The recent case of three boys avoiding prison sentences for their involvement in the rape of two schoolgirls has sparked outrage and renewed scrutiny of how the justice system treats victims of sexual violence. Lawyer Charlotte Proudman argues that this is a stark example of 'himpathy'—a term coined by philosopher Kate Manne to describe the disproportionate sympathy extended to male perpetrators, often at the expense of female victims.
The Case
Two schoolgirls had their lives irrevocably altered by acts of extreme sexual violence. One was 15 when she was targeted on Snapchat, lured to an underpass, and assaulted while the perpetrators laughed and recorded the attack. Two months later, a second schoolgirl was attacked at knifepoint by three boys, again while they filmed the abuse, encouraging one another to degrade her further. She said they threatened to kill her if she tried to run away. These were not impulsive acts; they involved planning, coercion, humiliation, recording, threats, and repeated violations.
Judge Nicholas Rowland told the boys, 'None of you need to go to prison,' and praised their conduct during the trial. The girls endured a five-week criminal trial in which the boys denied responsibility and sought to discredit them. One claimed the second victim had been 'flirting' with him and lied to explain her absence to her parents. He denied using a knife.
The Concept of Himpathy
Proudman, who has spent years representing women and children in the family justice system, notes a recurring theme: the law's extraordinary capacity to centre male defendants' futures, vulnerabilities, and mitigation while treating the lifelong devastation inflicted on girls and women as collateral damage. This phenomenon, known as himpathy, is deeply ingrained in culture. It manifests as an instinct to ask what will happen to the perpetrator, how prison might affect him, whether his life will be ruined, while the girl whose life has already been shattered is treated as an afterthought.
The judge's language in this case reflects this bias. The boys were described as 'very young'; one had ADHD and anxiety, another fell in the bottom one per cent for IQ, and a third had a 'limited understanding of consent.' However, millions of boys face similar challenges without committing sexual abuse. Proudman argues that sexual violence is not caused by neurodivergence but is rooted in power, entitlement, and the belief that girls can be violated with impunity.
The Impact on Victims
One victim said in her victim impact statement, 'All I want to do is die.' Another told the BBC that the decision to spare her attackers jail was 'like a rock to my face.' Victims described nightmares, shame, insecurity, and grief for the person they once were. Videos of the rape were circulated among peers, and one victim was called a slag. Meanwhile, the boys were not degraded or ostracised.
Proudman emphasises that violence does not end when proceedings conclude. When rapists walk free, the whole world becomes a prison for survivors. The judge imposed a ten-year restraining order, but as Proudman notes, trauma does not expire on schedule, and fear has no statutory limitation period. This case illustrates what decriminalisation of rape looks like in practice.
Call for Judicial Accountability
This case should force a reckoning for judicial accountability. In her book He Said, She Said: Truth, Trauma and the Struggle for Justice in Family Courts, Proudman exposed troubling examples of judicial attitudes towards sexual violence, including a judge questioning a victim's account based on her intelligence, another suggesting a woman had not been raped because she did not fight back, and one threatening to have a mother's child adopted if she continued to pursue allegations of rape.
While the three boys' sentences may be reviewed by the Court of Appeal for being unduly lenient, little scrutiny is applied to the judge. The complaints system run by the Judicial Complaints Information Office is opaque, allegations of misogyny are rarely upheld, and training on violence against women and girls is not transparent. Next month, Right to Equality, the not-for-profit organisation founded by Proudman, will launch a report on judicial bias in parliament, containing shocking examples of victim-blaming and prejudice that have caused profound harm.
Public confidence in the justice system is at an all-time low. When the system appears more disturbed by the prospect of boys losing their futures than by the reality that girls have already lost theirs, it does not look like justice at all.
