In a recent Hampshire court case involving the rape of two girls, a judge’s decision to spare three boys from jail due to their cognitive impairments has sparked public outcry. The sentencing, which occurred last month, saw the boys convicted of a total of 10 rape charges for incidents that took place in 2024 and 2025. Instead of imprisonment, they were given youth rehabilitation orders.
The case gained widespread attention, leading to a review by the Court of Appeal. Two of the boys, aged 14 at the time, were found guilty of raping a 15-year-old girl in Fordingbridge. They were also involved in the rape of another 14-year-old girl, with a third boy, aged 13 at the time, found guilty of aiding and abetting in the assault.
Following a request by the BBC, the full transcript of the judge’s sentencing remarks has been released to the public. The judge, Nicholas Rowaland, highlighted the boys’ neurological impairments during sentencing. Known as J, N, and E, the boys were sentenced in May at the Crown Court in Southampton.
Judge Rowaland noted that J had ADHD and slight cognitive difficulties, which did not diminish his responsibility. N, on the other hand, was described as having an IQ in the bottom 1% for his age group, along with severe neurological impairments that significantly affected his understanding. The youngest boy, E, was characterized by very low intellectual capacity and a limited grasp of consent.
The judge emphasized the importance of individualized sentencing focused on rehabilitation for young offenders. He pointed out that although the victims initially consented to some sexual activity, the use of a phone to record it led to withdrawal of consent, making the subsequent acts non-consensual.
J and N had already spent significant time in detention, a factor considered in the decision not to impose immediate custodial sentences. Judge Rowaland stressed that rehabilitation should be a priority for young offenders, in line with the guidelines advocating custody as a last resort.