Sentences of boys spared custody over rape referred to Court of Appeal

The family of a teenage rape victim whose attackers were spared custody has told the BBC they hope "the correct outcome will prevail" when the case is referred to the Court of Appeal.

Two girls, then aged 15 and 14, were raped in separate incidents in Fordingbridge, Hampshire, in November 2024 and January 2025, by two 14-year-olds. Another boy, then 13, was also convicted for his involvement in the second attack.

The sentences of the boys will be referred to the Court of Appeal, the prime minister, Sir Keir Starmer, has said, after he described the case as distressing and said "there are questions about the sentence".

The family of one of the victims told the BBC: "Our hope is that the initial sentence will be overturned and the correct punitive sentence handed out. We also hope that moving forward it serves as a message to judges, be sure the sentence fits the crime…. no excuses."

The teenagers were given youth rehabilitation orders and walked out of court with 10 rape convictions between them.

Asked about the case during a visit to East Sussex on Monday, the prime minister said: "I think it's a really distressing case. I think it's distressing for everybody to see, to hear about."

He praised the "courage" of the victims, but said he found the case "distressing as a politician" and "as a father".

Following the announcement, the victim's family said in a statement: "This is not just for our child, but for every other victim that has had to face such a heinous crime and our thoughts go out to them also at this time. Our message is not to let this deter other victims today or ever from coming forward.

"Hopefully, the correct outcome will prevail and this sends a message to any perpetrator. It's not OK and due justice will be served."

The attorney general, Lord Hermer, said: "There has understandably been a huge amount of public interest and concern at this horrific case.

"I directed my officials to work urgently to allow me to consider this decision swiftly, and to begin to bring closure to the victims and their families.

"It is clear to me from their powerful personal statements that these girls have displayed immense bravery in coming forward.

"There is an epidemic of violence against women and girls in this country, and this government will not hesitate in taking action to ensure all women and girls feel safe and have confidence in the justice system."

After the sentences were handed down, one of the victims told the BBC that the judge's decision to spare the boys jail sentences had been like a "rock straight in my face".

After headlining this year's Hay Festival, an arts and literary festival in Wales, Pelicot told BBC Breakfast she was "deeply shocked that these individuals were in fact able to gain their freedom again when, in fact, the victims are suffering so hard they will never be able to heal".

The boys, who cannot be named because they are children, had denied the charges but were found guilty in March after a trial at Southampton Crown Court.

Explaining his sentencing decision on Thursday, Judge Nicholas Rowland said: "I should avoid criminalising these children unnecessarily and understand the effects of their behaviour and support their reintegration into society."

The judge stressed the seriousness of the crimes and said the filming of the assaults made them even more serious.

He then emphasised their very young ages and said: "None of you need to go to prison today."

Two of the boys' mothers burst into tears as the sentence was read out.

The first girl was 15 when she was raped three times in an underpass by the River Avon in Fordingbridge.

The girl was pressured into having sex while being filmed and feared she might be thrown into a river if she did not comply with their wishes, prosecutors added.

The second girl was 14 when she met the boys at Fordingbridge Recreation Ground and was raped repeatedly in a nearby field.

A defendant pushed her down and used a knife to cut her clothing before forcing himself on her.

The boys filmed the attacks on their phones and shared some of the footage online.

The footage showed the second victim lying motionless on the ground with "her face buried in her hands", the prosecutor said.

The girls were "significantly outnumbered" and suffered prolonged ordeals, the court heard.

Judges never publicly comment on cases they oversee because to do so would potentially undermine the words they have used in court but they always have to show in court the reasons why they have sentenced a defendant the way they did.

Anyone can complain that a sentence is too short. That complaint goes to the attorney general - a cabinet minister and the government's top legal adviser.

The attorney general asks top prosecutors to advise whether it is in line with expectations, taking into account the discretion that judges have, or completely at odds with what would have happened in comparable cases.

If the attorney general concludes the sentence was out of line, he will refer it to the Court of Appeal where three senior judges will look at what happened in a public hearing and rule on whether the sentence was right or unduly lenient.