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Judge delivers non-custodial sentences for teenage rapists
A Hampshire judge spared three boys convicted of multiple rapes from youth custody last month, sparking public outrage and a referral to the Court of Appeal. The decision hinged on detailed evidence of the offenders' profound intellectual disabilities and prospects for rehabilitation.
Crimes and convictions
The boys, aged 13 to 14 at the time, were found guilty of 10 counts of rape involving two girls in separate attacks in Fordingbridge during 2024 and 2025. The first incident occurred in November 2024, when two 14-year-olds raped a 15-year-old girl. Two months later, the same pair, joined by a 13-year-old accomplice, raped a 14-year-old girl in a second attack.
Neurological and cognitive assessments
Sentencing remarks released after a BBC request revealed the judge's complex balancing act. Two of the boys were diagnosed with severe cognitive impairments. One, identified as N, had an IQ in the lowest 1% for his age, alongside ADHD and extreme neurological deficits. His mother described him as functioning at the level of an eight-year-old. The youngest offender, E, was assessed with "very low intellectual capacity" and a limited grasp of consent.
Judge Nicholas Rowland acknowledged that while the first boy, J, had ADHD and mild cognitive difficulties, his culpability remained intact. However, he concluded that N's profound impairments significantly reduced his understanding of the crimes. "His comprehension of events must have been far more limited than a typical 14-year-old," the judge stated.
Rehabilitation over custody
Citing sentencing guidelines for children, which prioritize rehabilitation and treat custody as a last resort, Judge Rowland imposed Youth Rehabilitation Orders (YROs). The two older boys received three-year orders with 180 days of intensive supervision, while the youngest was given an 18-month order. The judge emphasized an "individualistic" approach, focusing on the offenders' needs rather than the severity of the crimes.
An expert from the Youth Justice Service testified that incarcerating one boy would be harmful given his complex impairments. The judge also noted that the two older defendants had already served the equivalent of 16-18 months in detention or under curfew, a factor in his decision to avoid immediate custody.
Victims' experiences and aggravating factors
The judge's remarks clarified that while the victims initially consented to some sexual activity, their consent was later withdrawn-particularly after the boys filmed the assaults. Though the judge found no evidence of violence or exploitation, he highlighted the aggravating factors of group offending and the use of a phone to record the crimes. "Initial consent does not negate the rapes," he asserted.
Public reaction and legal review
The sentences triggered widespread criticism, prompting a review and referral to the Court of Appeal. The judge's two-phase sentencing process-first addressing the boys in simple language, then providing detailed legal reasoning for the record-underscored the case's complexity. He stressed that the Fordingbridge attacks were "very different" from other youth sexual offenses, warranting a tailored response.
"For a child or young person, the sentence should focus on rehabilitation where possible."
Judge Nicholas Rowland
