Why were three teen rapists not given custodial sentences?

Note: this episode contains frequent references to rape, sexual assault and physical assault.

There's been public confusion and outrage over the sentences given to three teenage boys, who were convicted of rape.

In November 2024 and January 2025, two girls, then aged 15 and 14, were attacked in separate incidents in Fordingbridge, Hampshire, by two 14-year-olds. Another boy, then 13, was also convicted for his involvement in the second rape.

The teenage boys were given youth rehabilitation orders and walked out of court with 10 rape convictions between them.

The Prime Minister says the case will be referred to the Court of Appeal. He described the case as distressing and said "there are questions about the sentence". One of the girls who was raped told the BBC that the judge's decision was like a "rock straight in my face".

So what are the likely reasons why the three teenage boys were given non-custodial sentences? What is the guidance around youth sentencing, and what are youth rehabilitation orders? How do youth courts - and youth custody - work, and how does the system differ from the adult courts in England and Wales? And does the adversarial nature of our criminal justice system lead to vulnerable victims being re-traumatised?

Presenter: Dr Joelle Grogan Producers: Ravi Naik and Ivana Davidovic Editor: Damon Rose

Contributors: Kirsty Brimelow KC, Chair of the Bar Council of England and Wales Dr Charlotte Proudman, a barrister who specialises in family law and human rights Dr Kathy Hampson, Senior Lecturer in Criminology at Aberystwyth University