Mr Whitfield, the spark that lit the fire was you presuming he was a homosexual male."

Whitfield, who cried during some of the evidence being read, claimed he had not noticed that Mr Williams was gay and was trying to have "banter".

Whitfield denied he was homophobic, adding: "I've got members of my family mate that will disrepute that."

Defending, Richard Derby said the attack was due to Whitfield, who has been diagnosed with skin cancer and has scarring from treatment as well as several moles, feeling upset and angry after the comments made about his appearance.

Whitfield told the court: "It was nothing to do with him being gay, I've got gays in me [sic] family."

'Hate crime has devastating consequences'

Describing the impact of the attack, Mr Williams said it took a number of days to realise the full extent.

Appearing from behind a screen separating him from the defendant, he told the court: "I moved away from home at 16 and have always been so confident and never let my surroundings dictate what I do with my life.

"The Saturday or Sunday after the attack I was at Chester train station travelling on my own, and I wasn't aware it was Chester races and there were a lot of people around getting lairy.

"It was the first time in my life I've ever shied away from any situation. I found myself hiding at the end of the platform away from the public because I was dealing with you know, what if this happens again?"

"I think that was the moment where it really sunk in how much this had affected me. As a 31-year-old man that's quite difficult to come to terms with."

Delivering the magistrates' verdict, Chair of the Bench Anthony Canning said that the defendant's evidence was "not credible".

He said: "Having considered this incident from beginning to end we believe beyond reasonable doubt that the hostility shown by yourself from the outset was motivated by the perceived homosexuality of the complainant and was homophobic in its nature."

Following the verdict, Senior District Crown Prosecutor Emily Lloyd said: "The finding that the offence was a hate crime enables the court to increase the sentence against Mr Whitfield to reflect this fact.

"We would not have been able to prosecute this offence without the courage of the victim making a statement and coming to court to give evidence.

"Hate crime has devastating consequences for individuals and affects the whole community. It targets an intrinsic part of who a person is. Tackling hate crime is a priority for the CPS and we are committed to bringing perpetrators to justice. Homophobia has no place in our society, and it will not be tolerated in any form."

Whitfield will be sentenced on 3 January 2024.