Attorney general had 'no doubt' on reviewing teen boys' rape sentences

Attorney General Lord Hermer says he had "no doubt" about referring the case of teenage boys who raped two girls to the Court of Appeal after they were spared jail time.

The decision to hand non-custodial sentences to the three boys sparked backlash, with one girl telling the BBC hearing the sentence was like a "rock in my face".

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.

"I was in no doubt that it was a sentence that I felt had to be referred to the Court of Appeal," Lord Hermer told BBC Radio 4's Political Thinking with Nick Robinson podcast.

Judge Nicholas Rowland said he had given the boys youth rehabilitation orders (YRO) rather than jail time because he wanted to avoid "criminalising" the "very young" boys and "support their reintegration into society". He praised them for their behaviour during the trial.

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.

The Sentencing Council for England and Wales states even in very serious cases courts should prioritise rehabilitation for children and use custody as a last resort.

The second girl told BBC Newsnight earlier this week she wanted to "be able to go on a walk without being scared" as her father said the attack caused a "lifelong impact" on his daughter.

Lord Hermer said after hearing of the initial sentence for the boys, he "wanted to know the detail as quickly as possible so I could make a decision as quickly as possible" so "uncertainty was not hanging over" the two girls.

"As part of my consideration of the case, I read the victim statements", Lord Hermer said, praising "the bravery of those girls" for "putting themselves through the ordeal of a trial".

"But what is more, when they got those sentences, to carry on campaigning to secure justice."

The attorney general acts as the chief legal adviser to the government and the Crown, as well as overseeing the Law Officers' Departments.

Under the Unduly Lenient Sentence (ULS) scheme, a member of the public can go to a government webpage and ask the attorney general to look at the outcome.

If the attorney general and expert lawyers agree that a sentence is out of line with normal expectations for such a crime, they can send the case to the Court of Appeal.

There, three of the most senior judges in England and Wales will hear arguments about whether the sentence was too short or appropriate, taking into account detailed guidelines to trial judges and the specific circumstances of the case.

Lord Hermer said courts across the country sentence people "to very long periods in prison for sexual offences".

"We are determined to make sure that the criminal justice system works for victims."

Jess Phillips, former minister for safeguarding and violence against women, said sentencing guidelines do not take into account a "growing trend" of children sexually abusing other children.

Referencing the findings of the Southport Inquiry, she said it outlines that "we focus too heavily on the perpetrator and their vulnerabilities, and don't think about the public safety element".

She told BBC Radio 4's Today programme on Saturday that the girls in the Fordingbridge case have essentially been asked to "suck it up for the sake of the perception of what is best for the perpetrators".

Asked what has contributed to the rise in young people committing sexual abuse, she said: "I cannot ignore the growth in online pornography, access to the most heinous things online for this generation that just simply didn't exist in prior generations."

Conservative leader Kemi Badenoch previously posted on X that the three boys received "no punishment at all".

Reform UK's treasury spokesman Robert Jenrick also previously condemned the sentence, telling the BBC: "It can never be right that a young person kills someone or rapes someone and they do not go to jail."