A SEX attacker who groped his weeping victim and made her fear she would be strangled has been spared an immediate jail sentence.

Constantin Palumbo followed his victim though the streets of Worcester in the dark, took her mobile phone so she could not call for help, touched her bottom and breasts and put his scarf around her neck as he tried to drag her into an alley.

The victim, who feared for her life, twice took refuge in the same petrol station as she tried to fend off advances from the 32-year-old of Henry Street, Barbourne, Worcester. Palumbo appeared at Worcester Crown Court yesterday to be sentenced for the sexual assault after previous delays while a legal aid application was processed, a task made more complicated because he does not speak English and requires an Italian interpreter.

The victim had been walking home after a night out in Worcester city centre socialising with friends, heading along The Tything in the direction of Ombersley Road in the early hours of February 10 this year.

She became aware of 'the shadow of someone very near to her' as she passed the Talbot in Barbourne Road and looked around to see the defendant looking back at her 'rather blankly'.

Edward Hetherington, prosecuting, said the defendant speeded up and put his hands on her buttocks over her clothing in 'a distinct cupping motion'.

Mr Hetherington said: "She made plain her displeasure and told him to 'pack it in'. She took her phone out of her pocket ready to call someone and, after he took it off her, he put it in his backpack."

The woman demanded the phone back and the defendant put his scarf around her neck and attempted to talk to her in a language she believed was Italian, telling her his name was 'Joseph'.

She said she needed the telephone so her family could contact her. Palumbo returned it.

Near the junction with Park Avenue he put his hoody around her 'in an imitation of a gentlemanly act'.

"As they walked towards the petrol station in Ombersley Road he used his scarf to try and pull her down an alleyway" said Mr Hetherington.

She entered the petrol station to seek refuge from Palumbo's advances and eventually left, hoping he would have gone. However, he reappeared and put his scarf and hoody around her.

He was described as 'frustrated' and kept saying '10 minutes' which she interpreted as him meaning he wanted sex with her. Palumbo assaulted her again, touching her breasts and buttocks over her clothing and attempted to touch her between the legs said Mr Hetherington. Palumbo maintains he did not attempt to touch her between the legs.

The victim tried to reason with him as she flagged down passing cars. At one point Palumbo clutched his chest and the victim asked if she should call him an ambulance. Palumbo was also described as pushing her against a wall.

The victim went back inside the petrol station and Palumbo followed her inside, putting his hood up. He remained inside while police were called at around 5.45am. A description of him was circulated and he was arrested nearby.

Mr Hetherington said: "She says he made her feel as if she was going to be attacked or even killed. She thought the scarf around her neck might be used to strangle her."

In interview Palumbo admitted the sexual assault, telling officers he had drunk a bottle of wine and two to three glasses of cider.

He said of his victim that he had wanted to 'know her better'.

"He said he had shamed himself, his partner and the woman he touched" Mr Hetherington told the court.

Richard Hull, defending, acknowledged it was a 'concerning offence'.

"He tells me he's not a particularly regular drinker but it's plain his inhibitions evaded him on this night" said Mr Hull.

Judge Nicholas Cole said: "She was entitled to feel safe walking home without being accosted by you. She told you to pack it in. That was the beginning of this offence.

"You had the opportunity at that stage to simply walk away, having committed already the offence of sexual assault and not to aggravate it by prolonging matters.

"She was becoming distressed and she was in tears, pushing you away at one time."

The judge said aggravating features included the prolonged nature of the assault and the location and timing of the offence - it was dark with few people around. However, he balanced this against the defendant's previous good character, early guilty plea and remorse.

The judge sentenced him to eight months in prison suspended for 18 months.

Palumbo must complete up to 30 rehabilitation activity requirement days and will continue an electronically monitored curfew between 11pm and 7am daily for the next four months. He is on the sex offender's register and the notification requirements apply for 10 years. Palumbo must also pay £425 costs.