The 23-year-old mother-of-two was handed the sentence after a civil court judge ruled that she had breached an anti-social behaviour order (ASBO) by “screaming and shouting” during her early-morning love-making.
Judge Emma Kelly delivered a written ruling following a hearing at Birmingham County Court. She concluded that Wale, from Small Heath, had breached the conditions of an ASBO imposed after a neighbour complained to Birmingham City Council about her behaviour.
The judge said the ASBO had barred Wale from making “loud sex noises’, and ruled that she had also breached other aspects of the order by arguing with her boyfriend – named only as Wayne – swearing at a neighbour, “banging around the house” and “running around in the property”.
Wale was handed separate two-week jail terms for each breach, but the judge said all the terms should all run concurrently.
Judge Kelly revealed that a neighbour had complained about a breach of the order in at around 5am on January 29. “Gemma started screaming and shouting whilst having sex, which woke us up,” said the neighbour. “This lasted 10 minutes.”
Quoted in The Guardian, the judge concluded: “I am satisfied that during the course of the early hours of 29th January, 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).”
Wale was jailed on May 12, and has since been released.