A judge presiding over a controversial Hampshire rape trial issued a sentence that sparked public outrage as three boys, convicted of raping two girls in separate incidents, were not sent to jail due to their cognitive impairments. The sentencing, which took place last month, drew national attention and prompted a review by the Court of Appeal. Two of the boys, aged 14 at the time, were found guilty of raping a 15-year-old girl in Fordingbridge and also participated in the rape of a 14-year-old girl in January 2025. The third boy, aged 13 during the incident, was convicted of rape by aiding and abetting the assault.
The complete transcript of the judge’s sentencing remarks has been disclosed following a request by the BBC for transcription. The judge mentioned the boys’ neurological issues during the sentencing, which took place on May 21 at the Crown Court in Southampton.
Judge Nicholas Rowaland noted that the first offender, identified as J, had ADHD and slight cognitive difficulties, which did not excuse his actions. The second defendant, known as N, was described by experts as having an IQ in the bottom 1% for his age group, along with severe neurological impairments that hindered his ability to receive standard education. Judge Rowland emphasized that N’s culpability was diminished due to his profound impairments, impacting his understanding of the situation significantly.
The youngest boy, E, was characterized as having very low intellectual capacity and a limited comprehension of consent. Judge Rowland highlighted these factors as reasons for not incarcerating the boys, citing rehabilitation as a priority over custody for minors based on sentencing guidelines.
The judge emphasized the need for individualized sentencing focused on the child or young person rather than solely on the offense committed. He pointed out that while both victims initially consented to some sexual activity, their subsequent withdrawal of consent after being filmed did not justify the rape. Additionally, J and N had already spent significant time in detention, a factor considered in determining the necessity of an immediate custodial sentence.
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