Three Teenage Boys' Non-Custodial Rape Sentences Referred to Court of Appeal in July
The Court of Appeal is set to review the non-custodial sentences handed down to three teenage boys convicted of raping two girls. This decision follows a referral by Sir Keir Starmer under the unduly lenient sentencing scheme, prompted by public concern over the initial judgements at Southampton Crown Court.
The two 15-year-old defendants, involved in attacks in Fordingbridge, Hampshire, received youth rehabilitation orders. The judge's rationale cited a desire to "avoid criminalising these children unnecessarily," despite acknowledging the offences "crossed the custody threshold." A third boy, now 14, also received a youth rehabilitation order for his involvement in the second attack and an indecent images offence.
Attorney General Lord Hermer, in discussing the referral, underscored the "epidemic of violence against women and girls in this country," commending the victims' immense bravery. Senior judges will now consider the sentences during a two-day hearing commencing on 1 July.
Court transcripts revealed the complexities of the sentencing, including submissions regarding the boys' neurological impairments and their capacity to comprehend the impact on their victims. The court heard guidelines for youth offenders prioritise custody as a "last resort," considering the children's welfare and developmental age.
The victims, aged 14 and 15 at the time of the assaults, suffered repeated rapes, with some incidents filmed and shared on social media. One victim described enduring "flashbacks" and a persistent feeling of their attackers' hands. The perpetrators, who cannot be named due to their age, were convicted of rape and taking indecent images, despite only brief periods in youth detention prior to trial.
