Hate crime assault in Liverpool has caused ‘ongoing trauma’, drag star The Vivienne tells court

A homophobic assault on drag star The Vivienne while he waited for food in a McDonald's has caused "stress, anguish and ongoing trauma".

The one-punch attack, by scaffolder Alan Whitfield, 51, on James Lee Williams, 31, who performs as the drag queen, was ruled a hate crime by Magistrates in December.

Mr Williams, who won the first series of RuPaul’s Drag Race UK and came third in Dancing On Ice, was targeted at the restaurant in Edge Lane on 16 June 2022.

He was subjected to a “barrage of abuse” from the defendant who then struck him to the left side of the face with a “heavy blow”.

His face was bruised and hurt for a week but Mr Williams said “luckily” he was a 6ft ex-rugby player who could take a punch, Liverpool Magistrates’ Court was told.

In a victim personal statement read to the court on Wednesday, Mr Williams said: “As a proud gay man, I have never hidden who I am or edited myself.

“It shames me to say at the age of 31, I am now a lot more conscious that I could be attacked at any moment simply for living my life.

“This has caused me stress, anguish and ongoing trauma.”

He added that he travels extensively and regularly comes into contact with strangers with the thought that “I hope this person loves gay people, which is a crazy question to ask in 2023”.

Whitfield, who pleaded guilty at an earlier hearing to assault by beating, claimed the attack was not prompted by his victim’s sexuality but because of a comment Mr Williams made about his skin.

He said he was unaware Mr Williams was wearing make-up or carrying a woman’s handbag at the time of the incident at 12.15pm.

Whitfield said his attention was drawn to him because of his dyed green hair and that he asked: “What have you come as, an Oompa Loompa?”

The court heard Whitfield went on to say: “Look at the state of you. You look a show. Who are you trying to impress?”

When Mr Williams responded “look at your face”, Whitfield told him he had skin cancer and became “enraged” when Mr Williams said: “Made up for you.”

Richard Derby, defending, said the assault was a “spur of the moment thing” which his client accepted he should not have done.

He said: “It was an incident out of anger. He has expressed remorse.”

Whitfield, of Tom Mann Close, Everton, said he has been fighting cancer for 15 years and still requires surgery on his face.

A pre-sentence report assessed Whitfield, who has previous convictions for harassment, affray and drug possession, as a “low risk” of reoffending.

District Judge Paul Healey told Whitfield the offence was a “serious matter” because of where and when it took place, the presence of others - including children - in an enclosed area and that it was motivated by hostility based on the sexuality of his victim.

Sentencing was adjourned until Friday 5 January to assess Whitfield’s suitability for a curfew order but Judge Healey stressed that all sentencing options, including immediate custody, remained open.

The court heard that Whitfield, who cares for his mother, was not eligible to perform unpaid work due to his health.