The three boys accused of taking it in turns to rape a girl have been found not guilty

[Lougle]

The three boys accused of taking it in turns to rape a girl have been found not guilty on all counts despite some of the incident being filmed. How could that be? That poor girl. I believe in justice, I wasn't in court. I just can't understand it though.

Have you got a link?

Can well believe it. Dd stuck her neck out to report a small group of hideous boys behaviour. Head was in tears hearing what the girls were putting up with and wanted them excluded. But nope. Still there.

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/three-boys-accused-raping-girl-33617212

I hadn't heard anything about this.
The account of the incident is very distressing.
I fail to understand the verdict.

Were you in Court to hear all the evidence?
If not, how can you say they are not innocent?

Well judging by the report of the evidence in the paper it was pretty vile behaviour.

Poor, poor girl.

I really want to believe in our justice system. I believe her.

I hope she is well supported and I hope she finds peace. How, I'm not sure.

I have just read about this.

Whilst I appreciate a barrister has a duty to strenuously represent their client to the best of their ability the defending barrister Rachel Shenton’s comments appall me.

The management of rape cases is a disgrace and so many juries are hopelessly prejudiced and riddled with rape myths.

Very little point in reporting a rape unless it was a stranger leaping out and doing so at knife point. Even then the fucker might get away with some bollocks about it being your fantasy.

Well, thats the point of the OP, to understand the verdict.

The jury was told the girl was 'physically pushed and bent over forward' as she was raped. Prosecutor Kim
Jurors were told 'some' of what happened was filmed on a mobile phone. The girl was 'not asked if she consented to filming', jurors heard

In the footage, which was played to the jury, 'clapping' noises could be heard, along with a voice telling the girl to 's* it'. It was said the now 16-year-old could be seen behind the girl, while the now 15-year-old was filming

There's literally footage of it happening.

I'm not saying that. My OP is clear. I wasn't in court. But the news accounts say that the boys took turns, swapped positions, she was pushed over into position and that there is footage where clapping noises can be heard and one of the boys tells the girl to 'shut it'.

They were found not guilty because they claimed that a 12 year old girl consented to it. Sex with a girl under the age of 13 cannot be deemed consensual usually, so I can only presume that this defence was allowed because they were also under the age of consent.

What the actual heck? There’s footage of it happening!!! This is an outrage - is there a petition or something so the poor girl can get justice?
Girls and women are second class citizens in this country. This needs to be challenged.

A brief quote and not given in context.

I am always very wary of accepting press reports of criminal cases at first sight.

Sexual Offences Act 2003 (Rape of a child under 13)

Section 5
(1)A person commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
(b)the other person is under 13.
(2)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

It’s fucking appalling. I’m horrified by this verdict, honestly.

Yes there's footage but they claimed it was consensual. From what I've read, the footage does not show her struggling or saying no etc. Obviously if the evidence was black and white I'm sure they would have been found guilty. Sounds like a pretty grim affair all round.

Pretty sure there are mitigating factors based on the boys' ages

Was she under 13?

SHE WAS 12.

How could it be consensual? Jesus christ. So now gang rape victims must struggle enough and not freeze as many do, otherwise its not rape, no matter how young they are.

That article was a horrible read. That poor child. It is very hard to understand how a not guilty could have been reached.

She was asked if she wanted to have sex and replied 'no', the jury heard, which was heard by the friend she was with.

There was clearly a witness to the fact that she did not consent. I just can't get my head around how they were not convicted.

This is disgusting that the boys walked away with no punishment.

Yes, the prosecution guidance gives caveats for age when consent is a factor, even though there is no legal defence of consent.

Im not sure mitigating factors are about whether someone is guilty or not? Surely the mitigating factor would come into play in terms of sentencing

Its like when a parent is fined for the child not being in school, if the parents are separated then both get fined even if its the parent with custody that day that took the child out (Im simplifying). There is no mitigating factor for the other parent not being aware of it.

So in this case they were also under the age of consent but they committed the crime?

Actually the MEN story says she was 13.

And the boys were the same age?

I'm not saying it was right or ok. Just saying the footage does not prove rape. Lots of people on this thread are saying "but there's footage!!" Yes there is footage of them having sex.

The girl did not consent, and there was a witness to the fact that she did not consent. I don't believe that the perpetrators' ages should be a mitigating factor in that scenario.

She was 13 according to the article linked to upthread.