Two teenage boys who were initially spared custody for rape have now been sentenced to four years in detention following a review by the Court of Appeal. Identified as X and Y, the 15-year-olds had previously received youth rehabilitation orders and supervision for sexually assaulting two girls in separate incidents in Fordingbridge, Hampshire. Another 14-year-old boy, known as Z, was also placed on a youth rehabilitation order for his involvement in one of the assaults and for an indecent image offense. The boys had shared videos of the attacks on social media.
The Court of Appeal, led by Lady Chief Justice Baroness Carr, made the decision to incarcerate X and Y after the case was referred by the Attorney General under the Unduly Lenient Sentence scheme. Baroness Carr addressed the boys directly during the judgment, stating that their actions were severe and necessitated detention due to the harm caused to the victims. She emphasized the gravity of filming the assaults and the impact on the girls’ lives.
In contrast, the third boy, Z, was not subjected to a sentence adjustment due to his younger age and lack of physical contact with the victims. The judges felt that the severity of the crimes, coupled with the emotional trauma inflicted on the victims, warranted the revised sentences for X and Y. Previously, Judge Nicholas Rowland had opted for youth rehabilitation orders to avoid unnecessary criminalization, but this decision was overturned by the Court of Appeal.
Overall, the judges believed that the original sentencing had not fully considered the victims’ vulnerability and the psychological effects of the offenses. The boys’ multiple offenses and the extensive harm caused to the victims were key factors in the decision to impose detention. The legal representatives for the boys argued during the appeal that the initial sentences were appropriate, but the Court of Appeal upheld the revised four-year detention for X and Y.
