In a highly debated Hampshire rape case, a judge delivered a sentence that caused public outcry as three boys found guilty of raping two girls in separate incidents were spared prison due to their intellectual impairments. The sentencing, which occurred last month, stirred controversy as the trio faced 10 counts of rape for assaults in 2024 and 2025 but were instead given youth rehabilitation orders, avoiding incarceration.
The case garnered national attention post-sentencing and was referred to the Court of Appeal for further review. Two of the boys, aged 14 during the incidents, were convicted of raping a 15-year-old girl in Fordingbridge in November and were also involved in the rape of a 14-year-old girl in January 2025. The third boy, aged 13 at the time, was found guilty of aiding and abetting in the assault.
Following a request by the BBC, a complete transcript of the judge’s sentencing remarks, including considerations of the boys’ neurological impairments, was made public. The sentencing of the boys, identified only as J, N, and E, took place on May 21 at the Southampton Crown Court.
Judge Nicholas Rowaland noted that the first offender, J, had ADHD and slight cognitive difficulties, which did not absolve his culpability. The second defendant, N, was described by experts as having an IQ in the bottom 1% for his age group, along with ADHD and extreme neurological impairments that hindered his ability for regular schooling. Judge Rowland stated that N’s understanding was significantly limited due to his impairments.
The youngest boy, E, was characterized as having very low intellectual capacity and a limited grasp of consent. Judge Rowland cited these factors in his decision not to detain the boys, emphasizing the importance of rehabilitation over custody for children as per sentencing guidelines.
Highlighting the importance of individualized sentencing focused on the child or young person rather than solely on the offense, Judge Rowland stressed rehabilitation as a priority where feasible. He pointed out that while the victims initially consented to some sexual activity, the subsequent withdrawal of consent invalidated any justification for the rape.
Moreover, the judge mentioned that the two main defendants, J and N, had already spent significant time in detention at a local authority facility or under curfew, a factor to consider in determining the necessity of an immediate custodial sentence.
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