Police at the scene in Rochdale in February 2024 (Image: M.E.N)
Three boys, aged 12, 13, and 14 at the time of the incident, who faced allegations of sexually assaulting a girl, have been cleared of all charges. Prosecutors had previously claimed that the defendants—who remain unnamed due to legal restrictions—“took turns” and “swapped positions” during the incident.
The trio had been charged with three counts of rape of a girl aged under 16 in Rochdale, Greater Manchester. They were first arrested in February last year, with the court being told the incident took place just off a footpath near the Newbold tram stop in Rochdale in February 2024. The boys denied the allegations, maintaining at trial that the encounter was consensual.
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Minshull Street Crown Court heard that part of the alleged assault had been recorded on a mobile phone, with prosecutors stating that the footage was later “shared among themselves” and “with others.”
After a two-week trial, the two older boys—now aged 16 and 15—were acquitted of rape, as well as two charges of ‘joint enterprise.’
Jurors were also asked to determine whether the third boy, now 14 and previously deemed unfit to stand trial, had committed the offences or encouraged the others.
In their verdicts, the jury concluded that he had not committed the acts.
The girl aged 16 at the time was “physically pushed and bent over forward” as she was raped, the jury was told. Prosecutor Kim Whittlestone said the boys then “all swapped”. She said it “would have been obvious” that she “did not want this to happen”.
Each boy denied the charges they faced (Image: M.E.N)
“It would have been clear that she was not consenting,” she told the jury. A friend the girl was with “stepped in to stop what was happening” and the now 15 and 16-year-olds fled the scene, it was claimed.
“Clapping noises” could be heard in footage played to the jury, 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. The now 14-year-old was said to have “slapped her bottom”, prosecutors alleged.
While giving evidence, the now 16-year-old said the girl said she “fancied him” and that there was “talking and flirting” on the tram. He claimed she “voluntarily” went into the bushes first and began to perform a sex act on his co-defendant.
The now 15-year-old boy said the girl had “asked [him] for sex” and that he could tell she “fancied [him]” because of “the way she was looking at [him]”. They both said in evidence that it was “consensual”.
In closing speeches at Manchester Crown Court, Rachel Shenton, who represented one of the defendants, who is now 16-years-old, said consent was “more nuanced” than “please may I do this to you? Yes”.
She added: “It starts with banter, and flirting, with someone walking into bushes. They are not middle aged people, these are adolescents.
“[The alleged victim] herself said ‘I didn’t say yeah’. Is that enough?”
After 9 hours and 46 minutes of deliberations, the jury found all three boys not guilty on all counts.