A woman whose 17-year-old daughter was attacked by her teen boyfriend, has hit out as a judge decided to free three young rapists.
Jennifer Hyland
15:13, 01 Jun 2026
(Image: Tinnakorn Jorruang via Getty Images)
A mum whose daughter’s alleged sex attacker was allowed to escape prosecution because of his age has slammed a judge’s decision to free three teenage rapists.
The woman’s 17-year-old daughter was attacked by her boyfriend, also 17, who was given a “diversion from prosecution” that allowed him to avoid a trial and a possible criminal conviction.
Now the mum, of Ayrshire, has hit out after similar rules applied in a case in England saw three boys handed youth rehabilitation orders.
Sentencing them, Judge Nicholas Rowland had said he wanted to “avoid criminalising these children unnecessarily”.
The case, which has sparked national criticism, saw the teens walk out of Southampton Crown Court court with 10 rape convictions between them.
Demanding tougher sentences for rapists the mum told the Sunday Mail: “Once again, no jail time, no day in court for victims. Another travesty.
“These poor girls will never get over these attacks, the impact on their lives now and in the future, and these rapists getting off scot-free.
“Youth rehab programmes should never even be considered for rapists.
“The only justice and the only way of ever bringing justice in any rape case, no matter the age of those responsible, is a jail sentence.”
Diversion from prosecution rules were designed for those committing low-level offences. But we discovered they began to be applied to young men accused of rape.
Instead of facing trial, alleged attackers are given therapy and spared a criminal conviction.
Lord Advocate Dorothy Bain KC, put in place changes to diversion from prosecution rules in April last year.
In England, two teen girls were raped in two separate incidents in Fordingbridge, Hampshire, with the first attack taking place on November 26, 2024, and the second on January 17, 2025.
In the first attack, a 15-year-old girl was raped by two of the boys, both aged 14 at the time.
In the second two boys raped a 14-year-old girl and the other, aged 13, filmed the attack and encouraged the rape.
Last week one of the 15-year-olds was given a three-year Youth Rehabilitation Order (YRO) with 180 days of intensive supervision and surveillance for the rape of each of the two girls and two indecent images charges.
The other 15-year-old was given the same sentence for three charges of rape against each of the victims and four counts of taking indecent images.
The 14-year-old was given an 18-month YRO for charges of rape in the January 2025 attack by encouraging one of the other defendants.
The sentencing has sparked public outrage including from French rape survivor Gisèle Pelicot, who has said she was “deeply shocked” by the case.
Pelicot, 73, was at the centre of the biggest rape trial in French history, which saw her husband jailed for a 20-year term.
Dominique Pelicot repeatedly drugged her unconscious and invited dozens of men to rape her.
Prime Minister Keir Starmer has also described the case as “appalling”.
The youth rehabilitation order sentences handed to the boys are being referred to the Court of Appeal by the attorney general.
We first highlighted the issue of diversion from prosecution as far back as 2023, when we told of alleged rapists being spared criminal trials.
In June 2023, we told how two women who reported attacks and were prepared to go to court were told the cases would not go ahead due to the guidelines.
Amid an outcry Bain ordered a review of how the policy and later put safeguards in place meaning future decisions on diversion will be taken by senior Crown counsel appointed by the Lord Advocate.
Earlier this month Bain announced she is stepping down as head of the country’s prosecution service after five years.
