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Boys convicted of rape get non-custodial sentences as judge says they should not be criminalised unnecessarily

The Guardian
The Guardian

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Boys convicted of rape get non-custodial sentences as judge says they should not be criminalised unnecessarily

Boys physically overpowered and then filmed attacks on teenage victims in separate incidents in HampshireThree teenage boys convicted of knife-point rape and other serious sexual offences against two teenage girls in Hampshire have not been given custodial sentences because the judge said he “should avoid criminalising these children unnecessarily”.The boys, who were aged between 13 and 14 at the time of their offences, physically overpowered and sexually assaulted the girls, wh

The judge, sitting at Southampton crown court, stressed that the boys’ crimes were serious but said he hoped they could be reintegrated into society.

Photograph: Britpix/Alamy The judge, sitting at Southampton crown court, stressed that the boys’ crimes were serious but said he hoped they could be reintegrated into society.

Photograph: Britpix/Alamy Boys convicted of rape get non-custodial sentences as judge says they should not be criminalised unnecessarily Boys physically overpowered and then filmed attacks on teenage victims in separate incidents in Hampshire Three teenage boys convicted of knife-point rape and other serious sexual offences against two teenage girls in Hampshire have not been given custodial sentences because the judge said he “should avoid criminalising these children unnecessarily”.

The boys, who were aged between 13 and 14 at the time of their offences, physically overpowered and sexually assaulted the girls, who were aged 14 and 15, in separate incidents two months apart.

The boys, who cannot be named for legal reasons, were sentenced to youth rehabilitation orders ranging between 18 months and three years for their roles in the attacks, which prosecutors said were “brazenly filmed” on mobile phones.

One 15-year-old boy was convicted of three charges of rape against the two victims, who did not know each other, and four counts of taking indecent images. He will be subject to 180 days of intensive supervision and surveillance.

The court heard he had an IQ of the “bottom 1% of his contemporaries” and had been diagnosed with ADHD. Another of the rapists, also 15, was also diagnosed with ADHD as well as “longstanding anxiety”, while the third defendant, now 14, was described as having a “mild cognitive impairment”.

Judge Nicholas Rowland told them: “None of you need to go to prison today.” Explaining his sentence, he said he wanted to support the boys’ reintegration into society, adding: “I should avoid criminalising these children unnecessarily.” He stressed the “seriousness” of the boys’ crimes and said their filming of the attacks made them even “more serious”.

He added that he needed to remember the boys were “very young”, had low intelligence, a “limited understanding of consent”, and “peer pressure played a large part in what went on”.

“I think of you as very young and none of you have been in any big trouble before,” he said. “You have all done very well with the restrictions put in place throughout the trial.” Southampton crown court was told that in January 2025, the 14-year-old girl had been threatened with a knife after becoming separated from her friends.

Forced to leave her mobile phone and AirTag in a shop so her movements could not be tracked, she was made to walk to a secluded field, where she was raped by two of the defendants as they filmed the incident.

After she reported the assault to the police, an investigation identified that a second victim, aged 15, had been raped in November 2024 by two of the same defendants.

She had travelled alone to meet one of the boys for what she thought would be their first date after chatting to him on Snapchat.

The victim was then raped by two of the boys in an underpass by the River Avon in Fordingbridge and a video of her 90-minute ordeal was shared on social media, resulting in her receiving abusive messages, prosecutors said.

The victim of the first incident came to the court for the sentencing hearing and, screened from the view of the boys, described how her mental health had deteriorated since the incident.

She said: “I will never get that innocence back again.” She read aloud a poem she had written, saying: “All I want to do is die, I no longer have fear for when that comes.” A statement read on behalf of the second victim revealed she struggles to go to school now and suffers from nightmares and sleeplessness. “I feel ashamed, insecure and uncomfortable in my own body,” she said. “The person I was before the incident has completely gone.” The judge praised the bravery of the two girls for providing their statements and giving evidence.

Siobhan Blake, who leads the Crown Prosecution Service’s Rape and Serious Sexual Offences unit (RASSO), said the incident was “deeply distressing” and was part of a trend.

“Our prosecutors tell us they are seeing youth-on-youth cases with some involving more serious and more violent behaviour.

“It is vital young people are educated and informed about consent and that harmful and misogynistic attitudes are tackled as early as possible to prevent these crimes. Everyone has a part to play.

“Young people must understand that sexual activity without consent is a serious criminal offence that can lead to them being prosecuted.” Rebecca Hitchen, spokesperson at the End Violence Against Women Coalition (EVAW), said: “We are hearing that young men are perpetrating more and more sexually violent crimes, and this case is a horrific example of this.

“We must question what young men are being taught and exposed to that results in them planning and executing such appalling violence as a group, particularly given the additional harm and degradation caused by the assaults being filmed.” She said sexual violence devastates victims’ lives, and its effects ripple out across their communities, “creating a source of heightened fear for women and girls trying to go about their daily lives”.

“While we do not know the online environments these boys were exposed to, online misogyny is so pervasive that few young people will escape its reach. Questions must be asked about the extent to which misogynistic content online has contributed to the extreme harm they have committed. While perpetrators must be held accountable, we must also ensure that tech platforms are put under scrutiny for their role in such harm,” she added.

All three boys have been made subject to a 10-year restraining order against their victims.

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