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Attorney General challenges non-custodial sentences for teenage rapists
England's Attorney General Lord Hermer has referred the case of three boys convicted of raping two girls to the Court of Appeal, calling the original non-custodial sentences unduly lenient.
Case details and public outcry
Two girls, aged 15 and 14 at the time, were raped in separate incidents in Fordingbridge, Hampshire, in November 2024 and January 2025. The attackers-two 14-year-olds and a 13-year-old-were found guilty in March following a trial at Southampton Crown Court. The boys, whose identities are protected due to their age, had denied the charges.
Judge Nicholas Rowland imposed youth rehabilitation orders (YROs) instead of prison sentences, citing the boys' young age and the need to avoid "criminalising" them. He also praised their conduct during the trial. The decision sparked widespread criticism, with one victim telling the BBC the sentence felt like a "rock in my face."
Victim impact and legal process
The second victim, now 15, told BBC Newsnight she wanted to "be able to go on a walk without being scared," while her father described the attack as having a "lifelong impact" on his daughter. Lord Hermer said he reviewed the case urgently to prevent prolonged uncertainty for the victims, reading their statements and commending their bravery for participating in the trial and continuing to advocate for justice.
"What is more, when they got those sentences, to carry on campaigning to secure justice."
Lord Hermer, Attorney General
Unduly Lenient Sentence scheme
The Attorney General's referral falls under the Unduly Lenient Sentence (ULS) scheme, which allows the public to request a review of sentences they believe are too lenient. If the Attorney General and legal experts agree, the case is sent to the Court of Appeal, where three senior judges will reassess the sentence based on guidelines and case specifics.
Lord Hermer emphasised that courts routinely impose lengthy prison terms for sexual offences and stressed the government's commitment to ensuring the justice system works for victims. The Sentencing Council for England and Wales prioritises rehabilitation for children, using custody only as a last resort, even in serious cases.
Political and societal reactions
Former safeguarding minister Jess Phillips criticised sentencing guidelines for failing to address the "growing trend" of children sexually abusing other children. Citing the Southport Inquiry, she argued that the system focuses excessively on perpetrators' vulnerabilities while neglecting public safety.
"We focus too heavily on the perpetrator and their vulnerabilities, and don't think about the public safety element."
Jess Phillips, former safeguarding minister
Phillips also linked the rise in youth sexual violence to increased access to online pornography, calling it a factor unique to younger generations. Conservative leader Kemi Badenoch and Reform UK's Robert Jenrick condemned the original sentences, with Jenrick stating that "it can never be right that a young person kills someone or rapes someone and they do not go to jail."
Next steps
The Court of Appeal will now review the case, weighing the original sentencing rationale against the severity of the crimes and the impact on the victims. A decision is expected in the coming months.
