Fordingbridge rape case: Judge 'wrong' to spare boys from custody

Fordingbridge rape case: Judge 'wrong' to spare boys from custody

This story involves sensitive material that some readers might find upsetting. Due to their ages, all children involved have been granted anonymity, with the perpetrators identified only as X, Y, and Z.

The case concerns two girls. The first, referred to as C1, was 15 years old when she was raped in November 2024 by X and Y at an underpass near a river in Fordingbridge. Prior to the assault, she had some consensual sexual contact with X. Portions of the attack were recorded on video. The second victim, C2, was 14 when in January 2025 she was raped by X and Y at a recreation ground in the same town. Like C1’s assault, the rape was preceded by consensual sexual activity, and parts of it were filmed by Z. At the time, X and Y were aged 14, and Z was 13. Together, they were convicted of ten counts of rape.

The sentencing in May at Southampton Crown Court provoked widespread backlash. Tom Little KC criticized the original judge’s decision, stating that he was “wrong to conclude that a community sentence could be justified for any of them.” He emphasized that a proper appraisal of the offenses would have led to “lengthy sentences of detention” for X and Y, and detention was also necessary for Z. The judge at the trial, Nicholas Rowland, handed down Youth Rehabilitation Orders (YROs) of three years for X and Y, involving 180 days of intensive supervision. Z received an 18-month YRO. Additionally, all three were subject to curfews for three months and issued with 10-year restraining orders barring any contact with the victims. Judge Rowland explained that he aimed to avoid “criminalising” the boys unnecessarily and that custody is supposed to be a “last resort.” He also took into account that X and Y had effectively served sentences equivalent to 17 and 18 months via pre-trial curfews.

During the appeal hearing, Lady Chief Justice Sue Carr strongly criticized the Crown Prosecution Service (CPS) for releasing a misleading statement that wrongly implied a knife had been used during the rapes. She noted that the sentencing judge had explicitly found no evidence of this. Tom Little KC, representing the attorney general, stated that while the judge attempted to apply sentencing guidelines, he misapplied them, resulting in sentences that were too lenient. Little also highlighted the judge’s insufficient consideration of the victims’ severe trauma and the extensive harm caused. Meanwhile, Ed Henry KC, representing Y, pointed out that inaccurate media coverage, stemming from the CPS’s flawed press release, had turned Y into a “pariah.” He acknowledged Y’s wrongdoing but argued that the public outcry had excessively compounded his punishment. Henry noted that sentencing children requires a unique approach and revealed that Y has significant intellectual challenges, including a very limited understanding of consent.

Clare Wade KC, representing X, defended the judge’s approach, asserting that the sentences “broadly provide the best opportunity for the child offenders to learn and develop” and deemed them the most effective way to protect women and girls by preventing future offenses. The appeal hearing took place before Lady Chief Justice Sue Carr, Lord Justice Edis, and Ms Justice Norton. The boys were instructed to attend Southampton Crown Court to watch the judges’ verdict via videolink. The proceedings are ongoing

Read the full article from The BBC here: Read More