Three teenage boys convicted of 10 counts of rape were spared custody by a judge who cited "profound intellectual limitations" in two of the offenders, according to newly released sentencing remarks. The decision, which resulted in youth rehabilitation orders (YROs) rather than jail time, had previously caused public outcry.

The boys, who were convicted for their roles in separate assaults on two girls in Hampshire in 2024 and 2025, are now subject to a review by the Court of Appeal. BBC News obtained the full transcript of the judge's sentencing remarks, which detailed an "extremely complex sentencing exercise" that included submissions on the teenagers' neurological impairments and their capacity to understand the impact on their victims.

One of the girls was attacked in an underpass beside the River Avon. The court heard evidence from an expert from the government's Youth Justice Service who stated that placing one of the boys in custody would be detrimental, given his complex intellectual impairments. The judge, Nicholas Rowland, described the first offender as having ADHD and slight cognitive difficulties, but noted this did not diminish his personal culpability.

However, the second defendant, identified as N, was found by experts to have an IQ in the bottom 1% of his age group. He also suffered from ADHD and "extreme neurological impairment," which affected his ability to cope with mainstream schooling. His mother reportedly described him as functioning at the level of an eight-year-old. Judge Rowland stated he was "quite sure that N's culpability was reduced as a result of his profound impairments," suggesting his understanding of the events was far more limited than that of a typical 14-year-old.

A third boy, aged 13 at the time, was convicted of aiding and abetting a rape. The judge acknowledged the "detailed evidence about the precise nature of their offending" and their "prospects for rehabilitation" as key factors in the sentencing decision.

The sentencing remarks highlight the challenges judges face when dealing with young offenders who have significant cognitive or developmental issues. While culpability for the crimes is established, the capacity to understand the consequences and the potential benefits of rehabilitation outside of custody become critical considerations.

This case has drawn significant attention, with the Attorney General's office confirming the sentences are being referred to the Court of Appeal for review. The victims' families have previously spoken out, with one girl telling the BBC that the judge's decision felt like "a rock in my face" and expressing fears of encountering the teenagers again.

The full implications of the Court of Appeal's review remain to be seen, but the case underscores the ongoing debate surrounding sentencing guidelines for young people, particularly when intellectual or developmental impairments are a factor.