Schoolboys Cleared in Rochdale Rape Trial as 'Clapping' Footage Played in Court
Three teenage boys broke down in tears in court this week after being found not guilty of raping a 13-year-old girl in a case that involved harrowing mobile phone footage. The incident, which took place near a Morrisons supermarket in Rochdale in February 2024, saw jurors hear recordings where 'clapping' noises were audible and a voice told the girl to 's*** it'.
Details of the Alleged Incident and Trial Proceedings
The boys, who were aged 12, 13, and 14 at the time of the alleged offences, faced a fortnight-long trial at Manchester's Minshull Street Crown Court. Prosecutors stated that the girl was physically pushed and bent over forward during the encounter, with the boys then 'all swapped'. Kim Whittlestone, the prosecutor, argued it would have been obvious the girl did not consent, telling the jury, "It would have been clear that she was not consenting."
Mobile phone footage of the incident was played in court, revealing the 'clapping' sounds and the explicit command. This footage had been circulated among the boys and others, according to prosecutors. The court heard that the girl was not asked if she consented to being filmed, and a friend accompanying her intervened to halt what was happening, causing two of the boys to flee.
Defence Arguments and Jury Deliberations
All three boys denied the charges, claiming the encounter was consensual. Defence lawyers emphasised the youth of the defendants and the complexities of adolescent interactions. Rachel Shenton, representing the now 16-year-old, argued that consent is "more nuanced" than a simple verbal agreement, stating, "It starts with banter, and flirting, with someone walking into bushes. They are not middle aged people, these are adolescents."
Shenton suggested the girl had been untruthful and inconsistent, noting she flirted on the tram and did not shout or scream during the incident. She described the allegation as a "get out of jail free card" for a shameful encounter. Peter Gilmour, for the now 15-year-old, highlighted his client's inexperience, saying, "These are children. We must not judge children by the standards of adults." He questioned how the boy could have known the girl's lack of consent if she did not indicate it clearly.
Verdict and Courtroom Reactions
After 9 hours and 46 minutes of deliberations, the jury acquitted the now 16-year-old and 15-year-old of rape, and all three were cleared of two 'joint enterprise' counts. Tears and audible sighs of relief filled the courtroom as the verdicts were announced, with one voice heard saying, "Jesus." The third boy, now 14, had been deemed unfit to stand trial, but jurors were asked to determine if he committed the acts and encouraged others, resulting in his acquittal as well.
The case has sparked discussions about consent, adolescent behaviour, and the use of digital evidence in legal proceedings, underscoring the challenges in prosecuting such sensitive matters involving minors.
