Two 15-year-old boys who were initially spared custody for the rape of two girls in Fordingbridge have been sentenced to four years' detention after the Court of Appeal ruled their original sentences were "unduly lenient." The boys, referred to as X and Y, along with a 14-year-old known as Z, were given non-custodial sentences in May for a combined 10 counts of rape and seven indecent image offences. The attacks occurred separately in the Hampshire town in November 2024 and January 2025.
Details of the Offences and Initial Sentencing
The two older boys were involved in both attacks, while the 14-year-old encouraged the rape of the second victim. At Southampton Crown Court in May, Judge Nicholas Rowland imposed non-custodial sentences, stating he should "avoid criminalising these children unnecessarily" and that detention was a "last resort." However, the Attorney General referred the sentences to the Court of Appeal as "unduly lenient" days later.
At the original sentencing, Judge Rowland acknowledged that the offences "crossed the custody threshold" and posed a "high risk of serious harm" to young females. He cited the boys' backgrounds: X had been diagnosed with ADHD and "long-standing anxiety," while Y had an IQ in the bottom 1%, ADHD with "extreme neurodevelopmental impairment," and presented "more like an eight-year-old." X received a three-year youth rehabilitation order (YRO) with 180 days of intensive supervision and surveillance for raping and taking indecent images of both victims. Y received the same sentence for three charges of rape against each victim and four counts of taking indecent images by filming the incidents. Z was given an 18-month YRO for two charges of rape related to the latter victim and an indecent image offence.
Court of Appeal Ruling
At a hearing on Wednesday, lawyers for the Attorney General argued that detention was the "only appropriate sentence," while barristers for the boys maintained the sentences were correct and focused on rehabilitation. On Thursday, the Lady Chief Justice Baroness Carr, Lord Justice Edis, and Ms Justice Norton sentenced X and Y to four years' detention, leaving Z's sentence unchanged.
Reading a summary of the judgment to X and Y via video link from Southampton Crown Court, Baroness Carr said: "We have decided that we do need to change your sentences and both of you do need to go into detention." She continued: "We have made this decision because we think that what you both did was so bad that we have no other choice." Baroness Carr added: "Even though you will not be in detention for the whole of the four-year sentence, we know that it will still be a long time for you to be away from your home and families. But what you both did was so bad that we decided that we had no other choice than to make these sentences."
Addressing Z, she said: "We have decided that because you were very young and find some things really very difficult to understand, and because you were only involved on one occasion, we do not need to change your sentence." The judge also noted that while Judge Rowland faced a "difficult sentencing exercise," a custodial sentence for X and Y was "unavoidable."
Impact on Victims and Families
The families of the girls expressed relief and gratitude after the sentence increase. One family said: "We believe this was the correct decision, and we are thankful that our voices were heard throughout this process. While nothing can undo our family's anguish, this outcome brings a greater sense of justice and accountability."
In the Court of Appeal's 52-page full judgment, Baroness Carr stated that statements from the two girls "spoke of enduring distress and despair," but Judge Rowland "did not explain why he found that this material did not prove severe psychological harm." She added: "It appears that he may have placed substantial weight on his own impressions formed during the trial. He was entitled to take that into account, but great care is required before allowing that impression to lead to the rejection of evidence of the kind we have described." The senior judge emphasised that the girls' rapes are "very likely to have long-term and profound consequences, not all of which are immediately apparent."
Criticism of Original Sentencing
Baroness Carr found that Judge Rowland "undervalued the seriousness of their offending and the serious harm caused by it to the complainants." She said: "The involvement in the two incidents taken together was such that an immediate and substantial period of detention was required." The judge also criticised the original judge for failing to explain "how, if at all, he was reflecting the fact that both X and Y had been involved in two incidents involving different victims, each of whom was raped more than once by different people." She noted that Judge Rowland found peer pressure was involved, "although he did not identify any substantial evidence to support that view." Baroness Carr concluded: "The principal offenders, X and Y, do not appear to have required much encouragement and, anyway, simply repeated their behaviour after the first incident rather than learning from it or gaining any insight." She stated that if they were adults, they would have received sentences "substantially in excess of 10 years."
The three judges also extended X and Y's restraining orders, preventing them from contacting either victim, from 10 years to an indefinite order. Baroness Carr also noted "misinformed and inappropriate commentary" on the case, having previously criticised the Crown Prosecution Service over inaccuracies in a press release issued when the boys were first sentenced in May, which were not corrected for several days.
Appeals and Government Response
The boys are pursuing appeals against their convictions, which Baroness Carr said will be decided separately. Following the decision, Attorney General Lord Hermer said: "Rape is a horrifying crime, and one that our justice system should and will punish severely. I welcome the Court of Appeal's decision to increase the sentences of the two boys, resulting in their detention. No-one should have to endure what the victims went through, and I commend their bravery in coming forward and campaigning for justice. This Government will continue to do everything it can to tackle violence against women and girls."
